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What to do if your Uber Crashes | Mesquite, TX

Getting injured in an accident is traumatic enough without having to deal with insurance claims, medical bills, lost wages, and figuring out your legal rights. If the accident happened while you were an Uber passenger, you may have even more questions about the process and who is responsible for your losses. As a Texas injury victim, it’s crucial you understand your options and take steps to protect yourself. This guide will walk you through the key actions to take after an Uber accident, with a focus on ensuring your safety, securing fair compensation, and restoring your peace of mind.

An Uber accident can turn your life upside down, but taking the first step towards justice is easier than you think. Our experienced Uber accident attorneys are here to help you navigate the legal process with ease and confidence. Call us at 972-682-9700 for a comprehensive legal consultation, or visit Oberg Law to learn more about how we can help you get the justice and compensation you’re entitled to. Take the first step today – we’re here to support you every step of the way.

Step 1: Seek Medical Care, Even for Minor Injuries

The shock and chaos after an accident can make injuries seem less severe than they are. Many symptoms manifest hours or days later. So even if you believe you weren’t seriously hurt, it’s vital to get checked by a doctor immediately. Thorough medical evaluation and prompt treatment can positively impact your recovery.

In addition to your health, seeking medical care creates a record of your injuries when filing insurance claims or lawsuits. In Texas, there is a two-year statute of limitations to take legal action after an accident. So don’t take chances with your health – get medical attention right away.

Step 2: Report the Incident to Police and Uber

Informing the relevant authorities is crucial for establishing an official account of what happened. Under Texas law, you must inform police about any accident with injuries, deaths or significant property damage. The police report will include key details like:

• Statements from passengers, the Uber driver and witnesses

• Photos documenting damage, skid marks, debris etc.

• Diagrams mapping out the positions of vehicles and people

This report will serve as objective evidence for insurance and legal proceedings. Even if police were already called to the scene, request a copy of the report a few days later.

You should also contact Uber through their app or customer service line. Uber has specific accident protocols in place for drivers. Notifying them will ensure the appropriate safety checks and investigations occur.

Step 3: Gather Evidence and Document the Scene

In the chaos of an accident, critical details can get overlooked. Do your best to gather evidence and document what you observe. If safe and possible, take photos and videos capturing damage, injuries, skid marks or debris. Get contact details and statements from any witnesses while events are still fresh in their memory. Jot down your own recollections too before traumatic shock sets in.

If you ended up in the hospital, keep all records related to medical treatment, tests, prescriptions and expenses. Track any other accident-related costs like vehicle repairs, damages or lost income. This evidence will strengthen insurance claims and demonstrate your losses.

Step 4: Consult with a Personal Injury Attorney

The complex legal, insurance and liability issues surrounding Uber accidents can perplex even seasoned professionals. So for optimal protection of your rights, consult with an experienced personal injury attorney as soon as feasible after the accident.

An uber accident attorney in Texas can help with key actions like:

• Investigating responsibility and liable parties

• Communicating with insurers to maximize claim settlements

• Filing lawsuits if fair compensation isn’t offered

• Ensuring compliance with Texas statutes of limitation

Retaining legal counsel quickly can impact settlement outcomes down the line. Most personal injury lawyers offer free initial consultations and only collect payment if they secure compensation for you. So you lose nothing by having an uber accident attorney review your case.

Step 5: Understand Liability Laws Related to Uber Accidents

To receive compensation for an uber accident in Texas, you must prove another party was legally responsible through negligence or liability. But determining liability gets complicated when Uber drivers and rideshare services are involved.

Texas follows traditional tort laws for auto accident liability claims. Generally, the negligent driver causing the accident bears primary responsibility. But Uber and their insurer may share fault too depending on factors like:

• Whether the driver was an employee or contractor

• If Uber’s screening process was adequate

• If the vehicle met safety standards

• If misleading information was provided about insurance coverage

A personal injury attorney in Dallas can help assess liability by investigating details like telematics data, maintenance records and the driver’s history. Based on evidence, they’ll craft the strongest possible legal case for you.

