Distracted driving is illegal in Florida, as taking your eyes off the road and hands off the wheel can lead to deadly accidents. Unfortunately, drivers still violate this traffic law and put the lives of others at risk in Jacksonville. Victims end up with costly bills for medical treatment and property damage or even the loss of a loved one.
If a distracted driver caused your injuries in Jacksonville, Ben Crump Law, PLLC can help get your expenses covered. A Jacksonville distracted driving accident lawyer can also help bring the distracted motorist to justice for their negligence. Call (800) 598-7557 to discuss your legal concerns with the team.
No-Fault Rule for Injuries in Jacksonville Car Accidents
Florida has a no-fault policy for auto accidents, according to Florida Statutes §627.7407, which means that you cannot file a claim against the liable driver for your injuries. Instead, you can only use your mandatory Personal Injury Protection insurance first to have your medical bills and other injury-related expenses covered. If a family member died in the crash, PIP coverage could pay for funeral expenses as well. It will also cover the costs regardless of who is at fault in the car accident.
Keep in mind that PIP only takes care of your injury costs. But the no-fault rule does not extend to property damage. If your car has any damage from the accident, you can file a third-party insurance claim with the other driver’s property damage liability coverage.
For a free legal consultation with a distracted driving accidents lawyer serving Jacksonville, call 800-598-7557
Becoming Eligible for Injury Liability Coverage and Lawsuits
Fortunately, the state does not completely bar you from filing an injury claim to avail of the distracted driver’s liability coverage. You could do so if the accident caused injuries such as broken bones, permanent disabilities, and severe disfigurement.
You may encounter some challenges with your insurance claim. The at-fault driver’s insurance provider is not on your side, and they may try to downplay their client’s responsibility in the accident. Doing this helps them lower the amount they have to pay you. Moreover, bodily injury coverage is only optional in Florida. There is a chance that the motorist at fault does not carry it.
If this happens, you can also file an accident lawsuit. The civil court will review the case and determine how much you deserve to recover in damages. The driver has to pay you whatever amount the judge orders them to, even if they have to do it out of their pocket.
If you meet the conditions allowing you to take legal action against the liable driver, a Jacksonville distracted driving accident lawyer can help form your claim or case. They can assist in getting evidence such as eyewitness reports or highway surveillance footage. The attorney is also familiar with Florida and Jacksonville laws and can check for other traffic violations that you could use to prove the distracted driver’s negligence further. They can also speak on your behalf with the insurance company or at court to help give a better chance of obtaining the settlement you deserve.
To consult with Ben Crump Law, PLLC, you may send your case details through this website. You can also call for other inquiries.
Jacksonville Distracted Driving Accident Lawyer Near Me 800-598-7557
Recoverable Damages in a Distracted Driving Accident Case
The two main types of damages you can receive in your accident suit are economic and non-economic damages. Economic damages will help cover your accumulated expenses, such as hospitalizations, surgeries, medications, and lost income. Meanwhile, non-economic damages serve as compensation for abstract costs, such as psychological trauma and disabilities.
Determining how much you can recover for your case is difficult, especially since Florida does not have a formula for calculating non-economic damages. It is usually done by multiplying your economic damages by a certain value based on the severity of your pain and suffering. For example, if you suffered from multiple bone fractures or spinal cord damage, your noneconomic damages might be three or four times your economic damages. You can work with a Jacksonville distracted driving accident lawyer in getting a raw estimate by having them evaluate the extent of your injuries.
Your recoverable damages may also get reduced because of Florida’s comparative negligence rule, according to Florida Statutes §768.81. Although the distracted driver may share most of the fault in the Jacksonville accident, the court may still find you partly liable. The%age of fault you share will be the same value deducted from your total amount of compensation. Suppose that you were slightly over the speed limit when you collided with the other car. The jury then deems you 35% responsible, which means you will now only get 65%. If the liable motorist initially owed you $120,000, you would only recover $78,000.
Having the accident attorney help gather as much evidence as possible may reduce the amount of liability placed on you, increasing the reimbursement you can get from your case.
Complying with the Statute of Limitations
Florida Statutes §95.11 is one of the most important requirements you need to follow, as it contains the deadlines for filing your Jacksonville accident lawsuit. The civil court does not entertain cases that exceed their time limit. But there are cases wherein the statute of limitations is tolled, under Florida Statutes §95.051. For instance, if the at-fault driver left Florida to escape any charges, the statute timer will only resume running when they return to the state.
Since the Jacksonville distracted driving accident lawyer knows the state laws related to your injury, they can also help determine your case’s filing deadline. They will factor in any tolling exceptions when checking the due date. Their assistance in forming your case can also help ensure that you can file the case within the allotted time.
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Get Started with Seeking Compensation Today
Car accidents caused by distracted driving can leave you with debilitating injuries and vehicle damage that could cripple your finances. Ben Crump Law, PLLC is here to find ways for you to get compensated for your expenses. We have a Jacksonville distracted driving accident lawyer who can guide you throughout the procedures in your claim or case, from finding evidence to negotiating with the distracted driver’s insurer.
Besides auto accidents, our attorneys also work with clients on other civil cases such as class actions and security litigations. As we operate on a contingency basis, our lawyers do not charge fees if you do not win your case. For inquiries, you can send our team a message through this site or call our office anytime at (800) 598-7557. We are here 24/7 to accommodate your concerns.