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(281) 587-1111
(281) 587-1111
(281) 587-1111
As top car accident attorneys in Houston, we’ve helped countless injury victims find justice and can help you, too. If you suffered serious losses in an accident caused by a distracted driver, you may be eligible to pursue compensation. Schedule a free consultation to learn more. Call (281) 587-1111.
Take cell phones, for example. In some contexts, receiving a phone call can be a life-saving event. However, taking a phone call can endanger your safety in situations that demand your full attention. Keeping a proper lookout is vital when driving. When drivers choose to multi-task from behind the wheel—regardless of whether cell phones are involved—they put themselves and others at increased risk for serious injury and death.
Distracted driving caused more than 3,500 deaths in 2021 alone, according to the National Highway Traffic Safety Administration (NHTSA). And worse, the trend of distracted drivers is on the rise.
For victims of distracted driving accidents, the consequences can be disastrous. They often suffer injuries that require emergency medical treatment, expensive therapies, and work sabbaticals. They may even sustain permanent disabilities or be unable to return to work altogether—consequences that most people can’t afford. The financial burden of medical bills can contribute to anxiety and strain relationships, showing the importance of getting legal help.
Luckily, car accident victims do have recourse. Working with a skilled distracted driving accident lawyer can help injury victims get the compensation they deserve to recover. Our car accident lawyer in Houston will explain how you can get money for your injuries from a car accident and how they can help.
After the consultation, our legal team will work to ensure the distracted driver is held accountable. We will work hard to make sure they are held liable for their actions. You will not pay a dime unless we win your case. Here’s the bottom line: If you didn’t cause the accident, you shouldn’t be footing the bill for your recovery.
The trusted legal professionals at Baumgartner Law Firm can help you explore your options for compensation. Call our personal injury law office at (281) 587-1111 to get started. We work on a contingency fee basis. If we can’t settle your case for a fair amount, we will file your lawsuit.
Practically all personal injury lawyers handle distracted driving cases, but not at the same level. We are experienced car accident lawyers in Houston who can help you get the most compensation for your case.
The Baumgartner Law Firm is located in Houston, Texas. They have over 35 years of experience assisting injury victims. The firm is a trusted name in the industry. Our firm was founded in 1985 by Houston lawyer Greg Baumgartner. Our goal is to provide top-notch legal assistance to accident victims who have been injured.
We don’t just win—we win big. Our hard work has led to many big wins for our clients, making us a highly-rated law firm in Houston. Baumgartner Law Firm is the best choice for your personal injury needs. They have a strong record of success and are dedicated to their clients.
Keep reading to learn about distracted driving accidents in Houston and how we’ll work to secure your maximum compensation.
Every day in the U.S., nine people are killed in accidents involving distracted driving, according to the Centers for Disease Control and Prevention (CDC). Despite its prevalence and impact on public health, most people don’t think twice about engaging in distracted driving.
Driver distraction is a significant cause of car accidents, emphasizing its preventable nature through the avoidance of common distractions. Understanding the nature of this dangerous behavior can help you avoid a potentially lethal accident.
Most people assume that distracted driving always involves cell phones, but that’s false. Distracted driving accidents often involve cell phone use, like texting. However, any activity that takes a driver’s focus away from the road can be considered distracted driving. Distracted driving means an activity that causes someone to fail to maintain a proper lookout.
Driving distractions typically fall into one of three main categories: visual, manual, or cognitive. There are three types of distractions while driving. Visual distractions occur when you look away from the road. Manual distractions happen when you take your hands off the steering wheel. Cognitive distractions occur when you lose focus on driving.
Here are a few of the ways in which these distractions can manifest:
Although the above-listed activities play a disproportionate role in distracting driving accidents, they aren’t the only activities that can cause wrecks. Ultimately, drivers should avoid engaging in anything that doesn’t directly pertain to safely operating their vehicles.
Distracted driving is a problem for people of all ages and backgrounds, not just young people. It is dangerous behavior. However, the data does suggest that young adult and teen drivers may be especially prone to multi-tasking from behind the wheel.
Research compiled by the CDC reveals a number of insights about young drivers and distractibility. Here are some of those findings:
Not all accidents are preventable. In many instances, drivers are involved in crashes that have nothing to do with them. Distracted driving is caused by recklessness, not external factors. More education is necessary to inform young drivers about the dangers of being distracted while driving. Our law firm specializes in Houston distracted driving accident cases, providing expert consultations and legal services to those affected.
Baumgartner Law Firm has numerous settlements of more than one million. Here are some recent results from car accident cases involving suspected distracted driving:
Car accident victims have the right to seek compensation for their accident-related injuries. Car accidents caused by distracted driving can have severe impacts, leading to various types of injuries and legal implications. In most cases, these injury victims have two options: trying to secure a settlement from the insurance company or pursuing a car accident lawsuit.
Although filing a claim with an insurer seems like the easier route to many people, it isn’t always easy to get a fair settlement. That’s because, at the end of the day, insurance companies are businesses: They live and die by the bottom line. Their goal is to pay out as little in settlements as possible, which means the odds are stacked against you from the start.