Step 6: Refrain from Posting About the Incident on Social Media

It’s natural to want to vent about a traumatic incident online or warn others about what happened. But in today’s digital age, your social media activity can easily be used against you to reduce or deny compensation.

Insurers and defense attorneys look for any evidence that you seem less injured than claimed or that you may have contributed to the accident through your own negligence. Pictures, comments admitting to previous conditions, or even tone may unjustly impact your credibility.

So while your case is ongoing, avoid posting anything related to the accident on social platforms. This ensures factual evidence rather than perception drives outcomes. Your attorney can best advise if and when details can safely be shared.

Step 7: Prioritize Self-Care During Recovery

The physical and emotional toll of being injured can be immense and life-altering. So along with handling logistical tasks, prioritize self-care and create a support system. This may involve counseling, joining a support group, making lifestyle changes to accommodate disabilities, relying more on loved ones, or finding relaxing and uplifting activities.

Focus on celebrating small wins in your recovery, no matter how slight. With time, dedication and the right assistance, you can regain your strength, mobility and enjoyment of life once more. Healing happens gradually so be patient with yourself above all else.

Who Can Be Held Responsible for Your Uber Accident Injuries?

Determining liability after a rideshare accident can be complex since multiple parties may share fault, such as:

• Uber Driver: Responsible for obeying traffic laws and operating vehicles safely. May be personally liable for negligence.

• Uber: Could share liability based on driver’s employment status, inadequate screening/training or failure to maintain safety standards

• Other Motorist: If another motorist caused the accident through actions like drunk driving or texting while driving

• Vehicle Manufacturer: If a defective auto part directly caused or worsened the accident

• Government Entity: If poor road design, maintenance failures or construction flaws contributed to the crash

What Kinds of Damages Can You Recover After an Uber Accident?

If Uber or another party is found liable for your accident injuries, you may receive compensation for:

• Past and future medical treatment

• Rehabilitation services

• Lost income and reduced earning capacity

• Pain and suffering

• Permanent disabilities or disfigurement

• Wrongful death damages

• Property loss or damages

A rideshare attorney can seek full and fair compensation reflecting the entire scope of your financial, physical and emotional harms.

Who Pays Accident Claims for Uber Drivers and Passengers?

Uber holds a corporate insurance policy that covers drivers and riders throughout phases of service, including:

• Contingent Liability Coverage: Up to $1 million per incident for driver fault while app is on but no passenger on board.

• Third-Party Liability Coverage: Applies during a trip or on route to a rider and matches a driver’s personal car insurance limits (often $100k-$250k).

• Under and Uninsured/Underinsured coverage: Additional protection if at-fault driver lacks sufficient coverage.

But given caps and restrictions, having your own car insurance with injury coverage is wise. An attorney can coordinate across all applicable policies.

What Factors Suggest it’s Time to Settle My Case?

It’s reasonable to want to settle sooner rather than later to move forward after an accident. But accepting an early offer isn’t always optimal. Your car accident attorney may advise waiting if there’s strong liability evidence against large insurers capable of paying higher damages.

Signs it may be the best time to settle include:

• Your medical treatment and recovery have stabilized

• The settlement value accurately reflects documented losses

• The liable party seems to have limited insurance coverage

• You need funds more urgently due to lost income or high expenses

Be wary of insurers pushing quick settlements before full damages are known. Trust your attorney’s judgment on securing maximum compensation.

How Can an Attorney Assist Uber Accident Victims?

Speaking with an attorney should always be your first call after emergency care. Texas personal injury lawyers offer rideshare accident victims comprehensive legal support, including:

• Free case review: Attorneys conduct initial assessment without fees.

• Investigating liability: uber accident lawyers gather police reports, Uber’s records, telematics data and witness statements to prove fault and negligence.

• Filing insurance claims: Attorneys handle negotiations and complex paperwork to resolve cases fairly out-of-court when possible.

• Lawsuits: If warranted and authorized, attorneys file lawsuits against negligent parties to compel higher settlements.

• Trial experience: If settlements fail and cases reach trial, lawyers adeptly argue before judges and juries.

Having an knowledgeable personal injury attorney maximizes compensation while you focus on healing.

