Drivers who cause accidents while texting, eating, or otherwise not paying attention can be held financially responsible for your injuries. Our Plano distracted driving accident lawyers know how to prove distraction and turn that proof into real recovery for you.
At The NMW Law Firm, our attorneys handle car accident claims caused by distracted driving throughout the DFW area and file cases in Collin County District Court at the Russell A. Steindam Courts Building in McKinney when insurers refuse to offer fair value.
Someone else chose to look at their screen instead of the road. You are the one paying for it. Call us for a free case review so our attorneys can tell you exactly where your claim stands.
Get a Free ConsultationWhat Should You Do After Being Hit by a Distracted Driver in Plano?
Get medical attention immediately, even if your injuries seem manageable. Adrenaline suppresses pain, and some injuries do not produce symptoms for days.
The medical records from that first visit become the strongest connection between the crash and your injuries. Without them, the other driver's insurer will argue your injuries came from somewhere else.
Beyond the emergency room, the evidence you collect in the first 24 to 48 hours can define the strength of your entire claim. If you're physically able, photograph the vehicles, the road, traffic signals, and any visible injuries.
Get the other driver's information and the names and numbers of any witnesses. Save the responding officer's name and the report number.
Do not speak to the other driver's insurance company. Their adjuster may call within a day, sounding understanding and concerned. They are trained to get you to say something that reduces the value of your claim. Let our attorneys handle that conversation.
Under Texas Transportation Code § 545.4251, it is illegal for a driver in Texas to read, write, or send an electronic message while operating a moving vehicle. A violation of that law at the time of the crash creates strong evidence of negligence, which is exactly what your civil claim needs.
Our Plano distracted driving accident lawyer team uses traffic citations, cell phone records, and forensic data extraction to prove the other driver was distracted.
If a distracted driver hits you anywhere in Plano, don't wait to protect your interests. Reach out to our firm now.
Past Case Results
What Makes Distracted Driving Accident Cases More Complicated?
Distracted driving cases are harder to prove than speeding or red-light violations because the evidence is electronic and disappears fast. Our attorneys know exactly where to look and move quickly to preserve cell phone records, app activity logs, and vehicle data before they are overwritten.
Do You Need to Wait for a Traffic Citation to Be Issued Before Filing a Claim?
No. A police citation for texting while driving or distracted driving strengthens your case, but it is not required to file a civil injury claim. Many distracted driving crashes result in no citation at all, simply because the responding officer can't confirm the driver's phone use at the scene. That does not mean you lack evidence.
Our attorneys promptly file civil claims and independently build the evidence, regardless of whether the police issued a ticket.
How Does the Legal Process Work Following a Plano Distracted Driving Accident?
The civil process has distinct phases, and how well each phase is handled directly affects your outcome. Our Plano distracted driving accident lawyers manage every step while keeping you informed about what's happening and why.
Investigation and Evidence Preservation
We secure all available evidence immediately: the police report, the other driver's cell phone records, dashcam or surveillance footage, witness statements, and any available data from the vehicle's event data recorder (EDR), sometimes called the car's "black box." In Collin County, where Plano cases are heard, the court's scheduling order imposes deadlines that require thorough preparation well before trial.
Filing the Claim and Pre-Litigation Negotiation
Once your injuries are documented and the evidence is assembled, we present a demand to the at-fault driver's insurance carrier. Insurers routinely counter with a fraction of the claim's actual value. We know the difference between a reasonable opening in negotiations and bad-faith lowballing.
Litigation and Trial Preparation
When insurers refuse to offer a fair number, we don't hesitate to file suit. Discovery begins, depositions are scheduled, and both sides exchange evidence. Whether the case resolves through settlement or a jury verdict, the objective is full recovery for every dimension of harm caused by the distracted driver's negligence.
Every distracted driving case has its own timeline. Call us for a confidential review, and we'll map out the process for your specific situation.
Get a Free ConsultationHow Long Do I Have to File a Distracted Driving Accident Claim?
The Texas statute of limitations allows you two years from the date of your accident to file a civil lawsuit. But the window to preserve electronic evidence is much shorter. Carriers overwrite text messages, app usage logs, and cell tower data within weeks. The sooner our legal team subpoenas those records, the more likely they are to exist.
Hear From Our Clients
Why The NMW Law Firm Is the Right Firm for Plano Distracted Driving Accident Cases
We understand the frustration. Someone made the careless choice to take their eyes off the road, and now your health, income, and daily routine are disrupted. At The NMW Law Firm, we take that personally, not just as a legal matter, but as a reflection of how seriously we treat every person who walks through our door.
We have recovered over $200 million in settlements and resolved more than 3,000 cases for Texas injury victims. Results may vary. Prior case outcomes do not guarantee similar results. Our team has litigated cases in Collin County courts and understands the procedural expectations of this jurisdiction.
If a distracted driver caused your injuries in Plano, our firm is prepared to act immediately. Let us show you what aggressive, informed representation looks like.
