Distracted Driving Lawyer in McAllen
Aggressive Representation for Injured Drivers
Distracted driving is one of the most frequent causes of car accidents in Texas. If you have been injured in a collision caused by a driver whose attention was diverted away from the road, you could be entitled to significant compensation. At The Leah Wise Law Firm, our Edinburg distracted driving attorney has the necessary knowledge and skills to help you fight for the money you are owed. We have years of experience and a proven track record of recovering high-value settlements for our clients.
What Counts as Distracted Driving?
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving involves a driver’s attention being diverted from the safe operation of a vehicle. In the broadest sense, engaging in any activity that isn’t driving can count as a form of distracted driving.
There are numerous types of distractions, which fall under three categories:
- Visual distractions – When a driver’s eyes are focused on an object other than the road or vehicle
- Manual distractions – Any activity that requires a driver’s hands to be removed from the steering wheel
- Cognitive distractions – When a driver’s thoughts are sidetracked, thinking about something other than driving
Some specific examples of distracted driving include:
- Talking on the phone
- Adjusting vehicle controls
- Tuning the radio
- Eating or drinking
- Using a GPS
- Browsing the internet
- Reading or responding to emails
- Applying makeup
- Talking with other passengers
Proving Negligence in a Distracted Driving Claim
In Texas, all personal injury claims are governed by a modified comparative fault system. Under modified comparative fault laws, you must be less than 50% at fault to file a claim against a distracted driver. Your percentage of fault will also impact how much money you can recover. For example, if you were 25% at fault, a damage award of $100,000 will be reduced to $75,000.
The burden of proof always falls on the person filing the claim. In order to recover compensation for your losses, you will need to prove the other person’s negligence caused the accident.
To prove negligence in a distracted driver case, you must show:
- The driver owed you a duty of care to safely operate their vehicle
- The driver failed to fulfill this duty
- You sustained a verifiable injury as a result of the accident
- The driver’s negligent actions directly caused your injuries
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Proving the negligence of a distracted driver can be challenging, especially without the help of a knowledgeable attorney. When you work with The Leah Wise Law Firm, our McAllen distracted driving lawyer can work to minimize your percentage of fault to maximize your recovery. Whether through negotiations or in the courtroom, we’re determined to get the results you deserve.
If you or a loved one has been injured by a distracted driver, call (956) 232-2349 for help getting the compensation you need to rebuild your life.
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