Distracted driving is a serious threat to the safety of all drivers on Melbourne’s busy roads and highways. Every day, motorists remove their focus from the task of driving, and in doing so, they endanger themselves, their passengers, and everyone around them. When a driver’s inattention leads to a serious crash, a Melbourne distracted driving accident lawyer can help.
At The Schiller Kessler Group, our team is committed to standing up for victims of distracted driving accidents. With more than thirty years of legal experience, we work tirelessly for individuals who have suffered harm due to negligent drivers. To better understand your rights and legal options, schedule a free case review with a Melbourne car accident lawyer today.
Establishing Fault Following a Distracted Driving Accident in Melbourne
Identifying who is responsible for an auto collision is one of the most critical elements of the personal injury process. Even in situations where it initially appears obvious that another driver’s recklessness triggered the accident, it’s still necessary under Florida law to clearly demonstrate negligence.
A dedicated Melbourne personal injury lawyer can work to establish negligence so you can recover fair compensation for your losses.
Distracted driving takes many forms, including:
- Typing messages, checking email, or browsing social media feeds
- Holding a cellphone for calls instead of using hands-free technology
- Eating, drinking hot beverages, or grooming while operating a vehicle
- Adjusting navigation systems, dashboard controls, playlists, or climate features
- Becoming overly engaged in conversations with passengers
- Gazing at roadside advertisements, construction zones, or other visual distractions
Although Florida explicitly prohibits texting while driving, state law recognizes that distraction isn’t limited to violations of the texting statute. A driver may be held legally responsible if they fail to exercise reasonable caution while operating a motor vehicle. In other words, a driver can still be considered negligent even if they did not break a specific traffic law.
The Role of Florida’s Modified Comparative Negligence Rule
Florida follows a modified comparative negligence standard. Under this rule, your ability to recover compensation depends on your percentage of fault for the crash. If you are found to be more than 50 percent at fault, you cannot obtain damages.
However, if your share of fault is 50 percent or less, you may still recover compensation, but your award will be reduced proportionally to your level of responsibility.
Because insurance companies frequently try to shift blame to reduce payouts, having a Melbourne distracted driving attorney who can thoroughly evaluate the evidence is essential.
More people choose The Schiller Kessler Group because they know that we're a cut above other personal injury law firms.
How a Distracted Driving Accident Attorney in Melbourne Can Support You
Following a serious collision, victims often face overwhelming medical needs, financial strain, and emotional turmoil. Trying to manage insurance calls, paperwork, and negotiations while recovering from injuries can feel impossible. Because of this, the support of an experienced legal representative can be invaluable.
At The Schiller Kessler Group, our Melbourne distracted driving accident lawyers manage every aspect of your claim so that you can focus on your physical and emotional recovery. Our comprehensive representation may include:
- Conducting an in-depth investigation into how the crash occurred
- Analyzing police reports, electronic data, traffic camera footage, and phone records
- Interviewing eyewitnesses and working closely with accident reconstruction spewcialists
- Identifying any additional liable parties, such as employers, in commercial driving cases
- Calculating your economic and non-economic damages, including future losses
- Dealing with insurance companies and negotiating for a fair settlement
- Preparing your case for court if the insurer refuses to offer reasonable compensation
We understand that every client faces unique challenges. Our attorneys take time to learn about your injuries, your concerns, and your goals. This personalized approach allows us to craft a tailored legal strategy aimed at maximizing the compensatory damages you are able to recover.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
The Statute of Limitations for Distracted Driving Injury Claims in Florida
Florida law limits how long victims have to file a lawsuit after a car crash. In most personal injury cases, you have two years from the date of the accident to initiate legal action. If you miss this deadline, you may permanently lose the right to recover damages through a personal injury claim, even if the other driver’s negligence is indisputable.
Taking quick action after your Melbourne collision can significantly strengthen your claim. Early involvement gives our legal team the opportunity to:
- Preserve vital evidence such as cellphone data, which may be erased or overwritten
- Interview witnesses before memories fade
- Document the crash scene and consult expert analysts
- Challenge insurers’ attempts to downplay or deny your injuries
The earlier you contact a Melbourne distracted driving attorney, the better positioned we are to protect your rights and build a strong case on your behalf.
Our Lawyers Only Get Paid if You Recover Compensation for Your Losses
We know how quickly costs can add up after a serious accident. Between medical bills, car repairs, and time away from work, many families feel overwhelmed. That’s why we don’t charge anything upfront. Our firm works on a contingency basis, so you only pay us if we recover compensation for you.
Charging clients in this manner means that if you hire us, we are paid only if we win compensation on your behalf. You pay no upfront fees to obtain our services, and there are no hourly rates or surprise expenses.
If we do not secure a settlement or verdict in your favor, you owe us nothing. Our fee is simply a pre-agreed percentage of your final recovery, taken directly from the funds we obtain. This arrangement aligns our interests with yours and ensures that every client receives dedicated, motivated legal advocacy.
Let Our Distracted Driving Accident Lawyers Serving Melbourne Stand Up for You
Distracted driving collisions can leave victims coping with painful injuries, financial disruption, emotional distress, and long-term uncertainty. At The Schiller Kessler Group, we have helped tens of thousands of Floridians get their lives back on track after devastating accidents caused by negligent drivers.
Seek legal support as soon as possible if you or someone you love was harmed in a distracted driving accident in Melbourne or the surrounding communities.
Contact us today for a free, no-obligation consultation. Let our experienced attorneys protect your rights, pursue accountability, and fight for the compensation you need to move forward.
Injured? Call The Aggressive Attorneys Today