A momentary lapse in attention behind the wheel can have devastating consequences. When a distracted driver causes an accident, those involved may be left with painful injuries and mounting expenses. If you were injured because another motorist was distracted, a West Palm Beach distracted driving accident lawyer may be able to help you pursue compensation.
The Schiller Kessler Group has represented injured people throughout Florida for more than three decades. Our attorneys understand how a serious crash can interfere with your health, employment, finances, and everyday life. Contact us today for a free case review with a West Palm Beach car accident lawyer to discuss your situation.
What You Will Need To Establish To Recover Compensation Through a West Palm Beach Distracted Driving Accident Claim
Determining why a collision occurred can be an important part of an injury claim. While you may believe another driver was distracted, proving legal responsibility generally requires evidence demonstrating that the motorist failed to act with reasonable care and that this failure contributed to the accident and your resulting injuries.
A West Palm Beach personal injury lawyer can examine the circumstances surrounding your collision and identify evidence that may help establish negligence.
Distraction behind the wheel can occur in numerous ways. Examples of potentially distracting conduct include:
- Reading or sending text messages while operating a vehicle
- Checking email, social media, or other cellphone applications
- Holding a phone to make or receive a call
- Eating, drinking, applying makeup, or handling personal items
- Programming a GPS or entering information into a navigation system
- Selecting music or operating an entertainment system
- Adjusting the radio, air conditioning, or other dashboard controls
- Becoming distracted by conversations with passengers
- Watching construction, roadside activity, advertisements, or another crash
Florida prohibits texting while driving, but a negligence claim does not necessarily depend on proving that the other motorist violated a particular traffic law. Drivers have a general obligation to exercise reasonable care when operating their vehicles. If a driver’s distraction causes them to drive unsafely and results in a collision, the circumstances may support a claim for damages.
More people choose The Schiller Kessler Group because they know that we're a cut above other personal injury law firms.
The Impact of Comparative Negligence on Your Claim
Florida uses a modified comparative negligence system in many personal injury cases. Under this system, your own percentage of responsibility for an accident can affect whether you may recover damages and, if so, the amount of your recovery.
If you are found to be more than 50 percent at fault, you generally cannot recover damages. If you are found to be 50 percent or less responsible, you may recover damages, but your award can be reduced in proportion to your percentage of fault.
For example, if your losses were valued at $100,000 and you were determined to be 30 percent responsible for the collision, your potential damages could be reduced by 30 percent, resulting in a $70,000 recovery. Insurance companies may investigate an accident with their own financial interests in mind and may attempt to attribute some responsibility to an injured person.
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 Lawyer Serving West Palm Beach Can Help
After a collision, you may have to miss work, arrange transportation, repair or replace your vehicle, keep up with medical appointments, and communicate with insurance companies. Trying to handle a legal claim on top of these responsibilities can be overwhelming.
A distracted driving accident attorney can manage many of the tasks involved in pursuing compensation. At The Schiller Kessler Group, our attorneys may:
- Investigate the events leading up to your accident
- Examine police reports, photographs, videos, and other available evidence
- Identify and speak with people who witnessed the collision
- Seek relevant cellphone or electronic records when appropriate
- Consult accident reconstruction professionals when necessary
- Investigate whether another individual or business may also be responsible
- Review medical expenses and other financial losses
- Calculate lost wages and consider potential future income losses
- Assess how your injuries have affected your daily life
- Handle communications with insurance companies
- Negotiate on your behalf for an appropriate settlement
- Prepare your case for court if the insurance company will not offer a reasonable resolution
Our attorneys consider your individual circumstances when developing a legal strategy for your case. We will review the nature and severity of your injuries, the treatment you require, the amount of work you miss, and the long-term effects of the collision.
Time Limits for Filing a Distracted Driving Accident Claim
Florida law generally gives an injured person two years from the date of a negligence-based accident to file a personal injury lawsuit. If you fail to bring a lawsuit within the applicable deadline, you may lose the ability to seek compensation through the courts.
Acting quickly may also provide more opportunities to preserve evidence. Surveillance recordings can be overwritten, electronic information may become unavailable, and physical evidence can change or disappear. Witnesses may also become difficult to locate or have trouble remembering exactly what they observed.
By beginning an investigation promptly, your attorney may have a better opportunity to document the accident and gather available evidence before it is lost or corrupted.
The Cost of Hiring a Distracted Driving Accident Lawyer After a Collision in West Palm Beach
The financial strain following a serious accident can make obtaining legal representation seem difficult. However, qualifying personal injury clients can hire our attorneys on a contingency fee basis. With our fee system, you do not have to pay our attorneys upfront for us to pursue your claim.
Instead, our fee is calculated as a percentage of the compensation we recover for you, according to 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 work on your case.
This arrangement can allow injured people to obtain legal representation without having to pay a substantial attorney fee at the outset of their claim.
Reach Out to a Distracted Driving Accident Attorney in West Palm Beach Today
If you or a loved one was injured in a distracted driving accident in West Palm Beach, The Schiller Kessler Group can help you understand the potential avenues for pursuing compensation. With over 30,000 clients served, our attorneys are prepared to investigate your claim and advocate on your behalf.
Contact us today for a free, no-obligation consultation. We can discuss what happened, answer your questions, and explain the legal options that may be available based on the circumstances of your accident.
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