Fort Lauderdale Texting & Driving Lawyer
Distracted driving is one of the major causes of traffic accidents and fatalities in Florida. And sending or reading a text is one of the most serious distractions, diminishing a motorist’s reflexes worse than being legally intoxicated.
For good reason, Florida has banned texting while behind the wheel of a vehicle. However, far too many motorists ignore the law and continue to text, resulting in devastating accidents. If you have been injured because a driver was texting, you might receive compensation. At Leifer & Ramirez, our Fort Lauderdale texting & driving lawyers can help you negotiate a full and fair settlement.
How to Receive Compensation
Florida motorists owe others a duty to operate their vehicles with sufficient care. If they don’t, then they are negligent, and victims can sue them in court. Whether a motorist was being sufficiently careful is not always clear. However, when a driver is texting while driving, then they have certainly been negligent.
To bring a successful negligence suit, you must show:
- The driver owed you a duty of care. If you were both on the road, then this is easy.
- The driver breached that duty. Proof that they were texting while driving is often sufficient.
- You suffered legally-recognizable injuries. Physical injuries like broken bones, concussions, whiplash, and back injuries qualify.
- The driver’s negligence caused your injuries.
In many cases, the second element is in dispute—whether the driver was sufficiently careful. A driver might claim they weren’t texting when the accident occurred, so you will need proof otherwise to win your case.
At Leifer & Ramirez, our distracted driving lawyers in Fort Lauderdale can collect evidence to convince a jury that the driver was texting. For example, you might have seen the driver on their phone before they struck you, or one of their passengers might testify as to what they saw. In some situations, we can also subpoena the driver’s cell phone records which show that they were texting at the time of the crash.
Breaking an Addiction to Texting & Driving
Although it is illegal to text and drive, many of us have unfortunately done it at one time or another. Some drivers report feeling chained to their phones and unable to stop checking it, even when behind the wheel of a moving vehicle.
To help break the addiction, lock the phone away while you are driving. You can put it in the glove compartment box, but you might be tempted to reach for it, so put it in the back seat or, better yet, in the trunk.
Because Florida is a no-fault state, injured motorists must first contact their insurer and tap their personal injury protection benefits, called PIP. However, these benefits are rarely sufficient to cover your economic losses, especially after a serious injury. When a distracted driver injures you, you can receive compensation for the following in a settlement:
- Medical expenses to treat your injuries;
- Lost wages;
- Damage to your property, including your car;
- Pain and suffering; and
- Mental anguish or emotional distress.
Contact a Fort Lauderdale Texting & Driving Lawyer
If someone injured you while they were texting and driving, contact us today. You have no time to waste. At Leifer & Ramirez, our team of texting & driving attorneys can identify whether you have a legal claim against the driver, and we can negotiate a full and fair settlement that covers your economic and non-economic losses.
Reach out today at 561-660-9421. We offer a free consultation to potential clients.