Distracted Driving Accident Attorney in Friendswood, TX
Distracted driving accidents are totally preventable, and yet they happen every day across Texas. Friendswood is no different. A distracted driving accident can happen on FM 528, near Bay Area Boulevard, or on I-45 during your commute to Houston. These accidents can change your life in an instant, which is why it’s important to work with a Friendswood distracted driving accident lawyer from the beginning to protect your rights.
It’s understandable that you might be looking for a Friendswood car accident lawyer after being involved in a collision. At the same time, expect contact from insurance adjusters, growing medical expenses, and denials of responsibility from the other driver’s insurer. When it comes to distracted driving accidents, the fault is essential. You will need to prove it, but you also need to preserve the evidence before it’s too late.
About The Law Offices of Tad Nelson & Associates
The Law Offices of Tad Nelson & Associates cares about you and your family. We offer personalized legal services that are tailored to the unique facts of your case. Our founder is a former prosecutor who knows Galveston and Houston area courts like the back of his hand. He believes in listening to clients, having attorneys handle your case, hard work, and getting results without unnecessary delay.
Understanding Distracted Driving Accident Laws in Friendswood
Distracted driving doesn’t just mean texting and driving. It means any kind of driving where your attention isn’t focused on safely operating your vehicle. The residential areas of Friendswood flow directly into heavily traveled roads. One momentary distraction can cause serious injury to someone else on the road.
Driving distracted can take many forms, from cell phones to dashboard technology to passengers, and even things like eating while driving or looking down to adjust your navigator. In Friendswood, many of these distractions happen along high-traffic corridors leading into Houston and Galveston, which means more cars and more potential for disaster.
Texas law, specifically Texas Transportation Code § 545.4251, makes distracted driving against the law. It prohibits drivers from reading, writing, or sending an electronic message while operating a motor vehicle. This statute lays the groundwork for proving someone was driving distracted, but doesn’t automatically guarantee that the driver was in violation at the time of a crash.
Elements of a Distracted Driving Claim
A distracted driving accident claim starts with negligence, as any other personal injury claim does. You’ll need to prove that the other driver failed to act with reasonable care. In other words, they drove distracted.
Texas uses a rule for modified comparative fault, Texas Civil Practice and Remedies Code § 33.001. Essentially, you’re entitled to compensation, but it gets reduced based on your share of responsibility. If it is determined that you are more than 50% responsible for the crash, you cannot receive any money for damages at all.
Comparative fault is one of the first things we address when working with clients after a distracted driving accident. Insurance companies love to place the blame on others after an accident, so it’s vital to have a strategy in place from the beginning. As stated above, you’ll need evidence that the other driver was driving distracted at the time of the collision. Evidence can include:
- Phone records and data downloads
- Traffic camera or bystander video
- Witness statements
- Police reports from the crash
- Testimony from accident reconstruction professionals
The Legal Approach to These Cases
Distracted driving accidents can appear straightforward, but that’s often not the case for those unfamiliar with the details. Insurance companies know this. One of their favorite tactics is to try to lowball clients by arguing that distraction wasn’t the primary cause of the accident.
They will attempt to shift blame for the crash to other causes, like weather, traffic conditions, speed, and even the response time of the driver. Without a well-thought-out approach, insurance companies can leave victims with little to no recovery after an accident. Hiring an experienced Friendswood distracted driving accident attorney can help you not just preserve important evidence, but can also help you understand how local judges and jurors view evidence.
Hire a Distracted Driving Accident Lawyer
Don’t wait to hire a distracted driving accident lawyer in Friendswood. You only have a certain window to preserve important evidence like phone records and data downloads. Wait too long, and that evidence could be destroyed.
If you postpone getting a lawyer, the insurance company gains more sway over your case. Insurance companies are known for calling accident victims as soon as they want to hire a lawyer and offering settlement negotiations.
Though that approach might have its place, consulting with an attorney immediately is most beneficial. You’ll also want to think about what you say to your insurance company. If you don’t have representation, what you say could later be used against you in court.
Local Considerations
In 2024, the state of Texas experienced 14,905 serious injury crashes. This resulted in 18,218 people suffering injuries. Unfortunately, in that same year, 380 individuals passed away due to crashes that involved distracted driving.
Your distracted driving accident claim won’t start in a courtroom. It will progress through intentional investigation and depositions before the attorneys even consider litigating the claim. However, such claims commonly find their way into the courtroom. Injury claims in Friendswood typically end up in either Galveston County or Harris County, located at the following:
Galveston County Justice Center
600 59th Street
Galveston, TX 77551
When building a case, your attorney can take local court considerations into account. Knowing how certain judges and jurors interpret negligence, view evidence, and handle common distractions can help you litigate the case appropriately.
The Impact of Distracted Driving Accidents
Just because you recover from your initial injuries doesn’t mean life will return to normal. Many people face years of medical treatment, lost time from work, and financial uncertainty after a serious motor vehicle collision. In more severe accidents, people can suffer damages like:
- Lost wages
- Long-term medical treatment
- Vehicle damage or loss
- Pain and suffering
- Emotional damages
It’s important to acknowledge that it takes time to heal after a difficult event. For some high-net-worth individuals, the stress of the accident itself can cause tremendous professional risk. Not only do you want to get as much as possible for your recovery, but you also want to think about how you can protect your time. An attorney can help you do both.
Developing Your Distracted Driving Accident Claim
Every piece of evidence doesn’t stand alone. During our investigations, we look for ways to link evidence together to develop a stronger case on behalf of our clients. That could mean consulting with medical professionals to establish that injuries are legitimate. It could mean consulting with financial professionals to establish that you’re properly categorizing all your damages. This could also involve obtaining digital records from either vehicle involved to bolster your claim.
FAQs
Q: What Are Five Examples of Distracted Driving?
A: Examples of distracted driving are texting or reading text messages, talking on a cell phone, eating and drinking, messing with navigation or music players, and reaching for or interacting with passengers. Reaction time slows, and crashing becomes more probable if you take your eyes off the road for even a couple of seconds to glance at an object or notification.
Q: What Are the Distracted Driving Laws in Texas?
A: Drivers in Texas are banned from reading, writing, or sending electronic messages while driving under Texas Transportation Code § 545.4251. This does not include hands-free operation. There are further restrictions regarding school zones and young drivers. Even if not texting, drivers can still be cited for interference with safe operation and/or be found liable if such distractions lead to a car accident.
Q: What Are the Four Common Types of Distractions?
A: The four types of distractions drivers deal with are visual (what your eyes are on), manual (taking your hands off the wheel), cognitive (losing mental attention on driving), and auditory (sound). Texting falls into three of these categories, which is why it is particularly hazardous, as it can increase your chance of getting into an accident.
Q: Is It Illegal to Drink Coffee While Driving in Texas?
A: It is not illegal in Texas to drink coffee while driving. That said, if a driver’s coffee consumption leads to an unsafe driving situation, like a spill that causes them to lose control of the vehicle and crash, they could face a traffic citation or have their coffee drinking brought up in any legal action. You should always have full control of your vehicle.
Q: Does Distracted Driving Raise Insurance Rates in Texas?
A: Yes. If you are cited for distracted driving or cause an accident while distracted, you can face higher insurance rates. Insurance companies view these as high-risk behaviors that can impact both liability coverage and your personal insurance rates. There may be ways to limit long-term financial impact if you seek legal counsel early.
Contact The Law Offices of Tad Nelson & Associates
If you were involved in a distracted driving accident, The Law Offices of Tad Nelson & Associates can help you obtain the compensation you deserve.Contact us today for a free consultation.