How to Navigate an Uber Accident in Texas

• Seek prompt medical help even for seemingly minor injuries after an Uber accident.

• Inform the police and Uber about the incident as soon as possible.

• Consult and retain an experienced personal injury attorney to protect your rights.

• Track all accident-related costs and losses to provide evidence for your claim.

• Avoid publicly discussing your case on social media during ongoing claims.

• Don’t rush into settlements until your treatment, recovery and losses stabilize.

FAQs: Uber Accident Texas

1. What should I do if I’m injured in an Uber accident and need to find an Uber accident lawyer?

If you’ve been injured in an Uber accident in Texas, it’s important to contact an experienced Uber accident lawyer right away. Look for a personal injury attorney who has specific experience handling rideshare accident cases. They can help you understand your rights, gather evidence, deal with insurance companies, and pursue compensation for your medical bills, lost wages, pain and suffering and other damages. Schedule a free consultation with an Uber accident lawyer to discuss the details of your case and get expert guidance on your next steps.

2. How can an Uber accident lawyer help if I’m injured while riding as an Uber passenger?

If you’re injured in an accident while riding as an Uber passenger, you may be entitled to compensation from Uber’s insurance policy, which provides up to $1 million in liability coverage. However, dealing with Uber’s insurance can be complicated. An Uber accident lawyer can communicate with the insurance adjuster on your behalf, gather and preserve key evidence like the police report and your medical records, and negotiate for a full and fair settlement that covers all your accident-related losses. If a reasonable settlement can’t be reached, your lawyer can file a lawsuit against Uber and represent you in court.

3. Do I need an Uber accident lawyer if I’m an Uber driver injured in a crash?

Yes, if you’re an Uber driver who gets injured in an accident, it’s wise to consult with an Uber accident lawyer. Uber provides some insurance coverage for drivers, but there are gaps that may leave you unprotected. An experienced rideshare accident attorney can advise you on your options for seeking compensation, whether through Uber’s insurance, the at-fault driver’s insurance, or your own personal injury protection or uninsured/underinsured motorist coverage. Your lawyer will fight for your interests and work to get you the maximum compensation possible for your medical expenses, lost income, and other damages.

Finding a Personal Injury Attorney in Dallas, Texas

Being injured as an Uber passenger adds frustrating complexities. But staying calm, following essential steps and working with a lawyer sets you up to obtain justice. Don’t hesitate to lean on legal professionals who can vigorously fight for maximum compensation while you prioritize self-care.

With compassion and dedication, you can move positively forward. So take things step-by-step, stay hopeful through challenges, and remember your well being deserves priority. This difficult chapter will pass, and there are brighter days ahead.

Don’t navigate this challenging time alone. Contact our experienced Uber accident attorneys now for a free, no-obligation consultation. We understand the complexities of rideshare accidents and are here to help you get the justice and compensation you deserve. Call us at 972-682-9700 or visit Oberg Law to schedule your consultation today. Let us take the burden off your shoulders so you can focus on healing

What is the Legal Doctrine of Vicarious Liability?

The principle of vicarious liability holds a third party liable for someone else’s negligence. An example where the law can apply is in trucking accident cases where the injured victim pursues legal action against the trucking company even though the driver caused the accident.

Vicarious liability is also known as imputed liability or “respondeat superior.” Lawyers from a civil litigation firm in Mesquite can help you understand how vicarious liability applies to your personal injury claim.

What Are the Elements of Vicarious Liability?

There are several examples of vicarious liability cases, and it is essential to understand the crucial elements around the concept:

• Principal: This is the third party legally responsible for the vicarious liability because of the actions taken by their agent. The third party can be a person, employer, entity, or company with authority over the agent and could be a manager, boss, or has some responsibility over the agent.
• Agent: An agent is someone who performed an action that caused injury or harm to another and has a position below the principal. Typically, an agent is an employee but could be a child.
• Plaintiff: The plaintiff is the victim who sustained injuries due to the agent’s reckless actions
• Scope of employment: For the rule of vicarious liability to apply, the agent must have acted within their scope of work, and the injury to the plaintiff must have happened in the course of the agent’s responsibilities as bound by the professional relationship between themselves and the principal.

