Michael Damaso / 09-01-2021 / Car Accident

How is Liability Determined in a Florida Distracted Driving Accident?

Distractions while driving are plentiful. Whether drivers adjust the radio, talk with passengers, are on their cell phones, or the like, these are all considered different forms of distracted driving. Drivers who take part in these distractions can cause severe injuries and property damage to themselves and others on the road.

If you have been injured at the hands of a distracted driver, you may be entitled to compensation for your injuries. At Wooten, Kimbrough, Damaso & Dennis, PA, we are prepared to represent you in your personal injury case.

Distracted Driving Laws In Florida

In the state of Florida, there are no laws that ban distracted driving. It is considered a no-fault state when it comes to insurance purposes. However, Florida maintains a comparative fault law. Under this law, victims can sue the distracted driver for recoverable damage. Your insurance company may cover a portion of damages associated with the incident, but they may not cover everything.

How Can a Florida Distracted Driving Lawyer Help?

Car accident lawyers can help you navigate your legal case. They will collect all evidence surrounding the case, including:

  • Interviewing eyewitnesses
  • Gathering evidence of distracted driving by the defendant
  • Collecting medical records that document the injuries sustained
  • Investigating the accident to determine liability, fault, and negligence

Your lawyer will put together the evidence to create a case that may help you receive compensation for your injuries. Then, if applicable, they will negotiate a settlement out of court and file a personal injury or wrongful death lawsuit.

What Kinds of Recoverable Compensation Are There in Florida Distracted Driving Cases?

You may be able to pursue compensation following a car accident. If you were injured in a car accident at the hands of a distracted driver, recoverable damages might include:

  • Medical treatments
  • Medications
  • Medical care, both current and future
  • Emergency treatment and transportation
  • Expenses related to rehabilitation and therapy
  • Property damage
  • Loss of income, both current and future
  • Emotional anguish
  • Pain and suffering
  • Loss of enjoyment

According to state law regarding personal injury lawsuits, victims must file a lawsuit within two years of the accident. If your case is filed outside of these limitations, it will be dismissed. Additionally, wrongful death lawsuits must be filed within two years of the passing of your loved one.

Set Up a Consultation with a Florida Distracted Driving Lawyer Today

If you or a loved one has been involved in an accident that resulted in an injury, you may be able to pursue compensation. A skilled personal injury lawyer can help you navigate the state’s laws surrounding, thus easing your stress and allowing you to focus on healing.

Here at Wooten, Kimbrough, Damaso & Dennis, we have helped countless victims recover millions of dollars in compensation. With 50 years of experience as personal injury attorneys, we are here to help you. For a free consultation, visit our website and fill our easy contact form, or call (407) 843-7060.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.