Distracted driving is one of the deadliest roadway risks in Texas. Drivers that negligently fail to pay attention to the road are more likely to cause serious auto accidents than prudent drivers. Texting and driving is often behind car crashes in Plano and throughout the Dallas-Fort Worth Metroplex. In 2018 alone, 398 Texans died in car accidents involving distracted driving, according to the Texas Department of Transportation
If a texting driver caused your recent car accident in Plano, he or she may lawfully have to pay for your damages. Obtaining fair compensation from an insurance company, however, can be difficult. The lawyers at the Law Firm of Aaron A. Herbert, P.C. can help you demand full payment for your economic and noneconomic losses. Start with a free confidential case evaluation by calling (214) 200-4878 now.
Why Clients Hire Us
- We have spent decades helping clients with personal injury cases.
- We have a lead attorney Board Certified in Personal Injury Trial Law.
- We can take your distracted driving crash case to court if necessary.
- We create lasting relationships with our clients through exceptional legal services.
- We advocate for victims of texting and driving accidents on a contingency fee basis.
How a Plano Car Accident Lawyer Can Help
Holding a distracted driver responsible for your losses may take proving his or her fault to an insurance company, judge or jury. A lawyer can help with this process. An attorney can return to the scene of the auto accident, collect evidence, request copies of the other driver’s cellphone records, study police reports and take over negotiations with the defendant. A lawyer can also make sure you do not accept a lowball settlement offer from the at-fault driver’s insurance company. Your attorney will fight for maximum financial recovery on your behalf.
How to Prove Negligence
Texas uses a tort-based car insurance law to handle crash claims. Under this insurance system, you or your lawyer must prove the other driver’s fault for your car accident before you can recover compensation. Proving fault typically takes showing evidence of four main elements.
- The driver owed you a duty of care, such as the duties to obey Texas’ texting and driving laws and drive prudently.
- The driver breached his or her duty of care, such as by carelessly reading, writing or sending text messages while driving.
- Your car accident occurred because the other driver was texting and driving or otherwise breaching a duty of care to you.
- The distracted driving accident gave you compensable damages, such as physical injuries, emotional anguish, lost income or property damages.
Hiring an attorney from the Law Firm of Aaron A. Herbert, P.C. can help you prove negligence and obtain a fair amount from the at-fault party in Plano. We can resolve most cases at the insurance settlement stage. Our texting and driving accident lawyers also know how to present cases before a judge or jury if your claim needs to proceed to court.
Statute of Limitations on Car Accident Claims
You do not have an unlimited amount of time to bring a claim based on texting and driving in Texas. The statute of limitations gives you two years from the date your crash happened to file a claim, in most cases. You will have two years from the date of death if you mean to file a wrongful death claim. Collin County civil courts take the statute of limitations seriously. If you miss this time limit, you will most likely forfeit any compensation you otherwise might have won. Speak to Aaron A. Herbert about your distracted driving accident as soon as possible to ensure you meet the deadline.
Contact a Plano Texting and Driving Accident Attorney Today
Drivers in Plano, Texas often do not take their duties seriously. They engage in dangerous and illegal behaviors behind the wheel such as texting and driving. When a negligent or reckless driver causes a car crash, the attorneys at the Law Firm of Aaron A. Herbert, P.C. step in to help. Please contact us
after a texting and driving accident anywhere in Texas for a free case review. The distracted driver may owe you compensation.