Personal injury attorneys in Mesquite explain that the principal can be held liable if the agent harmed the plaintiff during their duties. Vicarious liability doesn’t apply if the employee diverges from their scope of employment.

How Does Vicarious Liability Apply to Personal Injury Claims?

The concept of vicarious liability can be complex to navigate without the legal assistance of skilled personal injury attorneys in Mesquite. The principle doesn’t apply in every personal injury case in Texas and mostly plays a role in cases where a third party bears legal responsibility for the defendant’s actions.

Three parties affected mainly by the vicarious liability principle are:

• Employers
• Parents or legal guardians
• Alcohol vendors

A vicarious liability case is mostly reported when a personal benefit is involved in cash or kind. However, it can also happen when someone intends to cause damage to another person, whether physically or to their reputation, due to a dispute between the two parties.

What Are Some Examples of Vicarious Liability Claims?

Personal injury attorneys in Mesquite handle various types of vicarious liability claims. Here are a few examples that can help you understand how the concept works:

Vicarious Liability in the Employer-Employee Context

Vicarious liability is mainly common in the employer-employee context. It occurs when an employee causes damage to another person while acting on behalf of or performing duties for the employer. If that happens, the victim, with the help of their Mesquite, TX, personal injury lawyers, can hold the employer liable and file a compensation claim against them.

However, if the employee was not acting within the course of their employment at the time of the accident, the employer can’t be held vicariously liable. For example, if a delivery driver was on a lunch break and driving to a restaurant when they crashed into another driver, the driver’s employer may not be vicariously liable for the victim’s injuries.

Vicarious Liability in the Parent-Child Context

Vicarious liability is also common in contexts involving children under 18. When minors are engaged in activities that expose them to personal injury, their parents or guardians are likely to be held liable for the injuries.

For example, a parent may send their 17-year-old child to run some errands for them. If the child is driving the family car and negligently crashes into another vehicle and injures someone, the parent is likely to be held liable for the injuries. Parents can also be held responsible for injuries or damages their children cause intentionally.

Vicarious Liability for Alcohol Vendors

Known as the dram shop law, Texas imposes vicarious liability on alcohol vendors and suppliers. The law allows alcohol providers to be held responsible for injuries a victim sustains in a DUI accident due to over-serving the driver at the establishment.

Vicarious liability cases can be complex to handle, especially in proving liability. Working with experienced Mesquite personal injury lawyers gives you a more favorable outcome when pursuing the settlement amount you deserve from the liable third party.

How Does Vicarious Liability Affect Your Personal Injury Claim?

If someone causes an accident in which you sustain injuries, it’s essential to understand whether and how vicarious liability may apply to your case. This understanding is crucial in helping you fight for the total compensation you deserve based on the damages. The defendant responsible for your injuries may not have enough liability insurance to compensate you.

A vicarious liability lawsuit may give you better chances of recovering your medical expenses, property losses, and other damages. Compassionate lawyers from a civil litigation law firm in Mesquite can help you identify multiple parties in your personal injury case who could be liable for your injuries to give you an additional source of financial recovery.

An Experienced Personal Injury Attorney Providing Legal Counsel for Vicarious Liability Lawsuits

Vicarious liability enables you to recover compensation for your injuries from a principal if their agent is responsible for the damages. However, several intricacies are involved in determining the parties to hold liable, so you should hire experienced Mesquite personal injury lawyers to help you evaluate your options.

The Oberg Law Office is a civil litigation law firm in Mesquite. We host dedicated and knowledgeable personal injury attorneys you can count on to get the assertive legal representation you need to fight for the value your case is worth. Contact us at 972-682-9700 to request a FREE strategy session.

You are just going about your day when, all of a sudden, everything comes to a halt. In just a split second, you see another vehicle coming out of nowhere, you hear the awful sound of brakes screeching and metal being crushed, and you feel the pain of the impact as your vehicle is hit and your entire life is turned upside down. A car accident can be overwhelming and devastating, causing physical injuries, emotional trauma, and financial strain – especially when it is caused by someone else’s negligence. Car accident legal services in Mesquite go over the crucial steps you need to take to protect your rights after a car accident in Texas. If you were hurt in a car accident, call the Oberg Law Office at 972-672-9700.

