Were you injured by a distracted driver in Dallas, Texas? A driver who takes their eyes off the road can cause serious, life-altering harm and cost you medical expenses and pain and suffering.
A Dallas distracted driving accident lawyer at Trujillo Gonzalez, P.C. can help you hold the driver accountable.
Contact our Dallas office at (972) 550-6818 for a free consultation.
Why Choose Trujillo Gonzalez, P.C. After a Distracted Driving Accident in Dallas, TX?
Distracted driving cases require more than a police report. These claims often come down to proving what the other driver was actually doing behind the wheel. An experienced Dallas car accident lawyer knows how to find the evidence — phone records, app data, and vehicle data — and use it to show the driver was not paying attention before your crash.
Drivers throughout Dallas, TX, trust our firm because:
- No upfront costs, and no fee at all unless we win your case
- We’ve been honored by Texas Lawyer Magazine and the Million Dollar and Multi-Million Dollar Advocates Forum (among others) for our work.
- We have over seven decades of combined experience handling serious car accident claims throughout the state
- Our attorneys have taken over 300 trials and arbitrations to verdict, giving us unparalleled trial experience
- We’ve secured over $275 million in personal injury awards for clients who needed it most
Call today to schedule a free consultation with a Dallas distracted driving accident attorney who knows how to build your case.
What Counts as Distracted Driving Under Texas Law?
Texas Transportation Code Section 545.4251 makes it illegal to read, write, or send an electronic message while operating a moving vehicle. This covers texts, emails, and other messaging, but notably does not ban simply talking on a handheld phone for most adult drivers.
Dallas has its own hands-free ordinance that prohibits using a handheld device to talk, text, or take photos while driving anywhere within city limits, regardless of what state law otherwise permits. Violating the local ordinance can bring fines ranging from $100 to $500.
Drivers under 18 cannot use any wireless device while driving. Handheld device use is also banned in active school zones, and school bus drivers cannot use a phone at all while children are on board.
Distraction isn’t limited to phones. It may include eating, adjusting a navigation system, reaching for something in the back seat, or simply daydreaming. Distracted driving encompasses anything that takes a driver’s attention off the road long enough to cause a serious crash.
What Injuries Are Common in Distracted Driving Accidents?
A distracted driver often has minimal time to react before a collision, since their attention was on something other than the road. Delayed reactions frequently mean higher-speed impacts (less time to brake) and more severe injuries.
Victims of Dallas distracted driving accidents often suffer:
- Broken bones and orthopedic trauma
- Neck and back injuries, including whiplash
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage
- Permanent disability/disfigurement
- Wrongful death
If you suffered these or other injuries in a distracted driving collision, you could be eligible to file a car accident claim against the driver. Since Texas is an at-fault state for car insurance and accidents, the distracted driver (or their insurer) will be responsible for your losses after the accident.
What Compensation Is Available After a Distracted Driving Accident in Texas?
Both economic and non-economic damages may be available after a distracted driving crash. Together, these should address your financial and personal losses triggered by the collision.
Depending on the severity of your injuries, your claim may include compensation for:
- Emergency treatment and hospitalization following your accident
- Other ongoing medical care
- Lost income for time missed while you recovered
- Reduced future earning capacity if your injuries limit the work you can do
- Property damage to your vehicle and other personal belongings
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of activities
Distracted driving cases often come with significant damages given the speeds and lack of braking opportunity involved in such crashes. An experienced attorney can help you document every loss you’ve experienced and bring in experts, when necessary, to show how the accident will affect your health long-term.
Can I Recover Compensation if I’m Partially at Fault?
Texas uses what’s known as the 51% bar rule, a version of modified comparative negligence set out in Chapter 33 of the Texas Civil Practice and Remedies Code. If you are at or below 50% fault, you can still collect damages, adjusted to reflect your share of the blame. If your level of fault reaches 51% or higher, you cannot recover any compensation (because you are mostly at fault.
A distracted driving violation, whether under the statewide texting ban or a local hands-free ordinance, can serve as strong evidence of negligence in your favor, making it considerably harder for the at-fault driver’s insurer to successfully shift blame onto you.
How Long Do I Have to File a Distracted Driving Lawsuit in Texas?
Under state law, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this two-year deadline will typically eliminate your right to pursue compensation through the legal system, so it is important to speak with an attorney as soon as possible after your crash, while phone and vehicle data can still be preserved.
Contact a Dallas Distracted Driving Accident Lawyer for a Free Consultation
Distracted drivers must be held accountable when their inattention causes catastrophic injuries. They should bear the cost of your injuries — not you. Trujillo Gonzalez, P.C. has the experience and resources to help you get the right result in your case. Contact us today for a free consultation with a Dallas distracted driving accident attorney.
Visit Our Dallas Car Accident Law Office
Trujillo Gonzalez PC – Dallas
1111 W Mockingbird Ln #260,
Dallas, TX 75247, United States
Phone: (972) 550-6818
Open 24/7
