Distracted Driving Accident Lawyer in Fort Myers

A driver does not have to look away from the road for long to cause a serious collision. When distracted driving leads to an accident, people in other vehicles can suffer serious injuries through no fault of their own. After a crash, a Fort Myers distracted driving accident lawyer may be able to help you seek compensation for your injuries and other losses.

At The Schiller Kessler Group, we have represented injured Floridians for more than three decades. We understand that a collision can affect nearly every part of your life, from your ability to work to your ability to care for your family. Contact us today for a free case review with a Fort Myers car accident lawyer and learn more about your legal options.

What You Need to Prove in a Fort Myers Distracted Driving Accident Case

Identifying the cause of a crash is an important first step in pursuing an injury claim. Although it may be apparent that another motorist was distracted, establishing legal responsibility generally requires evidence showing that the driver failed to use reasonable care and that this conduct contributed to your injuries and losses.

A Fort Myers personal injury lawyer can investigate what happened and help identify evidence that may support your claim.

Distracted driving can take several forms. Some common examples include:

• Sending, reading, or responding to text messages
• Browsing social media or checking email behind the wheel
• Making or taking calls on a handheld cellphone
• Eating, drinking, or grooming while driving
• Entering directions into a GPS or navigation application
• Changing music or adjusting the vehicle’s entertainment system
• Adjusting climate controls or other dashboard features
• Turning attention toward passengers instead of watching traffic
• Looking at roadside activity, advertisements, construction, or another accident

Florida law prohibits texting while driving, but distracted driving is not limited to conduct that violates a specific statute. Drivers are expected to operate their vehicles with reasonable care. When a motorist allows an avoidable distraction to interfere with safe driving and causes a collision, that conduct may provide grounds for a negligence claim.

How Comparative Negligence Can Affect a Florida Injury Claim

Florida follows a modified comparative negligence system for many personal injury claims. Under this approach, an injured person’s own percentage of responsibility can affect the amount of damages they may recover.

If you are determined to be more than 50 percent responsible for an accident, you generally cannot recover damages. When you are found to be 50 percent or less responsible, you may still recover damages, but the amount is reduced based on your share of fault.

For instance, if your damages totaled $100,000 and you were found 10 percent responsible for the accident, your damages could be reduced by 10 percent, leaving a potential recovery of $90,000.

How a Distracted Driving Accident Attorney in Fort Myers Can Help With Your Case

After a serious collision, you may need medical care while dealing with vehicle damage, missed work, insurance communications, and concerns about your family’s financial future. Trying to manage a potential injury claim at the same time can add another burden.

A distracted driving accident attorney can take on many of the responsibilities involved in pursuing your claim. At The Schiller Kessler Group, our attorneys may:

• Investigate how and why the collision occurred
• Review accident reports, photographs, video footage, and other documentation
• Locate and interview witnesses who may have observed the crash
• Examine cellphone and electronic records when they are relevant and available
• Consult accident reconstruction professionals when necessary
• Determine whether other individuals or businesses may share legal responsibility
• Review your medical expenses and other financial losses
• Calculate lost income and consider potential future losses
• Evaluate the broader effects your injuries have had on your life
• Handle communications and negotiations with insurance companies
• Prepare your claim for litigation if a reasonable settlement cannot be reached

Our attorneys understand that no two injury claims are identical, and we take the specific circumstances of your case into account when developing an approach to your claim.

Time Limits for Filing a Distracted Driving Injury Claim in Fort Myers

Florida law generally provides two years from the date of a negligence-based accident to file a personal injury lawsuit. If you allow the applicable deadline to expire, you may lose your ability to pursue damages through the court system.

For that reason, it can be important to discuss your situation with an attorney promptly after an accident. Waiting also may make it more difficult to preserve evidence that could support your claim before it is lost or corrupted. Furthermore, witnesses can also move away or have difficulty recalling specific details as more time passes.

Getting legal guidance early can give your attorney an opportunity to investigate the collision, document your injuries, identify potentially responsible parties, preserve relevant evidence, and communicate with insurers while the facts are still fresh.

The Cost of Hiring a Distracted Driving Accident Lawyer

After an accident, you may have medical bills to pay, repairs to arrange, and income you cannot earn because your injuries prevent you from working. These expenses can make the prospect of paying an attorney seem out of reach.

At The Schiller Kessler Group, qualifying personal injury clients can hire our attorneys on a contingency fee basis. Under this arrangement, you do not pay an attorney fee upfront for us to pursue your injury claim. Instead, our fee is based on a percentage of the compensation recovered under the terms of your agreement with the firm.

If we do not recover compensation for you, you do not owe us an attorney fee. You also do not have to pay hourly attorney fees while we pursue your claim. This arrangement allows injured individuals to seek legal representation without having to come up with a substantial legal fee at the beginning of their case.

Get Help From a Distracted Driving Accident Lawyer Serving Fort Myers Today

A distracted driving collision can leave you dealing with consequences that continue long after the vehicles have been removed from the roadway. If you or a loved one was injured in a distracted driving accident, The Schiller Kessler Group can help you understand your legal rights and potential options. With over 30,000 clients served, we have the experience you need.

Contact us today for a free, no-obligation consultation. We can discuss the circumstances of your accident, answer your questions, and explain the legal options that may be available based on your situation.