What Should I Do at the Scene of the Accident?

After a car accident, it is important to assess the scene by checking for injuries and calling for emergency medical help if you or anyone else is injured. If the vehicles can be moved and if it is safe to do so, you may want to move them to a safe area away from traffic, but be sure to take pictures or videos of the scene of the accident before moving the vehicles.

Remember to get the name, contact information, and insurance details of the other driver involved and thoroughly document the scene by taking photos and videos of the vehicles involved, the road conditions, the damage to each vehicle, skid marks on the roadway, and any visible injuries. It is also helpful to collect information from any witnesses who may have been at the scene.

Am I Required to Report the Accident to the Police and to My Insurance Company?

In Texas, drivers who are involved in a motor vehicle accident that results in more than $1,000.00 of property damage, injuries, or death should report the accident to the TxDOT within ten days. If a police officer is dispatched to the accident scene, the officer will take care of filing the report. Otherwise, it is the driver’s responsibility to report the accident, and failure to do so could result in penalties such as a license suspension.

In addition, it is crucial to contact your insurance company as soon as possible after the accident, regardless of who may have been at fault. Each insurance policy may have different reporting requirements, but many of them require drivers to report the accident within a few days. It is worth mentioning that the Texas statute of limitations for car accident damages is two years, and this legal deadline may also affect how much time you may have to file a claim or initiate a personal injury lawsuit, if applicable.

Why Should I See a Doctor if I Don’t Feel Hurt After the Accident?

Even if you are unsure if you sustained any injuries, it is essential to seek immediate medical attention after a car accident. A car accident is a jarring and stressful event that may cause your body to release chemicals such as adrenaline. This can cause you to feel no pain at the time of the crash, only to start experiencing symptoms days or weeks after the accident.

Some injuries, such as whiplash or internal injuries, may not be immediately apparent but are very common after a car crash and can become serious if left untreated. It is extremely important to be examined by a healthcare professional even if you do not think you’ve been injured – that way, if you experience delayed symptoms, you will have the medical records to document that your injury and the symptoms you are experiencing are a result of the accident and not due to a separate event. Be sure to seek medical help right away, follow your doctor’s advice and all necessary treatments to ensure a full recovery.

Why Is It a Good Idea to Call a Car Accident Attorney?

Consulting with a personal injury attorney can be invaluable after a car accident. A skilled attorney can help you deal with the insurance company and ensure that your rights are protected. By contacting an attorney soon after the accident, they can assist you with the process of gathering evidence, investigating the crash site, and assigning liability to the at-fault party. In addition, your attorney can handle all the paperwork and negotiations with the insurance company on your behalf, looking after your interests and making sure you receive the compensation you deserve. In some cases, you may need to take legal action against the at-fault party to recover damages. An attorney can assess the details of your case and help you make the right decision.

It is not unusual for some insurance companies to be more interested in protecting their profits than paying fair settlements to injured claimants. They may try to use a few well-known tactics, such as getting a claimant to give a recorded statement and try to get them to say something that may later be used as an admission of liability. By letting an attorney handle your case, you can have the peace of mind of knowing your case is in the hands of a professional who will not let the insurance company get away with using shady tactics to get you less than what you deserve.

If you were injured in a car accident caused by someone else, call the skilled car accident attorneys at the Oberg Law Office at 972-672-9700. We have helped countless injured clients in Mesquite and surrounding areas, and we are here to help you, too. Contact us for a free consultation and case analysis to learn more.

There’s no doubt that cars are getting more and more intelligent and loaded with safety features meant to reduce the frequency and severity of motor vehicle accidents. In some places, companies are even using self-driving delivery vehicles, while across the country, newer model cars are increasingly being manufactured with advanced technology such as lane-departure warning and adaptive cruise control. But do these safety features really reduce the number of car accidents, and can they impact a car accident claim in any way? The legal professionals in Mesquite handling car collisions go over the most common car safety features available today and explain how they may affect your car accident claim.

