Distracted Driving Accidents: Legal Implications and Pursuing Accountability
On Behalf of Rosenthal, Levy, Simon & Sosa | August 7, 2023 | Car Accidents
Distracted driving accidents affected 54,208 people in Florida in 2022. 2,639 of these people suffered serious injuries, and 273 of them were killed. Distracted driving crashes continue to rise as the use of cell phones and other handheld communication devices becomes even more popular. Distracted driving significantly raises the risk of serious and deadly motor vehicle crashes.
Drivers who are distracted have an increased risk of missing sudden shifts in traffic, ignoring traffic signals, and losing control of their cars. But many drivers still drive while distracted, placing other road users’ lives in danger. If you or a loved one has been hurt in a distracted driving crash, you may be entitled to financial compensation from the negligent driver.
Damages You Can Pursue in a Distracted Driving Accident Case
All drivers in Florida must have no-fault auto insurance coverage amounting to at least $10,000 of personal injury protection (PIP) coverage and $10,000 of property damage liability (PDL) coverage. After getting injured and suffering vehicle damage in a crash, your primary option for seeing compensation for your accident-related losses is to file a claim with your own insurance provider to recover PIP benefits.
Unfortunately, PIP benefits may not completely cover the injured person’s losses. If this is the case and you suffered severe injuries due to the distracted driving accident, you can sue the driver and seek compensation for:
- All medical expenses stemming from your injuries
- Lost earnings
- Emotional distress
- Reduced quality of life
- Pain and suffering
- Reduced earning capacity
- Property damage
Distracted driving crashes can result in serious and deadly injuries, including:
- Whiplash
- Spinal cord trauma
- Broken bones
- Severe bruising and lacerations
- Back injuries
- Brain injuries
- Internal bleeding
- Burns
- Amputated or crushed limbs
- Internal organ damage
- Wrongful death
Getting financial compensation for these injuries will ensure that you have enough money to recover from your injuries and cover all your accident-related damages. Our West Palm Beach car accident attorneys can assess your case, determine the amount of compensation you need, and ensure that the distracted driver pays for their negligent actions.
How to Prove Fault and Liability in a Distracted Driving Accident Case
Proving fault and liability in distracted driving accident cases can be complicated but not impossible. Your West Palm Beach car accident attorney must gather evidence to show that the negligent driver was distracted at the time of the crash. Evidence can include witness statements, traffic cam and dash cam footage, police reports, and physical evidence from the crash scene.
Your attorney may also request the cellphone records of the distracted driver. They will then negotiate your claim with the driver’s insurer or proceed to trial if the insurer is uncooperative and doesn’t want to negotiate fairly.
Talk to a Skilled West Palm Beach Car Accident Attorney Now
At Rosenthal, Levy, Simon & Sosa, our West Palm Beach car accident attorney will enforce your legal rights after a distracted driving crash and pursue the compensation you’re entitled to. We have ample experience dealing with stubborn insurers and negotiating effectively for maximum compensation. Call 866-640-7117 or reach us online to schedule your free consultation with our West Palm Beach car accident attorney.
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