When you operate a vehicle, you must keep your attention on the road to protect yourself and others. Using a phone to send or read texts while driving is an especially prevalent and problematic form of distracted driving.
Texting while driving car accidents in DeLand can cause serious injuries. If you sustained injuries in an auto wreck caused by a texting driver, contact Colling Gilbert Wright. Our attorneys have a reputation for providing exceptional service and achieving excellent results for our clients—in fact, much of our work comes from referrals by other attorneys who trust us with their clients’ most serious cases. With decades of combined courtroom experience and recognition from Super Lawyers and Best Lawyers in America, The Florida Firm has built a reputation for delivering results that professionals across Florida rely on.
When Do You Qualify To Bring a Legal Claim?
State law prohibits drivers from using a handheld device while driving. However, even if another driver violated the law by texting while driving and caused a car crash in DeLand, you cannot automatically sue them for compensation. The state’s no-fault system applies regardless of the other driver’s conduct.
You must file a claim for your losses with your personal injury protection (PIP) insurer. If you sustain a serious injury and your PIP coverage does not adequately reimburse your losses, you can file a lawsuit against the texting driver. Florida Statutes § 626.737 defines a serious injury as one that causes:
- Permanent and significant impairment of an important bodily function
- Other permanent injuries
- Substantial permanent scarring or disfigurement
- Death
Our skilled team of lawyers could use medical records and opinions from medical professionals to prove that your condition meets the statutory definition of a serious injury.
If you file a claim in court, you must prove that the other driver was negligent (meaning they failed to use appropriate care to prevent injuries to others) and that this negligence directly resulted in your injuries. Our attorneys could assist you in gathering evidence to prove the driver was texting while also investigating whether others share liability for the crash.
Proving a Driver Was Texting
The texting while driving prohibition is a safety law. Violating a safety law constitutes negligence, meaning no additional proof of negligence is necessary. If the police issued a citation for texting while driving to the other driver, the ticket serves as proof of negligence.
If the driver did not receive a ticket and denies texting, our attorneys could obtain a subpoena for their cell phone records. We could also subpoena footage from dash cams and street cameras for review. Witness statements from the accident in DeLand involving a driver texting while operating a car can also provide critical evidence.
When we can prove the driver was texting, they are liable for your losses arising from the crash. Our investigation might reveal that others, such as a vehicle manufacturer or a local government, also share responsibility for the incident. Bringing claims against multiple involved parties can ensure you receive adequate damages for your injuries.
Damages in a Texting While Driving Accident
Damages are the compensation you receive from a negligent party after an accident. There are two main types of damages: compensatory and punitive, also sometimes called exemplary damages. Our DeLand attorneys at The Florida Firm have a long record of obtaining maximum compensation for people injured in collisions caused by texting while driving and other types of accidents.
Compensatory Damages
Your actual losses, including both economic and non-economic losses, determine your compensatory damages. Economic damages are losses with a set value or that are relatively easy to estimate, such as medical expenses, which include future injury-related medical care, lost wages, and reduced future earning potential. Incidental expenses, rehabilitation costs, and accommodations for your injuries are also types of economic damages.
Non-economic damages, also called pain and suffering damages, reflect the injury’s impact on your quality of life. You can collect non-economic damages for temporary or permanent disability, emotional trauma, lost enjoyment of life, scarring, and physical pain.
Exemplary Damages
When a defendant’s conduct was intentional or displayed a reckless indifference to others’ safety, courts sometimes allow an injured person to seek punitive damages.
Punitive damages act as a penalty for wrongful conduct. In most cases, the law restricts punitive damages to three times the amount of compensatory damages or $500,000, whichever is more.
Contact Us To Take Legal Action Against a Texting Driver After a DeLand Car Crash
Texting while driving car accidents in DeLand often result in devastating injuries. If you suffered injuries in such an incident, contact a lawyer at The Florida Firm. We offer free consultations, and you pay no fees or expenses unless we win your case, so you can explore your legal options at no risk. Schedule an appointment to talk about your injury case today.