What Are Some of the Most Important Car Safety Features in Vehicles Today?

Since the creation of the National Highway Traffic Safety Administration (NHTSA) in the 1960s, seatbelts have become a mandatory safety feature in every motor vehicle. Seat belts are designed to keep the driver and passengers in place in the event of an accident, reducing the risk of injury and death.

Airbags are another important safety feature, designed to cushion the impact of collision and deploy when the vehicle is involved in an accident. Airbags started being included as a safety feature back in the late 1980s and quickly became a crucial component in preventing serious injuries during a collision.

Other features, such as high-visibility headlights, taillights, and side mirrors, help drivers see their surroundings, avoid collisions with pedestrians, animals, and other vehicles, and make their way safely in the dark. Finally, bumpers are a key safety feature. While you may not think of your car’s bumpers as a safety feature, they are actually designed to absorb the impact of a minor collision, preventing serious damage to the vehicle. Without them, the risk of injury to passengers is much higher, as any collision can affect the body of the vehicle.

What Are Advanced Safety Systems?

Advanced safety systems in vehicles rely on technology to help drivers detect dangerous situations and obstacles in order to avoid accidents. Most modern vehicles come equipped with features such as automatic braking, lane departure warning, blindspot monitors, backup cameras, and park assist. Automatic braking systems use sensors to detect objects or other cars in the vehicle’s path and automatically slow down or stop the vehicle if necessary, potentially avoiding a rear-end collision with another motor vehicle. Lane departure warning systems alert drivers if they are about to drift out of their lane. Blindspot monitors detect vehicles in the driver’s blind spot and alert them with visual and auditory warnings. Backup cameras provide a view of the rear of the vehicle so that drivers can easily see when they are backing up, making it easier to see other cars, pedestrians, and objects. Park assist systems use sensors to help drivers park in tight spaces, and some park assist systems can take care of the task of parallel parking the car for the driver automatically.

Can Advanced Safety Systems Reduce Car Accidents?

A study conducted by General Motors and the University of Michigan Transportation Research Institute and published in 2019 concluded that many advanced safety systems can play a vital role in preventing accidents. Some highlights of the study include the findings that vehicles equipped with reverse automatic braking systems with rear cross alert, backup camera, and rear park assist can reduce braking crashes by as much as 81%. Likewise, features such as forward automatic braking with collision alert can reduce the number of rear-end collisions by 46%.

However, it is important to keep in mind that no safety system can replace the full focus and careful operation of a driver. These systems are not meant to replace the actions of a driver, so even if your vehicle is equipped with all of these features, you are still responsible for maintaining your duty of care to other road users, including pedestrians and motorists.

For instance, suppose your vehicle’s forward collision alert and braking system failed, and you ended up rear-ending another vehicle at a stop sign. If it is determined that you were engaging in distracted driving when the crash occurred, you may still be held partially liable for any injuries and damages sustained by the driver of the other vehicle.

What Should I Do if I Believe My Car Has a Defective Safety System That Caused an Accident?

In other cases, a car may come equipped with faulty safety features that can actually cause injuries instead of preventing them. A notorious example is the Takata airbags, which have been the target of numerous lawsuits after defects caused the airbags to explode instead of properly deploying, injuring over 400 people and even causing 27 fatalities.

This is a good example of a personal injury case type called product liability. A product liability claim happens when a consumer is injured due to a defective product or flawed design that can be linked to a manufacturing defect. If you have been injured in a car accident and believe that a defect in your vehicle (such as a defective airbag or faulty advanced safety system) was the main cause of your injuries and damages, you may want to contact an attorney to discuss your case.

The attorneys at the Oberg Law Office have helped injured clients in Mesquite and across Texas, and they have experience dealing with a variety of car accident and product liability cases. They can help you understand your options and guide you to make the right decisions for your case. If you have been hurt, have questions, or need to know if you have a claim, contact the Oberg Law Office at 972-672-9700.

