Driving while distracted is hazardous and illegal. A driver must pay attention to what is happening on the road to protect others. Yet, many people use their phones to text while driving, causing wrecks and injuring others.

If you were hurt in a texting while driving car accident in Buda, consult a local personal injury attorney. They could help you prove the other driver was at fault for an incident and owes you compensation for your losses.

Texting While Driving Is Illegal

Texas Transportation Code §545.4251 bans using a cell phone to write, receive, read, or send electronic messages while driving. A driver also may not use social media apps while driving a vehicle. A driver may use a cell phone to listen to music, use a GPS, report an emergency, or engage in other activities in hands-free mode.

Texting while driving is a form of distraction that leads to collisions. According to the Texas Department of Transportation, in 2020, texting drivers caused almost 20 percent of the crashes in the state, leading to 431 deaths and severe injuries to nearly 3000 people.

Texas holds an at-fault driver responsible for the results of their injuries. When a driver’s violation of the law causes an accident, they are usually at fault. Someone who suffered injuries in an incident that also violated a law might share responsibility. In that case, an injured person could collect partial damages from a texting driver. A lawyer in Buda could review a texting while driving car crash to determine who should be held responsible.

Damages in Texting While Driving Crashes

When a driver texts and causes a wreck, they are liable for the losses they cause to other people. They must pay the actual expenses a wreck caused and additional losses an injured person experienced because of a crash.

The law refers to an injured person’s out-of-pocket expenses as economic damages. A vehicle accident victim’s economic damages could include:

  • Medical treatment
  • Rehabilitation expenses
  • Costs of renovating a home to accommodate an injury
  • Expense of hiring household help to perform tasks
  • Lost wages
  • Missed earning opportunities
  • Future injury-related medical care
  • Diminished future earning capacity

In addition, damages pay for an injured person’s non-economic losses. A person who caused an accident would pay for an individual’s physical pain, emotional trauma, scarring, disability, and lost enjoyment of life’s pleasures. An attorney in Buda could help an injured person evaluate the changes in their life since a texting while driving car collision. They could use this information to estimate non-economic damages.

Holding a Driver Liable After a Car Accident

After a vehicle accident, an insurance company for an at-fault driver will often make a settlement offer to anyone who suffered injuries in an accident. These offers are usually too low to provide full compensation for an injured person’s losses. It is wise to speak with an attorney about pursuing damages before accepting an offer.

Once an injured person decides to work with a legal professional, they will handle communication with an insurance company and any other party that might have some responsibility for an accident. Typically, the parties will negotiate until they reach a fair settlement.

Sometimes, the other party does not negotiate in good faith, and an injured person must file a lawsuit. Even when an injured person brings a suit, a case usually settles before going to court. The threat of a jury in Buda hearing that an individual caused a wreck because they were texting and driving is usually enough to persuade an insurance company that settling is the better course.

Rely on an Attorney to Secure Damages After a Texting While Driving Car Accident in Buda

If a driver was texting when they collided with you, they are liable for your setbacks. You could seek compensation for your economic and non-economic losses.

If you suffered injuries in a texting while driving car accident in Buda, speak with a local attorney immediately. A legal advocate could negotiate with the insurance companies and keep fighting until you get a fair settlement. Call today to learn more.