Distracted driving is one of the most common causes of motor vehicle accidents. When a driver takes their eyes away from the road to read a text message or do anything other than focus on driving, the car continues moving at the same speed. The only difference is that no one is watching for a pedestrian crossing the road, a car changing lanes ahead, or a light turning red.
It’s easy to see why distracted driving causes so many auto accidents. If you were hurt in a car accident caused by a distracted driver, you don’t have to deal with all those medical bills and other expenses by yourself. The driver at fault for your accident is liable for your injuries and should be held accountable for their careless actions.
Burch Law Firm is a personal injury firm serving San Marcos, Texas. We help people just like you who want to pursue compensation for the injuries they’ve suffered. If you were injured in a distracted driving accident, contact a San Marcos car accident attorney at Burch Law Firm immediately.
How a Car Accident Lawyer in San Marcos Can Help After a Distracted Driving Accident
According to the Texas Department of Transportation, distracted driving causes one out of every six motor vehicle crashes in Texas. Nearly 2,800 people were injured by distracted drivers in Texas in one recent year, and nearly 400 died.
A San Marcos distracted driving car accident lawyer can help you in several ways, including:
- Reviewing the police report, your medical records, and any video of what happened
- Taking statements from eyewitnesses
- Discussing your medical situation with experts who can testify if necessary
- Demanding compensation from the insurance company
- Negotiating a reasonable settlement
- Taking the case to court if the insurance company won’t offer you a fair settlement
Contact us today to speak to an experienced attorney for your free case review.
Common Types of Driver Distractions in San Marcos Car Accidents
Texting is a common distraction in San Marcos car accidents, but it isn’t the only one. According to the Texas Department of Transportation, common distractions responsible for car accidents in San Marcos, Texas, include:
- Texting
- Talking on a cell phone
- Putting on makeup
- Shaving
- Programming the navigation system
- Eating and drinking
- Watching a video
- Reading
- Having a conversation with a passenger
- Adjusting the car radio
The driver must always pay full attention to the road while operating a motor vehicle. Anything that takes your attention away from the road can cause an accident. The Texas DoT advises drivers to pull off the road to attend to any other task needing attention.
The Dangers of Texting While Driving
Distracted driving caused over 94,000 car crashes in Texas in one recent year, according to the DoT. San Marcos distracted driver accidents are often caused by texting while driving. Texting while driving is illegal throughout Texas. Violating this law is a misdemeanor.
According to the National Highway Traffic Safety Administration, reading a text takes your eyes off the road for as much as five seconds. At 55 mph, your car will travel the length of a football field in this time. If someone wouldn’t want to drive across a football field at 55mph with their eyes closed, they should never read a text while driving a car.
Steps to Take After Being Injured by a Distracted Driver in San Marcos
After being injured by a distracted driver in San Marcos, Texas, these are the steps you should take:
- If possible, move your car out of traffic.
- Call 911.
- Exchange information with the other driver without commenting on who was at fault for the accident.
- Take photos of the accident scene, your injuries, and vehicle damage.
- Get contact info from any eyewitnesses.
- Get medical attention immediately.
Contact a car accident attorney as soon as possible to discuss your legal rights and options during a free consultation.
Who’s Liable in a Distracted Driving Accident?
In a distracted driving accident, the distracted driver is typically liable for any injuries they caused. When driving a motor vehicle, you’re responsible for driving safely without endangering other people on the road. A driver who texts or drives while otherwise distracted is not living up to this responsibility. Driving while distracted is negligence, which makes distracted drivers liable in a personal injury case.
When you file a personal injury claim against the driver who caused your injuries, you have the right to demand compensation for:
- Your medical expenses, including your existing medical bills and any future expenses your treatment will require
- Your lost wages from missed time at work and any other loss to your income, including promotions and raises you may no longer be able to receive
- Costs to repair or replace your damaged vehicle
- Your pain and suffering
The at-fault driver’s insurance company is responsible for paying your damages, but as a for-profit company, they will not want to pay any more than they have to. You should expect them to try to deny your claim, minimize your injuries, or offer you a lowball settlement that won’t cover your losses. A distracted driving accident lawyer will know how to make them take your personal injury claim seriously.
Contact an Experienced Personal Injury Lawyer in San Marcos for Legal Assistance
If you were hurt by a distracted driver in San Marcos, Texas, an experienced personal injury lawyer can help you pursue compensation from the at-fault driver’s insurance company. Burch Law Firm offers personalized service to every client. When you call us, you’ll be talking directly with an attorney with deep ties to the local community.
Attorney Troy D. Burch Jr. has practiced law in New Braunfels since 1990, representing residents of New Braunfels and surrounding Central Texas communities like San Marcos. Troy graduated with high honors from Texas Christian University and Baylor Law School. Attorney Travis Steel is the son of a local district judge and a graduate of the University of Texas.
Unlike many big city law firms, we believe that every client has the right to work directly with their lawyer right from the beginning of their case. If you’ve been injured by a distracted driver in San Marcos, Texas, contact Burch Law Firm for a free consultation today.