When the Distracted Driver Was Working at the Time of the Crash
When a distracted driver was on the job at the moment of the collision, their employer may share liability under the legal doctrine of respondeat superior. That opens the employer's commercial auto policy, which typically carries significantly higher limits than a personal auto policy.
Our attorneys investigate employment status in every distracted driving case. We subpoena employment records, dispatch logs, and company phone policies to determine whether the driver was acting within the scope of their employment. When an employer knew or should have known that a driver was using a phone while working and failed to enforce a policy against it, that failure supports a separate negligence claim against the company directly.
How Our Attorneys Build Full Value in Distracted Driving Injury Claims
Our attorneys document every dimension of your injuries, from treatment costs to how the collision has changed the way you live and work. That full picture is what produces a recovery that reflects the real impact of what happened to you.
That includes the job you can no longer perform, the activities you've had to give up, the physical pain that follows you through the day, and the long-term medical outlook for your recovery.
When injuries from a distracted driving crash affect your ability to earn a living, care for your family, or move through life without constant pain, those losses carry real dollar value. Our team documents them in a way that holds up to cross-examination, expert challenge, and insurance company pushback.
When a distracted driver causes catastrophic injuries, the future cost of care becomes a central part of the claim. We work with life care planners and medical economists to project those costs accurately and present them in a format that juries and adjusters take seriously.
Your injuries have a real financial value. Let us calculate it. Call for a free case review now.
What Compensation Is Available After a Plano Distracted Driving Accident?
Texas law allows injured victims to recover both economic and non-economic damages. Compensation our Plano distracted driving accident lawyer team pursues includes:
- Medical, surgical, and rehabilitation costs
- Vehicle and property damages
- Lost wages and loss of future earning capacity
- Physical pain and suffering
- Disability or disfigurement
- Mental anguish and long-term psychological harm
- Loss of enjoyment of life and loss of consortium
Under Texas Transportation Code § 545.401, reckless driving is defined as operating a vehicle with willful or wanton disregard for the safety of persons or property. When distracted driving involves egregious behavior, such as streaming video, engaging in a video call, or texting at highway speeds, our attorneys may pursue additional claims based on reckless conduct. That distinction can open the door to punitive damages.
Under Texas Civil Practice and Remedies Code § 33.001, Texas follows a proportionate responsibility system. You can still recover damages even if you were partially at fault, as long as your percentage of responsibility does not exceed 50%.
However, your total recovery is reduced by your share of fault. Our attorneys present the evidence to place responsibility squarely on the distracted driver and any other negligent parties.
The losses you are dealing with were caused by someone else's choice. Contact our team for a free evaluation of what your claim may be worth.
Distracted Driving FAQ: Answers for Injury Victims in Plano, Texas
How Do You Prove The Other Driver Was Texting At The Time Of The Crash?
Cell phone records, app activity logs, and forensic data from the device can show whether the driver was using a phone at the time of the crash. We move quickly to preserve these records before they are overwritten. Witness statements, dashcam footage, and surveillance video also provide supporting evidence.
Can A Passenger File A Distracted Driving Claim Against The Driver Of The Car They Were Riding In?
Yes. If you were a passenger and the driver's distraction caused the crash, you have the right to file a claim against the driver's liability insurance. Passengers are almost never assigned fault in these situations. Our attorneys handle passenger claims regularly and will pursue every available source of recovery on your behalf.
What If The Distracted Driver Killed My Loved One?
Texas allows surviving spouses, children, and parents to file a wrongful death lawsuit against the distracted driver, separate from any criminal charges. The filing deadline is two years. Our attorneys pursue every category of damages available, including loss of companionship, lost financial support, and mental anguish.
What If The Distracted Driver Was On The Job When They Hit Me?
When a distracted driver was working at the time of the crash, the employer may share liability under respondeat superior. That can open the employer's commercial insurance policy, which typically carries much higher limits than a personal auto policy. Our attorneys investigate employment status in every case.
Are Distracted Driving Cases Worth More If The Driver Was Also Speeding Or Running A Red Light?
When a driver commits multiple traffic violations at the time of a crash, it can strengthen the evidence of negligence and support a higher-value claim. For example, texting while speeding or using a phone while running a red light may demonstrate a pattern of reckless conduct rather than a simple mistake.
Pedestrian, bicycle, and motorcycle accident victims in particular suffer devastating injuries in these scenarios, and we pursue full accountability when distraction is compounded by other negligent behavior.
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Get Answers and Action from The NMW Law Firm
Distracted driving cases require more than a cookie-cutter approach. They require attorneys who know how to uncover electronic evidence, work with forensic experts, and build a case that proves the other driver wasn't paying attention at the moment that mattered most.
At The NMW Law Firm, that is exactly how we work. We handle these cases on a contingency fee basis: you pay nothing unless and until we recover money for you.
Contact us today for a free, confidential case evaluation. Our attorneys get to work building your claim from the first call.
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