The Texas Department of Transportation reports that as many as 436 people were killed due to an accident with a distracted driver in 2021. A driver who is traveling at 45 mph and takes their eyes off the road for just a few seconds to read a text or check their phone will end up driving the length of a football field without looking at the road. This behavior is dangerous and has resulted in hundreds of fatalities and thousands of serious injuries not just in Texas but across the country. Auto injury attorneys serving Mesquite at the Oberg Law Office discuss how distracted driving affects Texas motorists and other road users, the legal consequences of distracted driving, and the rights a victim may have to recover compensation after being hurt by a distracted driver.

What Are Some Examples of Distracted Driving?

Distracted driving is any task that takes a driver’s eyes off the road and attention away from driving, such as manual distractions, visual distractions, and cognitive distractions. Talking on a cell phone, texting, eating or drinking, looking at a map, using a navigation system, adjusting the radio, and applying makeup while the vehicle is in motion are all examples of distracted driving.

Each of these activities, while seemingly harmless, can have serious consequences, as the human brain is not made to handle more than one task at a time – a driver who is operating a moving vehicle cannot effectively maintain their focus on both the task of driving and whatever else they are doing at the same time. Even people who claim to be good at multitasking simply constantly toggle their focus between two or more tasks. However, when you are driving, doing so can have serious consequences.

When a driver takes their eyes off the road, even for just a few seconds, they are unable to respond to changes in traffic conditions and could end up in an accident. Activities such as eating or drinking while driving can lead to a driver’s hands being temporarily off the wheel, reducing their control of the vehicle and creating distractions such as spills inside the cabin.

What Kind of Accidents Are Commonly Caused by Distracted Drivers?

One of the most frequent types of auto accidents caused by distracted driving is rear-end collisions. Rear-end collisions are often caused by a distracted driver who is not paying attention to the road and fails to see that the vehicle in front of them is slowing down or stopping.

Head-on collisions are another type of motor vehicle accident that is usually caused by distracted drivers. These collisions can take place when two vehicles traveling in opposite directions collide, often because one of the drivers is distracted and ends up drifting into the opposite lane. This type of accident can be catastrophic as both vehicles involved are usually traveling at a high speed. Distracted drivers can also cause single-vehicle accidents, such as running off the road or crashing into an obstacle, such as a utility pole or even a building.

Does Texas Have Any Laws Addressing Distracted Driving?

In Texas, distracted driving is illegal and carries significant penalties. Drivers are prohibited from engaging in any activity that could take their attention away from the task of driving, especially texting while driving, as well as using handheld electronic devices to make calls, listen to music, or watch videos.

Violators can face fines of up to $99 for their first offense, up to $200 for subsequent offenses, and potential license suspension for repeat offenders. In addition, distracted driving can also be considered a Class A misdemeanor if the driver causes an accident that results in serious injuries or death. The law also prohibits minor drivers from using a wireless handheld electronic device during the first six months of having a learner’s permit. In addition, school bus drivers are not allowed to use a smartphone or other electronic device while operating a school bus with passengers on board.

What Should I Do if I Was Hurt in an Accident Caused by a Distracted Driver?

If you were involved in an auto accident in which another driver may have been negligent and caused the crash due to being distracted, that driver may be financially liable for your damages resulting from the accident. However, you would need to prove that their negligent actions were the direct cause of your damages and injuries.

At this point, it is critical that you retain the legal counsel of a skilled car accident attorney for your case. Your attorney can help you investigate the accident and gather evidence to prove that the other driver was distracted and acted with negligence, and can also help you document the extent of your injuries and damages.

Your attorney can help you file an insurance claim against the at-fault driver’s insurance company seeking compensation for your injuries as well as financial losses and emotional distress. In some cases, the insurance company may try to claim that you were also at fault for your accident or may try to offer you a low settlement. Your attorney can help you make the right decisions for your case, handle all the necessary paperwork and negotiation process with the insurance company, and file a lawsuit in court if necessary.

The Oberg Law Office has represented clients who were victims of distracted drivers in Mesquite and across Texas and helped them secure maximum compensation. Their legal team is ready to protect your rights and represent your best interests after a collision with a distracted driver. Contact us today at 972-672-9700 to learn more.