However, insurance companies also fear litigation. The only thing worse for an adjuster than paying out a large settlement is being taken to court and forced to fork over even more money, which is why you should partner with an experienced lawyer from the get-go. A skilled car accident attorney can negotiate with an insurer on your behalf and make real the threat of litigation, making it much more likely that your adjuster issues a fair settlement.
In some situations, an insurance company is unwilling to compensate you fairly. However, that doesn’t mean you’re out of options. With help from a trusted car accident attorney, you can file a distracted driving lawsuit against the at-fault party or parties and potentially win a much higher settlement award.
Filing a lawsuit may seem difficult, but it is usually easier than expected. This is especially true when you have a good attorney to help you. In fact, most car accident lawsuits are settled outside of court, which means it’s unlikely you’ll even see the inside of the courtroom.
After you partner with a Houston distracted driving attorney, they will begin by investigating the details of your case. This may involve visiting the accident scene, requesting a copy of the police report, reviewing documentation, pictures, and other types of evidence, and interviewing witnesses, bystanders, and other parties involved.
A qualified auto accident injury lawyer will also fully account for your damages. In Texas, personal injury lawyers divide damages into two categories: economic damages and non-economic damages. By adding up all your losses, they can figure out how much money you should get and help you get the most compensation. If the at-fault party or insurer refuses to compensate you fairly, your attorney will prepare your case for trial.
Plaintiffs in civil lawsuits are commonly awarded compensatory damages. These damages are meant to compensate you for various losses. Both economic and non-economic damages are available in Texas.
Key categories of damages available to victims of distracted driving accidents:
Pain and suffering damages compensate for the physical discomfort, chronic pain, and enduring hardship resulting from an injury. This type of compensation considers the severity of the injury, the impact on daily life, and the lasting consequences that limit personal and professional activities.
Medical expenses form a substantial portion of most personal injury claims. These include costs for immediate care, emergency room visits, surgeries, medications, and follow-up appointments. Future medical costs are also considered for ongoing treatment needs, such as physical therapy, surgeries, or specialized care.
Mental anguish addresses the psychological impact of an injury, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions arising from the trauma of an accident. Compensation reflects the distress caused by adapting to an altered life and managing mental health challenges.
For individuals whose injuries have limited their ability to work or advance in their careers, damages for diminished earning capacity may be claimed. This compensation accounts for potential career setbacks, missed promotions, or future income loss due to long-term or permanent disability.
Damages for disability aim to compensate for the life-altering impact of partial or total disability. This includes the immediate effects and the long-term limitations that reduce an individual’s ability to lead an independent life, perform job duties, or engage in previous hobbies and activities.
The loss of enjoyment of life refers to the diminished enjoyment of life’s pleasures due to injury. This category compensates for reduced ability to partake in hobbies, personal relationships, and social activities, acknowledging the impact on an individual’s overall well-being and fulfillment.
Property Damage
Property damage reimbursement covers repair or replacement costs for any personal property damaged in the incident, such as vehicles in car accidents or personal items affected by the event. Proper documentation ensures full compensation for these losses.
Out-of-Pocket Expenses
Out-of-pocket expenses cover additional costs directly associated with the injury, such as transportation to medical appointments, assistive devices (e.g., wheelchairs, braces), and home modifications. This type of damage ensures that the injured party isn’t burdened with these necessary but unexpected expenses.
Rehabilitation and therapy costs encompass physical therapy, occupational therapy, and any specialized rehabilitation needed for recovery. These services aid in restoring mobility, improving functionality, and helping the injured party regain independence.
Loss of consortium compensates spouses or close family members who suffer due to the loss of companionship, support, and intimacy after a serious injury. This damage recognizes an injury’s strain on personal relationships and family dynamics.
Emotional distress damages focus on the psychological impact beyond physical pain, covering conditions such as grief, anxiety, shock, and difficulty coping with traumatic events. This category relieves the unseen effects of an injury on mental well-being.
Lost wages compensate for income lost during recovery, covering missed work and recovery time periods. This damage calculation often includes past missed earnings and, in some cases, lost benefits that would have accrued during employment.
Punitive Damages
Punitive or exemplary damages are awarded only in cases of extreme negligence or misconduct by the at-fault party. These damages are intended to punish egregious behavior and deter similar actions in the future. However, punitive damages are rarely awarded, and in Texas, “clear and convincing evidence” is required that the at-fault party acted recklessly or maliciously. An example of when punitive damages may be appropriate is an accident caused by a drunk driver.
When a driver has signs of lagging or appears to respond slowly, it often suggests they are distracted. Research indicates that distractions while driving can significantly decrease the focus dedicated to driving—by as much as 37%. Therefore, when drivers have delayed reactions, their focus is not solely on driving but is divided between driving and other distractions.
Traffic law violations often indicate that a driver may be distracted. When drivers overlook or disobey traffic signs such as stop signs or red lights, it suggests that their attention is not fully focused on driving.
It’s easy to schedule a free case evaluation with Baumgartner law firm. Call us at 281-587-1111 or fill out the consultation form on this page. We offer free, no-obligation consultations for injury cases only.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
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