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Hurt in a Distracted Driving

No matter the area in which we live, we share the road with distracted drivers more often than we might think. According to the Texas Department of Transportation, of the 540,561 car accidents that occurred on Texas roads in 2018 alone, nearly twenty percent were caused by distracted driving. From the tired mother who is trying to quiet down her two crying children in the back seat to the teenager who is sending a quick text to his parents to say he’ll be a bit late coming home, our roads are full of drivers who are not focusing fully behind the wheel. Oftentimes, we don’t realize that a driver is distracted until it is too late. 

Unfortunately, if you are the victim of a car accident that was caused by a driver that was not paying attention, you already know that the pain that you suffer extends far beyond the physical level. The mental toll that an accident can take on you can be immense, and your financial stability can be toppled in no time. 

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The Process

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Why you need legal representation

An injury due to a car accident can be a traumatic experience, and dealing with unscrupulous insurance company representatives only adds to the stress. Most laypersons lack the legal experience to properly fight for all the compensation they deserve and will likely unknowingly settle for far less than their case is worth. No matter what, it always helps to have an experienced attorney on your side, and that’s what Fielding Law can offer.


Our team will represent your interests fiercely, whatever they may be. We will work with the insurance companies to get you the best possible settlement. If negotiations fail to produce a reasonable settlement, we won’t hesitate to take your case to trial and fight for every dollar you deserve. Our top priority is your success, and we’ve helped hundreds of victims who have been involved in car accidents receive the compensation they deserve.


If you live in Utah, Texas, Arizona, or Idaho and you’ve recently been involved in a car accident, don’t wait to hire our Utah car accident lawyers or our Texas car accident lawyers that can help you receive compensation. Call us today at (877)880-4090 or contact us online to set up a free evaluation. Hablamos Español: (877) 880-4090.



I've never been in this scenario before. I found myself in the hospital after I was involved in a truck accident; I didn't know what to do or how I was going to live, but from the moment I came into the office of Fielding Law Auto Accident Attorneys, they made me feel at ease and cared for. I recommend them to anyone who requires the services of an attorney.


You should work with Fielding Law Auto Accident Attorneys, in my opinion. They looked after my case and I very well. They provided frequent updates, the settlement process moved along quickly, and they stood their ground when it came to negotiating with the insurance provider. I would keep using them if I ever required their services again.


We used Fielding Law Auto Accident Attorneys in our accident case. These guys are knowledgeable and always willing to go to bat for us and our children. It was such a terrible thing that happened to my child by no fault of his own or mine. We were very lucky to have such a great representation to help fight for our baby and what happened to him and all the other little ones involved.


We were unsure of what to do after my wife was involved in a car accident. We probably would have accepted the insurance company's settlement in its entirety. Fielding Law Auto Accident Attorneys, however, were a lifesaver when we contacted them. walked us through every step with ease, put us in touch with helpful doctors, and was able to secure a favorable settlement for us..


Throughout my case, Fielding Law Auto Accident Attorneys were professional, honest, and determined to see it through in the most efficient way possible. They fought for me and my case was a success. If you have been wrongfully injured, I highly advise you to contact Fielding Law Auto Accident Attorneys.


This is the most amazing law firm I could have ever imagined working with! They are as honest as they come, always keep you updated, and do whatever it takes to get you the best possible settlement. I will always recommend Fielding Law to anyone who needs an auto accident attorney. Thank you especially to Brian and Phil they are so kind and truly the best!


Michael and Mitchell are both excellent attorneys who know the ins and outs of personal injury law. And they are dedicated to their clients.


I have seen thousands of lawyers in action, and I can say without reservation that Michael Fielding is one of the best I have come across.


If you’re looking for the right lawyer to represent you, look no further: Mitchell is your guy.


Distracted Driving Accident FAQs

Forms of Distracted Driving

Distracted drivers don’t necessarily fit a profile; rather, any driver who is not fully focused on the road ahead of them can be considered a distracted driver. These distractions can come in many  different forms.


  • Visual distraction


As a driver, it’s nearly impossible to keep your eyes on the road 100% of the time. However, when a driver’s eyes stray away from the road, he or she is not operating the vehicle in a safe manner. A person can be considered to be visually distracted when he or she stops watching the road for long enough to create an unsafe driving condition. Whether a person is looking at a GPS to figure out their next turn or absentmindedly observing an accident on the other side of the street, if an accident is caused as a result of looking away from the road, the driver fell victim to visual distraction. In congested areas like Mesquite or I-15 near Salt Lake during rush hour, accidents stemming from visual distraction can occur in a matter of seconds. 


