Car accidents occur nearly every day, and there are many reasons why they happen. However, drivers who are distracted because they are texting are increasingly the cause of many auto accidents in the United States. A car accident lawyer, like a car accident lawyer in Longwood, FL, understands the seriousness of this problem. If you were injured because of a negligent driver, call an attorney today.
Text messaging while driving can lead to serious or even fatal accidents involving the driver and others. Texting is one of the most common forms of distracted driving, and when the driver’s attention is diverted from the road for even just a matter of seconds, it can be enough to for them to lose control of the vehicle. If you or someone you know was harmed in this way, talk to a car accident lawyer about what happened and learn how he or she can help you get the compensation you deserve from the at-fault driver.
How does my car accident lawyer prove the liability of the other driver?
When an attorney takes on a client, one of the first priorities is to establish who is responsible for causing the injury and should be liable for his or her client’s damages. From a legal standpoint, several factors must be considered and proven to be true. Your lawyer can provide more specific information as it applies to the details of your case. Here is a general overview of the criteria that must be met for a claim to be considered valid:
- The at-fault driver had a legal, moral, and ethical responsibility to drive safely and not carelessly endanger other drivers, passengers, or pedestrians. This is referred to as “duty of care.”
- The at-fault driver breached their duty of care by failing to operate their vehicle safely. If a driver is texting while behind the wheel, they are breaching their duty of care because they are not focusing on operating their vehicle safely while on the road.
- The at-fault driver’s breach of their duty of care was the direct cause of the subsequent car accident which resulted in harming you, inflicting one or more injuries which are measured by a physician.
You have the legal right to pursue compensation from the at-fault party and to hire an experienced car accident lawyer. A good attorney can help recover significant settlements for victims of accidents who suffered serious injuries through no fault of their own.
What types of damages are compensable?
After years of experience handling car accident cases, skilled lawyers are good at determining all of a client’s compensable damages and assessing value to each. It’s important to understand that damages are not limited to physical injuries; they can be of an emotional or psychological nature as well. For example, post-traumatic stress disorder may result for the victim of a car accident, and it could prevent them from driving to work. There are a wide range of possible damages from a car accident. Some of which include:
- Damages to the vehicle and personal possessions inside the vehicle such as computers, cell phones, and more.
- Income not earned while recovering from the accident injury.
- Costs for all medical treatment including future surgeries, if necessary.
- Pain and suffering.
- Loss of quality of life.
- Emotional suffering (including PTSD).
Call today to discuss your case with a skilled car accident lawyer.
Thanks to David & Philpot, P.L. for their insight into legal options after getting into an accident with someone who was texting while driving.