Smartphones have revolutionized our everyday lives but have also introduced the dangerous practice of texting while driving. The statistics of distracted driving accidents are alarming. It increases the likelihood of an accident by almost 25 percent, while 19 percent of drivers admit to using their smartphones while driving. While there are many types of distracted driving, texting is among the most hazardous. At Kogan & DiSalvo, we have helped many people recover after a devastating accident with a distracted driver. We are a full-service law firm that takes cases on a contingency basis. Contact us today for a free consultation.
Lawmakers have recognized and addressed the dangers of texting while driving. Under Florida law, texting, emailing, or instant messaging while driving is illegal. Here are some strategies and tools that an attorney can use to help prove that the other driver was liable for your injuries:
- A Stuart texting and driving lawyer will subpoena the other driver’s phone records to establish they were texting at the time of the crash. This can confirm that it was at least a contributing factor to the accident.
- There is likely an event data recorder or black box in every new car on the road today. An attorney can obtain that data–if available.
- We will interview eyewitnesses to the accident. They may provide testimony that they saw the other driver texting right before the crash occurred.
- We will attempt to obtain and examine footage from nearby surveillance cameras of businesses or private residences–that may have captured the accident.
There are three types of damages that you may pursue in a personal injury claim. They include economic, non-economic, and, rarely, punitive damages. The most common damages you may recover when you work with a texting and driving accident law firm include the following:
- All of your medical costs related to the injuries you sustained in your accident, from surgeries and procedures to hospital stays, emergency room visits, and prescription medications. Costs associated with assistive devices, physical and psychological therapy, in-home care, and modifications to your home that were necessitated by the injuries you suffered in this crash are also included in this category.
- Lost wages and loss of earning capacity because while you may be able to return to work, it may not be in the same role at the same pay you had before the accident.
- Loss of companionship, as some of your closest relationships may suffer due to your physical, emotional, or financial trauma.
- Loss of enjoyment of life because many of the hobbies and activities you most enjoyed before the accident may now be impossible.
In the aftermath of a texting while driving accident, you may be overwhelmed with medical and financial issues. Unfortunately, insurance companies will still try to minimize the amount of your financial compensation. When accident victims attempt to go it alone, they often receive lowball settlement offers. We recommend you consult an experienced Stuart car accident lawyer as soon as possible. They can investigate and build your case, ensure that you meet all legal filing deadlines, negotiate and communicate directly with the insurance company on your behalf, and represent you at trial if necessary.
At Kogan & DiSalvo, we give all our clients the individualized attention they deserve. We zealously advocate on their behalf in an attempt to achieve justice and maximum financial compensation. Call us today to arrange a free consultation. We work on a contingency fee basis, so there are no upfront legal fees. We look forward to hearing from you.