Driving requires a motorist’s full attention, but distractions can take that attention away in an instant. When distracted driving causes a collision in Davie, victims may be left with serious injuries and uncertainty about what to do next. If another driver’s distraction contributed to your crash, a Davie distracted driving accident lawyer can help you pursue compensation.
At The Schiller Kessler Group, we have represented injured people throughout Florida for more than three decades. Our attorneys understand the physical, financial, and personal consequences a serious collision can create and are prepared to help you understand your legal options. Contact us today to schedule a free case review with a Davie car accident lawyer.
Establishing Fault After a Distracted Driving Accident in Davie
Determining who caused a collision is an important part of pursuing a personal injury claim. Even when the circumstances seem straightforward, you generally must establish that another party was negligent and that the negligence caused your injuries and resulting losses.
A Davie personal injury lawyer can investigate the circumstances surrounding your accident and work to identify evidence that supports your claim.
Distracted driving can involve many different behaviors. Common examples include:
- Reading, sending, or responding to text messages
- Checking social media, email, or other applications while driving
- Talking on a handheld cellphone
- Eating, drinking, applying makeup, or performing other personal tasks
- Entering information into a GPS or changing music
- Adjusting the radio, air conditioning, or other vehicle controls
- Turning to speak with passengers instead of watching traffic
- Looking at an accident, business, construction activity, or another roadside event
Florida law specifically addresses texting while driving, but a distracted driver does not necessarily have to violate a particular traffic statute for their conduct to support a negligence claim. Motorists have a responsibility to operate their vehicles with reasonable care. If a driver allows a distraction to interfere with that responsibility, they may be liable for any damages.
More people choose The Schiller Kessler Group because they know that we're a cut above other personal injury law firms.
Why Comparative Negligence Matters in a Florida Injury Claim
Florida uses a modified comparative negligence system when determining damages in many personal injury cases. With this system, your percentage of responsibility for an accident can affect the amount of compensation you are able to recover.
If you are found to be more than 50 percent responsible for the accident, you generally cannot recover damages under Florida’s modified comparative negligence rule. If you are 50 percent or less responsible, you may still recover damages, but your award is reduced according to your percentage of fault.
For example, if your total damages were determined to be $100,000 and you were found 20 percent responsible, your recovery could be reduced by 20 percent to $80,000. The specific circumstances of your case will determine how comparative negligence applies. Insurance companies often attempt to shift blame onto injury victims to reduce their financial obligation.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
How a Distracted Driving Accident Attorney in Davie Can Help
After a crash, your primary concern should be getting medical treatment and figuring out how to handle the disruption to your life. At the same time, an insurance company may ask for information about the accident or request a statement about your injuries. Managing these issues while recovering can be difficult.
A Davie distracted driving accident attorney can handle many of the legal and insurance-related responsibilities associated with your claim. At The Schiller Kessler Group, our attorneys may:
- Investigate the circumstances that led to the collision
- Review police reports, photographs, videos, and other accident evidence
- Identify and interview witnesses who observed the crash or the driver’s conduct
- Examine available cellphone or electronic records when appropriate
- Work with accident reconstruction professionals when the circumstances warrant it
- Determine whether another person or company may share responsibility for the collision
- Assess medical expenses, lost income, property damage, and other losses
- Consider the potential impact of your injuries on your future
- Communicate and negotiate with insurance companies on your behalf
- Prepare to take your case to court when a fair resolution cannot be reached
Our attorneys take the time to understand how your injuries have affected your life so we can pursue the compensation available under the circumstances of your claim.
Time Limits for Filing a Distracted Driving Injury Lawsuit in Florida
Florida law generally gives injured individuals two years from the date of a negligence-based accident to file a personal injury lawsuit. Missing the applicable deadline can prevent you from pursuing compensation through the courts, even when you believe another driver was clearly responsible.
It is generally wise to discuss your situation with an attorney as soon as reasonably possible after a collision. Acting promptly may also make it easier to preserve evidence. Delays can result in evidence being lost or corrupted. Meanwhile, witnesses can also become harder to locate or may have difficulty remembering details as time passes.
Early legal involvement can allow your attorney to begin investigating the accident, documenting your injuries, communicating with insurers, and identifying potential sources of evidence before those opportunities become more difficult.
The Cost of Hiring a Distracted Driving Accident Lawyer
A serious collision can create financial pressure long before an injury claim is resolved. Medical expenses, vehicle repairs, lost wages, and other costs may leave you concerned about whether you can afford legal representation.
At The Schiller Kessler Group, we represent qualifying personal injury clients on a contingency fee basis. This means you do not have to pay an attorney fee upfront to have our team handle your case.
Our fee is based on a percentage of the compensation we recover for you under the terms of our agreement. If we do not recover compensation for you, you do not owe us an attorney fee. This arrangement allows injured people to seek legal representation without having to pay by the hour while their claims are being pursued.
Reach Out to a Distracted Driving Accident Lawyer Serving Davie Today
If you or someone you love was injured because another driver was distracted in Davie, The Schiller Kessler Group is prepared to help you understand your rights and options. For more than three decades, our attorneys have represented injured people throughout Florida and worked to hold negligent parties accountable.
Contact us today to arrange a free, no-obligation consultation. We can discuss the circumstances of your accident, explain the legal process, and help you determine what steps may be appropriate for pursuing compensation.
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