People who text while driving put everyone using the road at risk. Texting while driving car accidents in Kissimmee happen frequently and can cause serious injuries.
If you were injured in a wreck and you suspect that the other driver was texting, contact our team of attorneys at Colling Gilbert Wright. We have represented injured people in car accident cases for decades and have an impressive record of success. We are proud that many of our cases come as referrals from other lawyers and past clients who appreciate our knowledge, professionalism, and concern for our clients’ well-being.
The Law Regarding Driving While Texting
Anyone operating a vehicle has an obligation to keep their attention on the road. Distracted driving leads to preventable accidents and can cause severe injuries. Florida Statutes § 316.305 specifically forbids texting while driving. You cannot use a handheld electronic communication device, such as a phone or tablet, to read or send information while operating your vehicle.
Although the no-fault system resolves most car accident claims, serious injuries may justify filing a lawsuit to obtain compensation for your damages. Our Kissimmee attorneys could present evidence that the other party was using their cell phone while operating their vehicle, proving their liability for the injuries you sustained in the crash.
How Can You Prove a Driver Was Using Their Phone?
When you file a legal claim for compensation, you must prove that the other party caused the accident through negligence. The driver may admit that they were using their phone when the crash occurred. In that case, the police may issue a citation that you can present as evidence of the driver’s negligence. Violating a safety law constitutes negligence per se, meaning that proof of the violation is proof of negligence.
If the police do not issue a ticket, our Kissimmee lawyers could find evidence of sent texts by subpoenaing the driver’s cell phone records, speaking with witnesses, and reviewing video footage of the accident. If we find proof that the driver was using their phone at the time the accident occurred, we could hold them liable for the wreck even without a citation.
Compensation for Serious Car Accident Claims
When you win a car accident claim in court, the negligent party is responsible for paying compensatory damages. These include your immediate costs and future losses, such as ongoing medical care and diminished earning capacity.
You may also recover damages for your pain and suffering, including the physical and emotional impact on your quality of life. You can demonstrate non-economic damages through:
- Medical records
- Photographs and video
- Diaries or journals
- Employment records
- Statements and testimony from you and your close associates
Evidence to prove pain and suffering damages should describe the impact of the accident on your daily life and relationships.
Punitive Damages
When there is clear evidence that the driver acted intentionally or was grossly negligent, state law allows you to claim punitive—also known as exemplary—damages. The court could order the defendant to pay this additional compensation as a penalty for their extreme misconduct.
Punitive damages are typically limited to three times the total compensatory damages or a maximum of $500,000. They are rare in car accident cases, but not unknown. Our Kissimmee attorneys could review your car crash case to determine whether the evidence of the driver’s reckless use of their cell phone is sufficient to claim punitive damages.
Speak With a Kissimmee Attorney Today About Filing a Claim After a Cell Phone-Related Crash
People who text and drive make a conscious choice to ignore safety. When their negligence causes a crash, we could help you hold them accountable for your injuries. Our lawyers at The Florida Firm regularly win significant verdicts and settlements in car accident cases, many of them exceeding one million dollars. Texting while driving car accidents in Kissimmee happen regularly, so contact us immediately if it happens to you. We never take money until we resolve a case in your favor, so schedule your no-risk consultation today.