Distracted driving car accidents in Kissimmee happen all the time, and they can be very dangerous. If you suffered an injury in a crash caused by a distracted driver, contact our experienced car accident attorneys right away.
At Colling Gilbert Wright, also known as The Florida Firm, we devote our careers to getting justice for injured people. We have an excellent reputation in the community for our diligence, service to our clients, and outstanding results. In fact, most of our cases come from other attorneys who trust us enough to refer their clients to us. This level of professional confidence reflects our strong track record and reinforces our standing as a firm that other lawyers rely on.
Distracted Driving Takes Many Forms
Anyone who gets behind the wheel has the obligation to maintain awareness of what is happening around them on the road. Every driver must use reasonable care to avoid accidents and to avoid causing harm to others.
Any activity that takes your eyes or attention off the road is distracted driving. There are laws prohibiting using your phone while driving, but there are numerous other types of distractions, like:
- Talking to a passenger
- Rubbernecking
- Eating, drinking, or smoking
- Adjusting equipment in the vehicle
Some people even read or watch movies while driving.
When a driver is distracted and their inattentiveness causes an accident, they are negligent. If police issue a ticket, that is evidence of the driver’s negligence. Even if the police do not issue a citation, our Kissimmee distracted driving accident attorneys will review witness statements, any video of the accident, and other evidence to prove the driver’s attention was not on the road.
Why Seek Evidence of Negligence in a No-Fault State?
Under Florida’s no-fault system, each individual’s personal injury protection (PIP) insurance covers their medical expenses and reduced earnings up to their coverage limits. PIP pays regardless of who is at fault in the accident.
However, the minimum PIP coverage limit is low at only $10,000. The coverage pays only 80 percent of your medical bills and 60 percent of your lost wages, so you may suffer substantial losses that will not be reimbursed by your PIP. You may be able to claim reimbursement of those funds, plus pain and suffering damages, if your injury meets a legal threshold.
Florida Statutes § 627.737 permits you to pursue a court claim if the injury left you with permanent and significant scarring, permanent and significant loss or impairment of a body part or bodily function, or another permanent injury. Our Kissimmee lawyers will present your medical records to prove that your injuries after a distracted driving accident qualify you to step out of the no-fault system and use the evidence of the driver’s negligence to prove their liability in court.
Damages When You Can Prove a Driver Was Negligent
The money you collect in a lawsuit is called your damages. Your damages should cover all the tangible and intangible losses you suffered due to the accident. Our distracted driving collision attorneys in Kissimmee are skilled at maximizing our clients’ damages and frequently obtain generous verdicts and settlements in car accident cases.
The distracted driver is liable to pay damages for the out-of-pocket losses that your PIP did not cover. You can claim damages for incidental expenses you incurred during your recovery, like hiring someone to do the household tasks that you could not perform because of your injury. When your injury prevents you from returning to work or requires ongoing medical treatment, your damages cover these losses.
You are also entitled to damages for your pain and suffering. This is compensation for your diminished quality of life since the accident. Pain and suffering damages cover emotional and physical pain, disability, lost enjoyment of life, and other effects of your injuries.
What If You Were Also Negligent?
Even when a distracted driver causes an accident, you might share responsibility if you were also careless. In that case, you can claim damages, but the amount you collect will be reduced by your percentage of fault. If you were more than 50 percent at fault, you cannot collect any damages.
Consult a Kissimmee Attorney If You Were Hurt in a Distracted Driving Car Crash
When a driver is distracted and causes an accident, you can hold them accountable for their negligence. The skilled attorneys at The Florida Firm often pursue claims for distracted driving car accidents in Kissimmee and can ensure you receive fair compensation for your injuries.
We do not take any money from you unless we win compensation from the responsible parties, so you can work with us at no risk. Contact a member of our intake team today to discuss your distracted driving accident.