According to the Virginia Tech Transportation Institute (VTTI), reading or responding to a text behind the wheel is similar to driving the length of a football field blindfolded. Texting and driving is becoming frighteningly common. The National Highway Traffic Safety Administration (NHTSA) reports 431,000 people in the U.S. were injured in 2014 in crashes involving distracted driving. The NHTSA estimates that 33,000 of those crashes involved the use of a cell phone.
If you suffered injuries in a crash caused by a distracted driver, secure representation from a texting and driving lawyer in Fort Lauderdale. These claims are complicated. You need a legal team that knows how to gather the evidence needed to prove the other driver was distracted and caused the accident so you can recover the compensation you deserve.
The team at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. can manage your claim from start to finish and help you get the compensation you deserve. Call 954-524-2820.
As with any accident, the person who caused the accident is liable. If the person’s phone use contributed to or caused the accident, you can hold that person liable for your injuries.
Sometimes more than one person is negligent. For example, if you were speeding and could have avoided the accident if you were driving slower, you could share fault even if the other driver was texting behind the wheel.
While you can still recover compensation if you were partially at-fault for the accident, your settlement will decrease in proportion with your degree of fault. For example, if the insurer found you 20 percent at-fault for the accident, you could only recover 80 percent of your $50,000 compensation demand. Thus, it is vital to work with an attorney to establish the other driver’s fault and defend against any allegations that you contributed to the wreck.
It can be challenging to prove that a driver was texting at the time of the accident, especially because most drivers will not readily admit they were texting. We take a comprehensive approach to investigating your accident to find proof the other driver was texting. To prove the driver was texting, we may:
We do not recommend trying to handle a car accident claim yourself, let alone one caused by texting and driving. It can be difficult to prove the other driver was using his or her phone, often requiring investigation to uncover evidence to prove it. A lawyer will help you gather, analyze, and present the evidence you need to win your case.
For example, cell phone providers do not routinely hand over records of their customers to anyone who asks, usually citing privacy issues. Stores with have video surveillance footage are not always willing to let any individual view their camera footage. There are legal requirements that you must follow to gain their cooperation. Our lawyers know what protocols to follow, how to analyze the evidence, and the best way to present it to reach a fair settlement or favorable judgment.
Further, you will be going up against an insurance company with one goal: to offer you the smallest payout possible. Insurance companies defend texting while driving claims vigorously because payouts are often high in distracted driving accidents. To do this, many insurers often try to trick vulnerable accident victims into admitting fault, agreeing their injuries are not as bad as they claim, signing release documents, or accepting a quick settlement.
All of these can jeopardize your settlement or leave you with thousands less than you deserve. Make sure you have a lawyer on your side who can protect your rights and keep your claim moving forward.
If you have been injured in a car accident caused by a distracted driver who was texting behind the wheel, some of the damages for which you can recover compensation include:
At Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L., we are committed to helping people injured in accidents that were not their fault. People hurt in these accidents deserve dignity and respect, and should receive compensation for the harm done to them and related expenses and losses.
We will fight to get you every penny you deserve. Our personal injury lawyers have won tens of millions of dollars for clients. Before you give us a call, take a look at some of the recoveries we have obtained for our clients.
It will cost you nothing to talk with us and we will charge you nothing unless you receive compensation. Call us today at 954-524-2820 to set up your free consultation.