El Paso Distracted Driving Accident Lawyers

Distracted driving remains one of the most dangerous behaviors on Texas roads.  While smartphones are frequently associated with this, distractions take many forms. Sadly, these moments of inattention often have long-lasting consequences for those involved in the crash. Those injured in distracted driving accidents often face extensive medical care, time away from work, and difficult insurance negotiations. 

Our El Paso distracted driving accident lawyers at Flores Mendez Law provide trusted legal representation to individuals seeking accountability for preventable roadway conduct. Whether the distraction involved texting, grooming, or reaching for an object, proving fault requires careful analysis of the facts and applicable laws.

What Are the Most Common Forms of Distracted Driving?

Distracted driving refers to any activity that takes attention away from operating a vehicle. These distractions can be visual, manual, or cognitive, or a combination of all three. 

• Visual distractions involve taking eyes off the road, such as checking a phone or looking at a GPS screen. 
• Manual distractions involve removing one or both hands from the steering wheel, often to handle a drink, adjust the radio, or pick up an object. 
• Cognitive distractions involve mental focus being elsewhere, even if the driver’s eyes are on the road and hands on the wheel.

Although texting while driving is one of the most common examples, it is not the only cause of these crashes. Drivers may become distracted by passengers, roadside events, eating, applying makeup, or daydreaming. Any distraction, no matter how brief, may reduce the ability to react to traffic signals, changes in speed, or sudden stops. In many cases, a few seconds of inattention can result in a high-impact crash.

How Is Fault Determined in a Distracted Driving Accident?

Texas follows a modified comparative fault system when determining liability in personal injury cases. This means that an injured person may recover compensation as long as they are not more than 50 percent responsible for the accident. If a distracted driver caused the crash by failing to pay attention, their conduct may serve as the basis for legal responsibility.

Our El Paso distracted driving accident lawyers gather evidence from multiple sources when establishing liability. Cell phone records, dashcam footage, eyewitness statements, and accident reconstruction reports may all be used to show that the driver failed to give their full attention to the road. Traffic citations and police reports may also indicate distraction.  

What Types of Compensation May Be Available?

Depending on the circumstances, you may be entitled to compensation for several types of losses. Examples include payments for medical expenses, rehabilitation costs, and lost wages. If the injury interferes with long-term earning potential or quality of life, compensation may also address those damages. In certain cases, pain and suffering may be considered, depending on the facts and severity of the injuries.

The legal process for seeking compensation involves filing a claim against the at-fault party’s insurance provider. If a settlement cannot be reached, a lawsuit may be filed in civil court. It is important to act within the statute of limitations, which in Texas is generally two years from the date of the accident.  

What Role Does Distracted Driving Play in Insurance Claims?

Insurance companies conduct their own investigation into accident claims. When a claimant alleges that the other party was distracted, the insurer may attempt to dispute the cause of the crash. If the distraction is not clearly documented or if the insurer argues that both parties shared responsibility, the claim may be delayed or denied. It is important to provide thorough documentation and a consistent account of the events leading up to the collision.

Statements from first responders, phone data, and physical evidence from the accident scene can all contribute to a stronger claim; our El Paso distracted driving accident lawyers organize and present this information clearly, presenting claims with factual support in order to address challenges during the insurance process. 

Are There Laws in Texas That Address Distracted Driving?

Texas law prohibits the use of handheld devices to read, write, or send electronic messages while operating a motor vehicle. Certain municipalities have additional ordinances that may restrict broader cell phone use within city limits. Law enforcement officers may issue citations for observed violations, and these citations can be used as evidence in a legal case.

In some situations, distracted driving may also lead to criminal charges, particularly if the conduct results in serious injury or death. While criminal cases are handled separately from civil lawsuits, a conviction may be used as evidence in a personal injury case.  

How Long Does It Take To Resolve a Distracted Driving Case?

That depends on the severity of the injuries, the clarity of liability, and whether a settlement is reached outside of court. Some claims are resolved within a few months through negotiations, while others may take over a year if litigation is necessary. Delays may occur if there is a dispute over medical treatment, ongoing care, or the total amount of damages being claimed.

Our El Paso distracted driving accident lawyers facilitate communication between the involved parties and keep the process on track. We start collecting documentation as soon as possible after the incident, including medical records, witness contact information, and photographs from the scene. The more prepared a claim is before it is submitted, the better positioned it may be for resolution. 

What Should Be Done After a Distracted Driving Crash?

After a distracted driving collision, medical care should be the first priority. Even if injuries do not appear serious, some conditions may worsen over time without treatment. It is also important to obtain a police report and take photographs if possible. If the other driver appeared distracted or admitted to being inattentive, those details should be written down or reported to authorities.

Statements made at the scene may become important later in the legal process; insurance companies often rely on early documentation when determining who was responsible for the crash. Seeking legal guidance promptly – even before contacting your insurer – is often a wise move.

Our Skilled El Paso Distracted Driving Accident Lawyers at Flores Mendez Law Are Available for Free Legal Consultations

At Flores Mendez Law, our experienced El Paso distracted driving accident lawyers help clients establish fault, identify available damages, and handle insurance disputes. For a free consultation, call 915-308-9999 or complete our online form. Located in El Paso, Texas and Las Cruces, New Mexico, we serve clients in the surrounding areas.