The team at the Law Offices of Anidjar & Levine knows how stressful life can be after a car accident caused by a distracted driver. You might be dealing with astronomical medical bills and no way to pay for them, especially if your injuries keep you from returning to work. A distracted driving accident and injury lawyer in Melbourne, FL can help you recover the money you need to recover from the accident and make ends meet.
Call the Anidjar & Levine team today for a free consultation: 1-800-747-3733.
Damages Available After a Distracted Driving Accident
The damages available after a distracted driving accident are similar to those available after a typical crash. You may be entitled to any of the following:
- Medical bills, both current and future
- Lost wages
- Lost earning capacity, if your accident caused you to take a lesser-paying job, work fewer hours, or retire completely
- Any home or vehicle renovations (e.g., widened doorways for a wheelchair, handbrakes for your car, etc.)
- The costs of hiring help around the house for tasks you performed before the accident
- Miscellaneous expenses, such as travel costs to get to and from doctor’s appointments
- Pain and suffering
- Mental anguish
- Loss of consortium
- Lost quality of life
Recovering Compensation for Your Distracted Driving Accident Injuries
To recover the compensation you deserve, you must prove negligence. Doing so requires establishing the following four elements:
- Duty of care: The driver had an obligation to behave in a certain way to keep you from harm.
- Breach of duty: The driver breached that duty by behaving carelessly. In this case, that careless behavior involves distracted driving.
- Causation: The distracted driver caused your accident and injuries.
- Damages: You suffered physical, financial, or emotional injuries.
Proving the At-Fault Driver Was Distracted Before the Accident
Establishing breach of duty and causation are usually the most challenging. This is because most drivers will be hesitant to admit they were distracted at the time of the accident. There are a few ways to prove the driver behaved negligently:
You Saw the Distracted Driver
If you were a passenger, you may have seen the driver’s attention being drawn away from the road ahead. You may have seen the driver of the car talking on his cell phone, texting, eating, or otherwise focusing on another activity shortly before he veered into your lane.
Another Witness Spotted the Distracted Driver
Another motorist may have seen the driver engaging in a distracting behavior before or at the time of the accident. A passenger in the distracted driver’s vehicle may have seen something and be willing to report what he or she saw, particularly if the passenger was also injured in the collision.
Cell Phone Records May Show the Driver Was Talking on the Phone or Texting
A personal injury lawyer at the Law Offices of Anidjar & Levine may be able to obtain phone records that can show a driver was on the phone or texting at the time of the accident. This information may be helpful in achieving a settlement or a better result at trial.
Videos May Have Recorded the Distracted Driver
Another motorist or passenger in the distracted driver’s vehicle may have made a video with his cell phone. A surveillance camera at a business may have a shot of the distracted driver. A police dash cam may have caught the distracted driver in the act. A traffic camera in the right location may show the driver acted in a distracted manner.
Our investigator will pursue all avenues necessary to show the driver of the vehicle that struck your vehicle was distracted.
The Insurer Is Claiming I Caused the Accident. What Do I Do?
Unfortunately, proving the driver was distracted is not enough. We must also show you did not cause or contribute to it.
Our attorneys have spent decades honing their approach to personal injury cases and the difficulties related to them. Because our team has spent many years dealing with injury cases and, by default, insurers, we know the tricks they try to use to devalue or deny claims. We are prepared for them and will defend you against them.
These tactics might involve any of the following:
Getting You to Admit Fault
Insurance adjusters receive specialized training to trick vulnerable accident victims into saying certain things they can twist to fit the insurance company’s narrative. Many accident victims say, “I’m sorry” after an accident, purely because they are sorry the accident happened. Unfortunately, the adjuster can use this as an admission of fault.
Tricking You into Admitting You Falsified or Exaggerated Your Injuries
This trap is even easier to fall into. When the adjuster asks how you are doing, you might respond that you are doing fine or that you are OK. The adjuster can twist this statement and claim you admitted that you were uninjured.
Talk to a Melbourne Distracted Driving Accident Lawyer Today — for FREE
If you or a loved one was involved in a distracted driving crash, contact the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation.
We Can Help.