Distracted Driver Accidents

El Paso lawyers helping victims of texting-while-driving accidents

Distracted drivers who text or talk on their cell phone while driving are putting other drivers at risk for a car accident. Even if a person looks away for less than a second to text on their phone or reach for something in their car, they can cause a rear-end collision. Some experts equate talking on the cell phone and driving to drunk driving. The careless driving and negligence of distracted drivers has even become illegal in some states. In Texas, recent legislation has been passed making it now illegal to text and drive. Reckless driving not only causes minor car accidents but serious and even fatal accidents. If you have been injured in an accident with a distracted driver, an El Paso distracted driver accident lawyer at Forbes & Forbes can help.

Effective Representation in El Paso Since 1971

At Forbes & Forbes we have been helping car, motorcycle, bicycle and truck accident victims since 1971. The attorneys at our firm have more than 50 years of combined experience. If you are the victim of a distracted driver accident, you should not have to suffer due to the careless and negligence of someone else. Whether you were involved in a minor or serious car accident due to a driver texting, talking on their cell phone or not paying attention to the road, you should seek compensation for any damages or pain and suffering you have endured from an attorney specializing in personal injury.

Minor Distracted Driver Accidents in El Paso

Even the accidents that do not result in catastrophic injuries still place a financial burden on distracted driver accident victims. You may be having a dispute with your insurance company. We can handle any legal matters that may have arisen from your accident.

Catastrophic and Fatal Motor Vehicle Accidents in El Paso

We represent individuals and families throughout New Mexico and Texas in personal injury or wrongful death lawsuits on behalf of a deceased family member, due to negligent driving of a distracted driver.

Distracted driver accidents can also result in serious, catastrophic and life-changing injuries. These injuries affect the rest of a victim’s life as well as the family of the victim and can include:

  • Head and brain trauma
  • Permanent disabilities
  • Paralysis
  • Spinal cord injuries
  • Paraplegia and quadriplegia
  • Death

When Can I File a Distracted Driving Accident Lawsuit?

Texas Law does not allow a driver to receive or write electronic messages while operating a motor vehicle. In addition, many cities in Texas – including El Paso – have passed ordinances that prohibit talking on the phone while driving. These laws can make it easier to prove negligence when filing against a distracted driver for a motor vehicle accident under a negligence per se theory.

Typically, to win a personal injury lawsuit, you must prove that the at-fault driver was negligent in some way. The negligence per se rule effectively removes this requirement. If you can show that the at-fault driver (1) violated a law (2) that was designed to protect public safety and (3) caused an accident as a result, then you have met the burden of proving negligence. 

In the case of an El Paso distracted driving accident, if you can demonstrate that the other driver was using their cell phone while driving – in violation of Texas and/or local law – then you can recover financial compensation for your losses. You will not need to go through the additional steps that are typically involved in a personal injury lawsuit, which can make it a much easier case to prove.

Of course, many insurance companies will fight back against a claim of negligence per se in a distracted driving accident. They may argue that their insured wasn’t using their phone when the crash occurred, or that the phone use wasn’t the actual cause of the accident. A skilled El Paso car accident lawyer will develop evidence that proves that the at-fault driver was on their phone when the crash occurred and that their illegal phone use was the cause of the wreck. 

Your lawyer will also put together evidence to support a standard negligence claim to ensure that you get the money that you deserve for your injuries. Through careful investigation of the accident, a review of police reports, medical records, other relevant documents, and witness interviews, your legal team will work to prove that the other driver was responsible for the crash. At the same time, they will research case law to develop strong legal arguments to  support your claim for financial compensation.

How Forbes & Forbes Can Help

Being in a motor vehicle accident can be frightening and overwhelming. In the aftermath, you may be too busy dealing with car repairs, doctor’s appointments, and therapy to even think about filing a lawsuit. But if a distracted driver caused your crash, then you may be entitled to financial compensation for all of your losses, including property damage, lost wages, reduced earning capacity, medical expenses, pain and suffering, and more.

At Forbes & Forbes, we are fierce advocates for injury victims in El Paso and the surrounding areas. We will work hard to help you recover top dollar for your injuries, and we will never charge a fee in a car accident case unless we recover money for you. To learn more or to schedule a free initial consultation with an El Paso distracted driving accident lawyer, give us a call at 915-533-5441 or fill out our online contact form.

How Much Is My Distracted Driving Accident Case Worth?

It depends. The value of any personal injury claim is based on several factors, including the severity of your injuries and whether you will make a full recovery or suffer a permanent disability. Other factors also come into play, such as the limits of the at-fault driver’s insurance policy. 

During a free initial consultation, an El Paso distracted driving accident attorney will give you  information to determine the value of your case. This number may increase or decrease as the case proceeds, based on the evidence that is uncovered. To learn more, schedule a free consultation with Forbes & Forbes.

Do I Really Need a Lawyer for a Distracted Driving Crash If the Insurance Company Accepts Fault?

If you suffered anything more than property damage in the collision, then you should absolutely hire a distracted driving attorney to represent you. The reason why is simple: insurance companies are in business to make money. Their goal isn’t to make sure that you get maximum compensation or even enough money to cover your losses – they want to resolve the claim for as little money as possible.

A lawyer will put together a case for full compensation, taking into account your current bills as well as future expenses (such as ongoing medical treatment). They will also seek compensation for intangible losses, like emotional distress and loss of enjoyment of life. In El Paso, call Forbes & Forbes today to schedule a no-cost, no-obligation consultation with an experienced car accident lawyer.

How Can I Afford to Hire a Lawyer to Handle My Distracted Driving Accident Claim?

Personal injury claims are typically handled on a contingency fee basis. This means that you don’t pay anything upfront to hire a lawyer. Instead, the attorney’s fee will be a percentage of your total recovery through settlement or verdict at trial. If you don’t get a recovery, then you won’t pay an attorney’s fee.

Contingency fee arrangements ensure that you can still hire an El Paso distracted driving lawyer even if you don’t have spare cash to pay an hourly fee. At Forbes & Forbes, we handle all personal injury cases on contingency. Reach out today to schedule a free consultation with a member of our legal team.

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