Distracted Driving Accident Attorney in League City, TX
Driving is a daily requirement for many Texans. Every time you get behind the wheel, there is a chance of an accident. If you have recently been involved in a vehicle collision or crash, a League City distracted driving accident lawyer can help with your case. They can work to establish liability and represent you throughout the proceedings.
About The Law Offices of Tad Nelson & Associates
At The Law Offices of Tad Nelson & Associates, our team has decades of combined experience assisting the people of League City, Houston, and communities throughout Texas with their distracted driving accident cases. League City car accident lawyer Tad Nelson has represented clients in over 400 jury trials. He’s received an AV-Preeminent rating from Martindale-Hubbell for five consecutive years, the highest award given by the 150-year-old institution.
What Is Distracted Driving?
Distracted driving refers to a variety of things that take a driver’s attention away from safely operating a motor vehicle. The main types of distracted driving include visual distractions such as rubbernecking, manual distractions such as reaching for something or eating, cognitive distractions such as conversations or daydreaming, and auditory distractions such as loud music. Phones are a frequent contributor to distracted driving, as they combine all four types of distraction.
Overview of Distracted Driving Accident Claims in Texas
Distracted driving remains an ever-present safety concern for drivers across the country. In 2024, distracted driving was involved in over 91,000 crashes in Texas, leading to 373 deaths and 2,587 serious injuries. The Texas Department of Transportation cited it as contributing to nearly one in five crashes. You don’t have to be driving on a busy route like Interstate 45 or the League City Parkway to be affected by distracted drivers.
Distracted driving accident claims typically fall under Texas personal injury law. These claims center on the plaintiff pursuing compensation because the defendant caused or contributed to an accident through reckless, negligent, or intentional actions.
The location where your distracted driving accident claim is handled depends on where the crash occurred and where the defendant lives. Most League City distracted driving accident cases and other civil matters are handled at the Galveston County Justice Center, located at 600 59th Street, Galveston, TX 77551.
Hire a Distracted Driving Accident Lawyer Today
After a serious accident, it can be confusing to know your options or what steps to take. While you may represent yourself in all legal matters, it is recommended that you hire a distracted driving accident lawyer to help with your case. A League City distracted driving accident attorney can use their experience in similar cases to prepare you for the proceedings. They can provide many services, including:
- Exploring options. Your attorney can sit down with you and advise you on what pathway forward is suited for obtaining compensation and justice for your damages.
- Communicating with your insurer. Communicating with insurance companies can be a tedious, time-consuming process. Our team can deal with your insurer and defend you against unfair claim denials and predatory tactics.
- Gathering evidence. Evidence plays a crucial role in all personal injury cases, but can be hard to find for distracted driving claims. We can analyze existing documentation of an incident and gather additional information that can strengthen your case.
- Filing your case. In Texas, personal injury claims must be filed within two years of an accident. We can file your case, draft paperwork, and work to meet all deadlines pertinent to your case.
- Negotiating with the defendant. Many civil matters are settled before proceeding to trial. This process involves lengthy discussions with offers and counteroffers sent before reaching a deal. Your lawyer can skillfully negotiate on your behalf and work to find a settlement that you deserve.
- Representing you in court. Court appearances can be stressful for those unfamiliar with the environment. The Law Offices of Tad Nelson & Associates can represent you at every hearing and advocate for you throughout the proceedings.
What To Do After a Distracted Driving Accident
The actions you take in the minutes, days, and weeks after a distracted driving accident can determine your legal options later on. The following are a few things to do following a crash:
Check for Serious Injuries
The first thing you should do following a distracted driving accident is to check yourself and other passengers for serious injuries. If someone is hurt, seek immediate medical attention. Your and other passengers’ well-being is the priority. There are many 24/7 emergency departments around League City, with the largest center located at Elitecare Emergency Hospital at 2350 Gulf Freeway.
If you are not apparently harmed, you should still see a doctor after an accident, as some symptoms can take days to appear.
Contact the Authorities
After you check yourself and others for injuries, the next step you should take is to contact the authorities. In Texas, you are legally required to report any collision that involves the injury or death of a person, or if there is property damage worth $1,000 or more. Failure to do so not only can jeopardize civil claims but may result in criminal charges.
Exchange Information With Other Drivers
While waiting for authorities, exchange contact information with other drivers involved. Avoid admitting fault or politely apologizing. This is a common and understandable impulse that can be used against you later on. On the other hand, refrain from confrontations about who caused the accident. Your attorney can prove this later on in court.
Gather Evidence at the Scene
Before leaving the scene, gather as much evidence as you can if you are able to. Documentation of the crash is essential for any future legal action. Strong evidence includes:
- Medical records
- Police reports
- Photos and videos of the accident site
- Security camera footage
- Witness testimony and contact information
Notify Your Insurance Company
In the days following an accident, notify your insurance company of the incident. Each plan has its own required timeline, but as soon as possible is recommended. When speaking with your insurer, avoid giving a recorded statement or too many details. Any little comment may be used to deny your claim or reduce the awarded amount. Stick to basic facts with demonstrable evidence. Your attorney can handle this communication for you.
FAQs
Q: What Types of Distracted Driving are Illegal in Texas?
A: The main type of distracted driving that is explicitly illegal in Texas is the use of cell phones.Texas Transportation Code Section 545.4251 makes it unlawful to use a wireless communication device to read, write, or send messages while driving. This does not include hands-free devices or texting while stopped. Previous convictions for this misdemeanor can be useful in pursuing civil action.
Q: What Compensation Can You Receive in a Distracted Driving Accident Claim in Texas?
A: The compensation you may receive in a distracted driving accident claim relies on how a crash affects you. The two main categories for awards are economic and non-economic damages. Economic damages center around the financial impact of an event, such as medical bills and lost income. Non-economic damages cover emotional harm like pain and suffering or disfigurement.
Q: Can You File a Claim if Partly At-Fault for a Car Accident in Texas?
A: In Texas, you may file a distracted driving accident claim if you were partly responsible for causing a crash. Personal injury law uses proportionate responsibility guidelines to determine the percentage of culpability. You can still receive compensation as long as yourat-fault percentage is below half. Your level of culpability can reduce the amount you can be awarded. If a judge finds you 51% responsible, you cannot obtain any damages.
Q: How Long Does a Distracted Driving Accident Claim Take to Resolve in Texas?
A: How long your Texas distracted driving accident claim takes to finalize varies depending on its complexity, the court’s workload, and the extent to which a defendant contests negligence allegations. An incident with no bodily harm and a party eager to settle may take a few weeks, whereas a matter that proceeds to trial and goes through the appellate court system could take a lengthy time to resolve.
Q: Do All Distracted Driving Accident Cases Require a Trial in Texas?
A: In Texas, not all distracted driving accident claims require a trial. Many complaints are dismissed in pre-trial negotiations or through insurance companies. If negotiations fail or you are not offered an acceptable settlement that covers all of your damages, you can discuss the merits of proceeding to trial with your attorney.
Speak With a League City Distracted Driving Accident Attorney Today
The Law Offices of Tad Nelson & Associates understands the difficulties that come following a serious car accident. Our team can use our extensive knowledge and decades of experience to guide you through your claim. We can work tirelessly for the compensation you are entitled to.
Contact us today to book your first consultation. In this meeting, we can discuss your side of the story and explore all of your legal options. You may also visit our League City offices, located at 820 East Main Street.
*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.