When researching personal injury topics, such as compensation for car accidents, you may have heard the term “pain and suffering” used to describe the type of damages you may be able to seek payment for. But what exactly is pain and suffering, and how can you effectively prove it? The attorneys at the Oberg Law Office offer a few tips on how you can document your pain and suffering after an auto accident and explain why hiring an attorney may be the right choice for your case.

What Does Pain and Suffering Mean in Legal Terms?

Pain and suffering is a term commonly used to describe the subjective effects that an accident and resulting injuries may have on the physical and emotional well-being of a victim. When a person is involved in a serious auto accident, the most visible consequences are physical injuries and a damaged vehicle. However, it may be hard to understand just how much physical pain the victim may have endured as a result of their injuries and in the course of recovering from those injuries. For example, broken bones are extremely painful when they first occur and may result in even more pain if the victim needs to have surgery to repair their fractured leg or requires physical therapy to regain mobility after the crash.

The pain and resulting suffering can also be psychological. An accident victim has just undergone an extremely stressful and traumatic event that could result in mental anguish and panic attacks as they relive the incident over and over in their minds. Their physical pain and the effects it has on their daily lives can also result in emotional distress, anxiety, depression, insomnia, and PTSD. If their injury resulted in long-term or permanent disabilities, the victim may also experience loss of enjoyment of life due to being unable to partake in activities they used to enjoy before the accident, such as playing sports or being active. All of these factors are usually taken into consideration when determining the appropriate settlement for an accident victim.

What Are Some Ways to Document Pain and Suffering After an Accident?

The most important thing you can do after an accident is to seek emergency medical help for yourself or for others who may have been seriously injured. However, seeking medical help is recommended even if you don’t feel like you are injured – the sudden burst of adrenaline triggered by a scary and stressful situation such as a car accident can temporarily mask the pain of a serious injury for days or even weeks after it occurs. If you have a doctor examine you shortly after the accident, you will be able to have the necessary medical records to document how your symptoms progressed since the day of the accident. In addition, if you suffered apparent injuries such as cuts, bruises, or fractured limbs, for example, you will also want to document these injuries by taking pictures and gathering medical reports and exam results. You may also want to include a picture of yourself before and after the accident.

Another effective way of documenting your pain and suffering is to complete a daily journal. This practice is referred to by some as a “pain journal,” and it provides the court with a first-person account of the many ways your injury is affecting you in your daily life. You can make daily entries in your pain journal with dates, times, a description of your pain and the body area affected by it, as well as the activity you were doing or trying to do. Alternatively, you can also get the help of friends or family to write a statement explaining how the accident and your injuries have affected you since the day of the crash.

Can You Use the Testimony of Expert Witnesses to Help Argue Pain and Suffering?

If you are working with a skilled attorney who is providing legal representation for your case, your attorney may also suggest recruiting the help of expert witnesses to help the court understand the extent of your pain and suffering. For example, if you suffered a serious back injury that resulted in debilitating chronic nerve pain, an attorney can ask an orthopedic doctor or a nerve pain specialist to analyze your injury and give their medical opinion on its severity, the type of symptoms that your injury typically causes, and how it affects your daily life.

Alternatively, your attorney can also recruit the help of a mental health professional to explain to the court how an accident can affect a victim’s mental health and what it feels like to live with anxiety or frequent panic attacks, for example. An experienced attorney can help you leverage the knowledge and credentials of expert witnesses to strengthen your case and effectively document your pain and suffering.

How Much Money Can I Receive for Pain and Suffering Due to an Auto Accident?

Pain and suffering are just one of the components of a personal injury settlement. The total value of a claim is typically a combination of economic damages (such as medical bills and lost wages) and non-economic damages (another legal term for pain and suffering). In general, the higher your financial losses and the more significant your degree of pain and suffering is, the higher the value of your claim may be.

The attorneys at the Oberg Law Office can help you determine how much money your particular claim may be worth, as well as the best course of action for your case. If you were hurt in an auto accident in or near Mesquite, TX, call us at 972-672-9700 for a free consultation.