  • Manual distraction


One of the first things that we are taught as new drivers is to keep our hands on the wheel. While we sometimes have to take our hands off the steering wheel to turn on a blinker or shift gears, our hands should otherwise stay on the wheel in order to operate a vehicle in a safe manner. Manual distractions occur when a driver takes his or her hands off the wheel to do something while driving. Eating while driving and fiddling with the air conditioner or radio are prime examples of a person operating a vehicle while manually distracted.


  • Cognitive distraction


When a driver is preoccupied with thoughts other than the road ahead, he or she is cognitively distracted. It doesn’t matter whether the person is stewing over a stressful day at the office on his way home from work, or lamenting over an argument that she had with her spouse earlier that day—if the person’s thoughts detract from their ability to pay attention to the road, a dangerous situation can occur very quickly. 


One of the most dangerous—and most common—forms of distracted driving is texting while driving. Because of all of the functions that go into sending a text message, a person experiences all three forms of distraction in the process. In order to read or respond to a text message, a driver must take his or her eyes off the road to look at the phone and at least one hand is needed to do so. A person can become so focused on the conversation that they stop mentally paying attention to the road.

Proving a Distracted Driver’s Negligence

In order to prevail in a personal injury claim caused by a distracted driver, your attorney must prove that the at-fault driver was negligent. Negligence is a legal theory which simply means that a person failed to exercise an appropriate standard of care in a specific circumstance—in this case, driving. Four elements encompass the theory of negligence, and each element must be shown in order for a personal injury case to be successful. 


  • Duty –When a person gets behind the wheel, he or she owes a duty of care to all other people on the road to drive in a responsible and safe manner.

  • BreachIt’s not enough that your attorney can prove that a distracted driver owed you a duty of care; he or she must also prove that the driver did not live up to this duty. Proving this “breach” of duty essentially means showing that the driver was not paying attention to the road when the accident occurred.

  • CausationOnce your attorney proves that a duty of care to you was breached by the distracted driver, it must be shown that the accident occurred because of the driver’s distraction, and not because of some other unrelated cause.

  • Damages. Lastly, your attorney must prove that you suffered “damages” because of the accident caused by the distracted driver. This is usually the easiest element of negligence to prove and include the physical damage to your vehicle as well as the physical and emotional suffering you experienced. 

Forms of Available Compensation

A successful personal injury case can provide financial compensation—also known as “damages”—to you for various aspects of the accident that you suffered. Damages available in a personal injury case include compensation for:


  • Medical bills incurred as a result of the accident, such as hospital stays, surgical costs, rehabilitation, medication, and medical equipment such as a wheelchair;

  • Lost wages that  you were not able to receive as a result of missing time from work after your accident;

  • Lost earning capacity if you were left permanently disabled after your accident;

  • Physical pain that you suffered during and after your accident;

  • Emotional trauma that you suffered as a result of your accident and injuries, such as depression, anxiety, or insomnia; and

  • Physical damages caused to your vehicle that was involved in the accident.


In particularly egregious cases of distracted driving, a victim may be awarded additional “punitive” damages. These damages are not meant to compensate the victim for anything that he or she has suffered; rather, they are meant to punish the distracted driver who caused the accident and deter others from making similar decisions in the future. 

Injured by a Distracted Driver? We’re Here to Help

If you’ve been involved in an accident caused by a distracted driver in Mesquite or a surrounding area in Texas, there is no time like the present to discuss your legal remedies with a personal injury attorney. When you entrust your case into the hands of the Fielding legal team, you can rest assured knowing that your interests are being represented by an attorney whose mission is to obtain a result that is both fair and favorable to you. Our attorneys are dedicated to taking the burden of a personal injury claim off of your hands so that you can focus on what truly matters after a car accident—recovering to the fullest extent possible. 

Don’t wait any longer to obtain the quality legal representation you deserve for the injuries you suffered at the hands of a distracted driver. No matter the time or day, a member of the Fielding legal team is on standby to discuss your rights when it comes to your accident. To schedule a free consultation with a Fielding Law attorney, fill out an online case evaluation form or call (877) 880-4090 today.