Although Florida passed a law in 2019 that makes texting and driving illegal and a primary offense, according to the Florida Highway Safety and Motor Vehicles (FLHSMV), drivers still continue to text and drive in the state.
Drivers who text and drive endanger their own lives and the lives of others on the road. If you got hurt in a car crash that was caused by another driver’s inattention while texting and driving, a Cape Coral texting while driving accident lawyer from our firm can give you advice.
You may be entitled to file a lawsuit and recover your medical bills and other expenses. The Law Offices of Anidjar & Levine can assist you. Call Cape Coral car accident lawyer now for a free, no-obligation review of your car accident claim.
Recovering Compensation in Texting While Driving Accidents
Florida is a no-fault state, which means you should have some insurance coverage for your damages and can turn to your own car insurance initially.
However, you may find that your insurance coverage limits are not high enough to adequately compensate you for all of your damages, especially if you suffered serious and permanent injuries.
You could potentially end up in a situation where you are arguing with your own insurance company about a settlement when you could seek damages from the at-fault driver.
A Cape Coral personal injury lawyer from the Law Offices of Anidjar & Levine can advise you on your best next steps when it comes to getting compensation after an accident.
You could potentially file a lawsuit to fight for compensation for your losses, which can include:
- Repair or replacement of your vehicle
- Medical expenses and future medical costs
- Lost income and future lost income
- Physical and emotional pain and anguish
- Permanent disability
Depending on your injuries and the circumstances of your accident, you could be entitled to other damages in addition to the ones listed here.
Statute of Limitations for Texting and Driving Accidents
You generally have four years following your accident caused by a distracted driver to file a lawsuit for compensation, according to Florida Statute § 95.11(3)(a).
If a loved one died in a texting and driving accident someone else caused, you have two years to take legal action against the driver. A lawyer from the Law Offices of Anidjar & Levine can help ensure you meet this filing deadline and do not lose your right to sue.
Proving Your Car Accident Claim
Distracted driving accident claims can be tricky to prove. However, when a driver was texting while driving, obtaining phone records from their provider could help with proving negligence.
A texting while driving accident lawyer from our firm can help accident victims gather the evidence required to prove negligence. Evidence can include:
Eyewitness Statements
Eyewitness statements can provide excellent evidence to prove that another driver was texting and driving at the time of the collision. Witness testimony can also be crucial at a trial.
Photographs and Videos
Photographs and videos of a car accident scene can provide helpful evidence. Accident reconstruction professionals can potentially piece an accident together with photographs and determine fault.
Traffic and Dashcam Recordings
Traffic and dashcam footage can play an important part in distracted driving car accident claims. In some cases, recordings can show a driver texting while driving.
Unfortunately, traffic camera footage is deleted regularly. Our firm will work to recover such evidence before it disappears—it could be crucial to your case.
Police Accident Reports
Police accident reports can be important evidence in a car accident claim. A police officer will typically note down:
- What they observe
- Your statements
- Other parties’ statements
- Damages
- Injuries
Evidence of Injuries and Other Damages
Without proof of your injuries and other damages, you will not have a claim. Your Cape Coral texting while driving accident lawyer can gather evidence to prove your physical and emotional injuries, as well as any financial damages such as medical bills and loss of income.
Handling a car accident claim on your own can be stressful and end up becoming a lengthy and overwhelming uphill battle. However, a car accident lawyer from our firm can handle all aspects of your claim so that you do not have to worry about any complicated laws or the technicalities of filing a lawsuit.
Contact the Law Offices of Anidjar & Levine now for assistance.
Types of Distracted Driving Accidents
According to the FLHSMV, anything that takes your eyes away from the road or your hands off the wheel can count as distracted driving.
Texting and driving can be responsible for a variety of avoidable accidents in Cape Coral, including:
- Rear-end collisions
- T-bone accidents
- Head-on collisions
- Motorcycle accidents
- Crashes with cyclists and pedestrians
- Failure to yield accidents
If you suffered injuries in an accident with a distracted driver in Cape Coral, you could potentially recover compensation with a personal injury lawsuit.
Call the Law Offices of Anidjar & Levine Now
If you or a loved one suffered injuries and monetary damages due to a texting driver, you should inform yourself about your legal rights and options as soon as possible.
Waiting to seek legal advice could be to your disadvantage as important evidence might disappear. You could also potentially miss the Florida deadline for filing personal injury lawsuits, which in turn could leave you without legal recourse for recovering compensation.
A Cape Coral texting while driving accident lawyer from our firm can work tirelessly to progress your case and fight for the compensation you may deserve by:
- Gathering evidence
- Building your case
- Proving negligence
- Calculating your damages
- Proving your damages
- Negotiating with insurance companies for fair compensation
- Representing you in court
We only get paid when we win your case, so there are no upfront attorney’s fees for you to pay. The Law Offices of Anidjar & Levine is committed to helping victims of distracted drivers get justice. Call us now for a free case review with one of our team members.
We Can Help.
