In St. Petersburg and Pinellas County, it is against the law for drivers to text while behind the wheel. Despite this, many motorists can’t resist answering text messages while driving. The National Safety Council reported that it estimates at least 28% of all traffic crashes–or at least 1.6 million crashes each year–are caused by drivers engaging in this behavior. If you suffered injuries in a collision with a negligent driver, you have the right to pursue justice through the legal system. A successful civil lawsuit could provide the financial resources you need to recover your losses.
A St. Petersburg car accident lawyer from Kogan & DiSalvo can help. We take the time to understand the unique details of your case and build a legal strategy that addresses your immediate and future needs. Schedule a free consultation where we can assess your case and answer your questions.
The Dangers of Texting and Driving
Texting while driving—and distracted driving in general—is one of the most dangerous behaviors of motorists. The National Highway Traffic Safety Administration’s (NHTSA) data from 2022 shows approximately three percent of drivers at any one time are using their cell phones to text and that this behavior increases crash risk by 8 times. The NHTSA also reports, “Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.” Texting while driving degrades a motorist’s attention and consequently reduces reaction time to a sudden shift in traffic, weather, or obstacles on the road.
Maximizing Compensation for Texting While Driving Accidents
You deserve to recover all the damages related to your accident by holding negligent drivers accountable. The losses you suffered in your accident generally fall into one of two categories.
First, economic damages are out-of-pocket financial losses that are easily quantified. They could include things like your medical bills or the cost of repairing your vehicle, transportation, and commuting expenses to get you to and from medical and therapy appointments, and replacement of lost wages that you were not able to earn because of injuries that kept you from performing your regular job tasks.
Non-economic damages are subjective losses that fall under the category of pain and suffering, such as the effects of scarring or disfigurement, the psychological consequences of chronic pain, or the Impairment of your relationships with your spouse, family, and friends due to your injuries.
Establishing Liability in a Texting While Driving Accident
There are no presumptions in the law on who is at fault for a head-on crash. In some cases, both parties will share some blame. In others, one driver’s actions will be enough to result in a dangerous collision, and texting while driving clearly indicates negligence.
It is not enough to allege that a driver lost control of their vehicle and caused a head-on collision. Instead, it is necessary to establish evidence that they were texting or using their mobile device while behind the wheel.
This evidence usually involves cell phone records. Phone providers keep detailed records of this data, and your attorney could establish down to the second if the other driver were using their phone. Other strong forms of evidence involve admissions from the other driver, witness testimony, and CCTV and dashcam videos. A texting and driving accident attorney can collect this evidence to build a strong case for negligence.
Schedule a Free Consultation with a St. Petersburg Texting and Driving Accident Lawyer
When you need a full-service law firm that takes cases on a contingency basis, you can depend on the team of Kogan & DiSalvo. We leverage our extensive knowledge of personal injury law to fight for our clients harmed by motorists who text while driving. We keep you abreast of every milestone in your claim as we document the damages you’ve sustained and strive to maximize your legal recovery. Schedule a free consultation today.