Distracted driving is one of the most common causes of car accidents on West Palm Beach roadways. Because distracted driving is against the law, an accident caused by distracted driving can lead to criminal and civil consequences. In Florida, if an individual causes harm to another roadway user while committing an unsafe and illegal action, they are liable for compensating the financial and psychological costs of the victim.
If you have been seriously injured due to a distracted driver, an experienced West Palm Beach distracted driving accident attorney from Eltringham Law Group can help you understand the process of filing a personal injury claim. We can also answer the questions you have about your claim and tell you more about the legal services we can provide as you navigate the process.
Seeking Compensation After a West Palm Beach Distracted Driving Accident
Because you’re in Florida, the personal injury protection (PIP) policy you were required to purchase in order to register your car in the state will likely be your first option for obtaining compensation for the expenses of your injury. This policy will provide partial coverage of wage loss and medical expenses associated with the injury, up to the policy’s limits. However, most people’s PIP policies are for the minimum required amount of $10,000, which isn’t much when it comes to treating serious injuries.
However, if your injury meets the state’s serious injury threshold due to the permanent impacts it has on your life, you are permitted to bypass the PIP claims process and seek compensation from the at-fault party’s liability insurance policy. If the insurance provider fails to fairly compensate your claim, you can file a personal injury lawsuit in West Palm Beach. If the claim is not resolved by settlement before trial, it will be presented to a judge or jury, and they will determine liability and compensation.
Proving the Distracted Driver Was Liable for Your Injuries
While there are many things that can distract a driver visually, manually, or cognitively, one of the most dangerous activities involves texting and other cell phone use while driving. This is because cell phone use presents all three types of driving distractions: the driver looks away from the road, takes a hand from the wheel, and focuses on something other than what is happening on the roadway. The Florida Ban on Texting and Driving Law allows law enforcement to stop drivers that they see texting while behind the wheel in certain places, such as work zones and school zones, and also indicates that distracted drivers who cause accidents may be held liable.
To prove that the distracted driver is the liable party in your accident, you must show the following:
- The driver had a duty to protect you from physical harm or vehicle damage by driving safely and legally.
- The driver breached their duty to you when they chose to drive while distracted, which is neither safe nor legal.
- The breach resulted in the accident in which you sustained injuries and property damage.
The types of evidence that can prove a distracted driving accident claim include the reports of eyewitnesses who saw the accident occur, video surveillance footage from nearby businesses, and phone records showing a text or other type of communication was sent or received by the driver’s phone in proximity to when the crash occurred.
The Type of Compensation Available for West Palm Beach Car Accident Claimants
Car accident injuries often result in major expenses and profound impacts on the injured person’s quality of life. You can seek compensation for the financial and psychological costs that you incurred from the accident through your personal injury claim. Here are some of the common expenses and impacts that you may be able to claim after a West Palm Beach distracted driving accident.
Economic damages include the expenses that you incurred due to the accident. They include the past and future medical expenses incurred to treat the injury and its related complications. Wage loss for the time you missed from work due to the injury can also be claimed, as well as loss of future earning capacity if your injury caused permanent deficits that impact your ability to earn an income.
While the injury you sustained is the main focus of the claim, you are permitted to seek compensation for the cost of repairing or replacing the vehicle you were driving when the accident occurred. You can also claim compensation for any other damage to personal property that was sustained in the crash.
Not all the costs associated with a distracted driving accident are monetary. Serious injuries also cause quality-of-life impacts such as physical pain and suffering, emotional distress, and loss of enjoyment of life. You can seek compensation for these impacts through your personal injury claim.
How a Distracted Driving Accident Lawyer in West Palm Beach Can Help You with Your Claim
A distracted driving accident attorney in West Palm Beach from Eltringham Law Group can provide a number of services to assist you in obtaining compensation through the personal injury claim process. These services start with a no-cost, no-obligation case evaluation where you can obtain answers to the questions you have about your case and learn more about our firm. If our team begins working with you on your claim, we will conduct a thorough investigation to gather the evidence needed to prove liability and show the expenses incurred.
Because we work on a contingent fee basis, you do not have to pay for the services of our legal team until your claim has been compensated through a settlement or award. This ensures that anyone who needs the assistance of a West Palm Beach distracted driving accident lawyer is able to afford our services. To learn more, contact us today.