There’s no excuse for distracted driving. Regardless, motorists sometimes eat, drink, text, and do other careless and reckless things. If a motorist is driving while distracted and slams their car into yours, you may be able to hold them accountable. Start by meeting with a distracted driving lawyer in Corpus Christi who can explain your legal options.
Carrigan & Anderson, PLLC has recovered millions of dollars in compensation for our clients. Following a distracted driving crash that may have been caused by someone else, speak with a car accident lawyer in Corpus Christi from our team. From here, we may be able to help you with a personal injury lawsuit. To find out more, schedule a free case consultation.
Why You Should Move Forward with a Distracted Driving Case in Corpus Christi, TX
How you handle an accident involving a driver who may have been distracted can have far-reaching effects. Ultimately, it may be beneficial to proceed with an insurance claim after the incident. From here, your insurance company may investigate with the insurer of the other driver. If this driver may be liable, their insurance company may cover your accident losses.
Your distracted driving attorney in Corpus Christi can guide you through the insurance claims process. They can keep you updated about the status of your claim’s investigation. Plus, they can communicate with insurance companies for you. This may help you avoid saying anything that indicates to insurers that you may be liable for your auto accident.
If you are on the lookout for a personal injury lawyer in Corpus Christi to help you with your distracted driving collision claim, discuss your case with the team at Carrigan & Anderson, PLLC. We may get you a fair insurance settlement that encompasses your tangible and intangible auto accident losses. To learn more, request a free case consultation.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
When to Sue a Distracted Driver
Unfortunately, distracted driving accident claims can be tricky. Even if a motorist may have engaged in distracted driving, their insurance company could delay or deny your claim. The business may also offer a settlement worth less than what you’ve incurred in losses.
Your Corpus Christi distracted driving lawyer can provide you with FAQs and other resources regarding insurance claims. If you go through the claims process and don’t get a settlement that you feel is sufficient, your lawyer may start to prepare your case for trial.
Per Texas Civil Practices and Remedies Code § 16.003, in most instances, you may have up to two years from the date that you’re injured due to another party’s actions to sue. Thus, if you want to file a lawsuit for a distracted driving collision, you may have a maximum of two years from the day of this incident to do so.
Corpus Christi Distracted Driving Lawyer Near Me 361-884-4433
Compensation That You Could Get in Your Distracted Driving Accident Case
Your car accident attorney can give you details about economic and non-economic damages relative to your distracted driving accident case. They may help you seek compensatory damages for your quantifiable and subjective accident losses. Reasons a judge or jury may award damages include:
- Medical expenses
- Pain and suffering
- Loss of income
- Diminished earning capacity
- Car repair costs
- Burial and funeral expenses if you lose a family member in a fatal distracted driving accident
As you assess your losses, it’s important to note that Texas is not a no-fault state for car accidents. Because of this, your insurance company may not compensate you for your accident with a distracted driver. Rather, you may have to proceed with a claim or lawsuit if you want to be compensated for your losses.
Representing the injured in all areas of Texas that extends back over 40 years
How to Prove Negligence in Your Distracted Driving Collision Case
You may worry that you’ll get a settlement that doesn’t cover your medical bills or other losses from your distracted driving collision. Thankfully, your personal injury attorney may build an argument centered on negligence. They may use this argument during trial to make it clear to a judge or jury why your damages request is warranted.
To show negligence, your lawyer may present witness statements, traffic camera footage of your auto accident, a motorist’s cell phone records, and other proof to the court. Your attorney’s collection of evidence may illustrate that the other driver involved in your accident may have been distracted, which could have contributed to the incident and your losses.
Expect the other motorist to contest your case. This individual may argue that you are partially to blame for your auto accident. If their argument resonates with a judge or jury, you may recover partial damages or none at all.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
How Modified Comparative Negligence Can Determine the Outcome of Your Distracted Driving Accident Case
According to Texas Civil Practice and Remedies Code § 33.001, you may be subject to modified comparative negligence if you file a lawsuit against a distracted motorist. Based on this, your percentage of fault for your auto accident may dictate your damages.
Due to modified comparative negligence, if you sue someone for a distracted driving accident and are found to be 1-50% liable, your damages may be reduced by your percentage of fault. For example, the court rules that you’re 20% to blame for your accident with a distracted driver. In this situation, you may be awarded 80% of the damages that you originally sought.
Outside of this, you may be barred from recovering damages if you file a lawsuit for a distracted driving collision and are found to be primarily responsible. Therefore, your lawyer may explore many legal avenues as they try to put together an argument that highlights to a judge or jury that you should not be held liable for your accident.
Whatever Your Situation, We Are Here for You
At Carrigan & Anderson, PLLC, we value transparency from start to finish. Our Corpus Christi distracted driving attorney may commit time and resources to help you prove that your insurance claim or personal injury lawsuit is valid.
Along with this, we work on contingency and back our legal services with a no-win, no-fee guarantee. Contact us today for more information.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
