Driving a car requires focus and a baseline level of skill from the driver. If not paying attention, a driver can easily cause an accident. Accidents due to a lack of attention can include texting while driving car accidents in Pasadena, and any injuries from an accident could form the basis for a compensation claim. A trusted motor vehicle collision lawyer can help an injured person make their claim and recover.
A driver taking their eyes off the road for even an instant can cause devastation, particularly if traveling at higher speeds. Distractions are more prevalent inside the car then ever as a result of technological advances.
Glancing down to read a text, take a phone call, or see a notification on a car display can all distract a driver. Texting, in particular, can take more time and attention from the road as a driver composes a response, even if using voice commands instead of typing. Trying to engage in a conversation in this way can prevent a driver from seeing their surroundings and reacting to hazards, such as other cars.
A crash caused by a driver’s texting can end in serious injuries. From traumatic brain injuries to organ and spinal cord damage, life-threatening injuries are not uncommon in a car crash.
All these injuries can require medical treatment, including long-term care and rehabilitation, and can incur costs for a victim. A legal claim for compensation can help with paying for medical care and making up for lost income after a texting while driving crash, and a Pasadena attorney can help make that claim happen.
A personal injury claim usually involves negligence—the legal responsibility of one person for another person’s injuries due to unreasonable behavior. Negligence breaks down into four elements: duty of care, breach of duty, causation, and damages.
All drivers have a duty to drive safely, and choosing to text while driving could be a breach of that duty because of the lack of attention to the road. A victim bringing a claim would also need to show evidence of how the distracted driver caused the accident and their injuries, which are expressed as categories of damages like medical expenses, lost wages, and pain and suffering.
Beyond the basics of a negligence claim, a victim also needs to consider the statute of limitations, which Texas Code § 16.003 sets at just two years for personal injury claims. A plaintiff who tries to bring a claim outside of that two-year period could find themselves out of legal options for compensation.
Also, a person’s own actions in a Pasadena texting while driving accident could affect their claim. Texas uses a system of negligence that assigns fault to anyone involved and, as determined by Texas Civil Practice & Remedies § 33.012 and § 33.001, a court can reduce a plaintiff’s recovery in proportion to their own fault. If a court finds a victim more than 50 percent responsible for their own injuries, they can be barred from receiving compensation.
Figuring out how to bring a claim properly and gather the necessary evidence can be daunting for a victim with little to no legal experience. An attorney can take the lead on getting a claim together as a victim recovers from their injuries.
Handling a lawsuit or an insurance claim after an accident can require knowledge and resources unique to an attorney and their practice. Whether gathering evidence from the scene of an accident or physically filing a claim, an attorney can ensure that you have the best chance to recover financially.
A lawyer can organize claims based on texting while driving car accidents in Pasadena, from the immediate aftermath of a crash through the process of pursuing compensation. Call for a consultation on your case as soon as possible.
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