Texting while driving is against the law – and for good reason. Drivers distracted with their phones are far likelier to crash than drivers who focus on the road.

When an irresponsible driver injures someone else, they are liable to compensate them. If you have been hurt in texting while driving car accidents in Lubbock, you could hold the negligent driver responsible for your lost wages, property damage, medical expenses, and other losses.

If possible, reach out to a knowledgeable car accident attorney immediately after a crash. Chad Jones Law could help you file your claim against the texting driver, negotiate with their insurance company, and, if necessary, file suit against them.

Distracted Driving is Negligent

Breaking a law that was meant to ensure safety is evidence of negligence, and this state follows the traditional rule that the driver at fault for a wreck pays the damages if anyone suffered injuries because of it.

Texas Transportation Code § 545.4251 prohibits a driver from using a handheld electronic device to read, write, or send or receive messages while operating a vehicle. If a Lubbock driver was violating the law when a car crash took place, they could be found at fault if the police issued a citation for texting while driving.

Even if the driver did not receive a citation, a qualified attorney could investigate to find evidence the driver was texting. Such evidence may include driver admissions, witness reports, dash cam footage, and surveillance video. If necessary, the legal professional could even subpoena the driver’s cell phone records to determine that they were texting while driving.

Process For Holding the At-Fault Driver Liable

When someone sustains injuries in a crash that was not their fault, they could file a claim with the at-fault driver’s insurance carrier. If the injured party carries optional personal injury protection (PIP), they typically must exhaust that coverage before pursuing the at-fault driver for damages. However, low PIP limits and high healthcare costs usually mean that all but the most minor injuries could exhaust PIP.

A Lubbock attorney could send the at-fault driver’s insurance company a demand letter, notifying them of the injured party’s plan to seek restitution for their texting while driving car wreck. The demand letter includes information about the accident and details of the claimant’s injuries. In most cases, the insurance company will respond with an offer that will be the starting point for negotiations.

The parties often settle before the injured person files suit. However, if the negotiations do not progress, or the insurance company is not negotiating in good faith, a lawyer could file a lawsuit seeking appropriate damages. A legal filing often spurs the insurer to make a more reasonable offer to avoid the possibility of a trial.

Calculating Damages After a Crash

People who suffer injuries in car wrecks are entitled to monetary damages to compensate for the losses they suffered. Many accident victims undervalue their damages, and insurance companies for at-fault drivers take advantage. Working with a Lubbock attorney helps ensure that a texting while driving accident victim properly values their damages and receives the compensation they deserve.

For example, an injured party is entitled to reimbursement for their medical expenses. However, many people do not count incidental expenses like mileage to drive to appointments, parking fees, meals, babysitters, and other expenses associated with seeking and receiving treatment. Similarly, someone might ask for reimbursement for lost wages but not include the value of the sick days or vacation time they used while recovering.

People who suffer injuries in car crashes also can receive damages for their inconvenience, humiliation, physical pain, disability, and other adverse impacts on their quality of life. An attorney is best positioned to estimate the monetary value of such losses in a specific case.

Trust a Lubbock Attorney to Handle Your Texting While Driving Injury Claim

The car accident claims process in Texas is complex, and many accident victims do not receive appropriate compensation for their injuries. For victims of texting while driving accidents in Lubbock, working with Chad Jones Law is the best way to ensure no money is left on the table.

Do not assume an insurance company will treat you fairly. Call us today to get help with your car accident claim.