If you suffered injuries or lost a loved one in a Clearwater accident caused by a distracted driver, you know personally just how dangerous texting and driving can be. Distracted drivers often do not realize they need to brake until it is too late, and the high-speed impact can have serious consequences. Your injuries may affect your ability to work, as medical bills add up quickly.
You do not need the additional stress of trying to manage your accident case on your own. At the Law Offices of Anidjar & Levine, our car accident team will go the extra mile to pursue compensation for you. This way, you can get back on the road to recovery. You worry about getting better. Our lawyers will take care of everything else.
Our Clearwater Texting While Driving Accident Lawyer Can Investigate Your Case
Car accident victims often find it difficult to prove fault on their own. Our lawyers can investigate your case and collect evidence. We have to establish that the other driver acted negligently.
Gathering Evidence to Support Your Case
After an accident in Clearwater, insurance companies begin their investigation right away. This allows them to try to protect themselves against a potential claim. Our attorneys will respond by gathering relevant information in your case. You could have evidence that could help us, as could eyewitnesses that saw you get hurt.
Some of the types of evidence we may request include:
- The accident report
- The other driver’s cell phone records
- Videos and photos from the scene, particularly of your injuries and property damage
- Statements from witnesses
- Your medical records
- Expert testimony
This evidence will play an important role in determining how your accident occurred, which can help us prove that the other driver is at fault.
Determining the Cause of the Accident to Establish Negligence
By piecing together the events before and during your accident, we can determine how your accident occurred. The other driver could have been acting recklessly or failed to act when necessary to avoid your injury or the loss of your loved one.
Establishing negligence requires us to demonstrate four legal criteria, which include:
- Duty of care
- Breach of duty
Proving the fault can help us seek financial recovery for your injuries.
We Can Negotiate a Fair Settlement on Your Behalf
Insurance companies do not like to provide victims with more compensation for their injuries than they can get away with. As such, adjusters will sometimes use deceptive tactics to convince you that you do not qualify for financial recovery. Some ways they may try to withhold a fair settlement from you include:
- Intentionally being unclear about the terms of the policy to confuse you
- Lowballing the financial losses associated with your injury
- Rejecting your claim entirely
Our lawyers have seen adjusters do this many times. They will negotiate with the insurance company and handle all communications for you. Our team will not agree to a settlement amount without your permission.
Most of the time, we can settle car accident claims outside of the courtroom. However, we can take your case to court if we cannot secure a settlement.
Florida Auto Insurance Laws May Affect Your Ability to Seek Financial Recovery
Florida is a no-fault state, which means drivers must carry personal injury protection (PIP) insurance as part of their policies to provide coverage for their own injuries. Someone else could have caused the accident. However, victims must still submit claims to their own insurance policies for financial recovery.
You may still have the option to pursue damages from the liable driver in certain circumstances, such as if your medical bills exceed the limits of your own policy. Our Clearwater lawyer can help you determine who you could seek compensation from. If the other driver was texting, you could have multiple parties to turn to for damages.
Laws That Could be Relevant to Your Case
Florida Statutes § 316.305 banned texting while driving in July 2019, but many drivers continue to use their phones behind the wheel instead of paying attention to the road. While this law makes texting and driving illegal, you do not have to choose between taking criminal and civil legal action. The two suits can continue without one affecting the other.
If you want to file a lawsuit, though, you have a limited time. Statutes of limitations that you might have to uphold include the four-year timeline imposed by Florida Statutes § 95.11. You must file a wrongful death lawsuit within two years under this same statute.
Things You Should Know About Clearwater Texting and Driving Accidents
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving took the lives of more than 3,000 people in the United States in 2019. WFLA covered a car accident just north of Clearwater. An eyewitness to this incident cited her frustration with texting drivers. Your family could have suffered because another person decided they didn’t want to wait to send a message.
We Will Support You with Our Knowledge and Experience
Our personal injury team can take all of our awareness of car accident cases into our plan for yours. There might be things you do not know about your rights or chances for damages. We can apply our skills, however.
Our past clients can attest to this:
“The best experience from start to finish. [They] were all extremely informative throughout the process. Would highly recommend to everyone.” – Antwanette F.
“They have always returned my phone calls … They answer my questions & always have been truthful.” – John K.
“I was doing ride-sharing and got involved in a bad car accident. You can imagine how complicated things could have been dealing with 3 different insurance companies … [They] handled everything with professionalism and compassion. I didn’t have to worry about anything!! Good DEAL…” – Ed B.
Call the Law Offices of Anidjar & Levine Today for Responsive Legal Care
If you suffered injuries or lost someone you love in a Clearwater car accident, you have a limited amount of time to file a claim. You must act right away. At the Law Offices of Anidjar & Levine, we can determine the best possible approach.
You could pursue financial recovery for your injuries or loss. Our firm could take over your texting while driving case. Call our legal team as soon as possible at 1-800-747-3733 to get started on your FREE consultation.