Though accidents can happen, even when you are careful, not giving your full attention to the road while driving is a recipe for disaster. When motorists attempt to multi-task, their reaction time slows down, and it takes longer for them to realize that they are about to crash. Whether they are talking with passengers, busy on their phones, or letting their minds wander, their actions endanger other people’s lives. Sometimes, just a few seconds of inattentive driving can end in tragedy.
If you were severely hurt by a careless driver, get in touch with a Tampa distracted driving accident lawyer today. Find out whether you have a legitimate case and take steps to preserve your legal rights. Call Ben Crump Law, PLLC, at (800) 598-7557 to schedule your free case evaluation.
Florida Laws That May Influence Your Case
After getting into an accident and suffering from serious injuries, you probably want to learn what options are available when seeking compensation for your losses. However, it is crucial to know first which state laws will have a significant impact on your case. Most personal injury suits are legally based on negligence, including those arising from distracted driving incidents. A person is negligent when they fail to take reasonable care to prevent harm to others.
Florida is one of several no-fault states that require the insurance company of a motorist to pay for accident expenses regardless of fault. If you were involved in a car crash and want to obtain compensation, you have to turn to your personal injury protection (PIP) coverage. Under certain circumstances, you can bring a claim against the other driver if the total amount of damages exceeds your coverage. The following are some relevant laws that govern driving accident cases in Florida.
Statute of Limitations
Under the 2012 Florida Statute § 95.11, you have a time limit on your legal entitlement to bring a lawsuit against a distracted driver. If you pursue compensation for your injury after the deadline, the court will almost definitely dismiss your case. In most cases, you have to initiate a civil lawsuit in Florida within four years from the date of the incident.
If the accident resulted in a family member’s passing, the filing deadline is two years from the date of death. Still, you can always discover exceptions to the rule, and this is true for the statute of limitations in the state as well. A Tampa distracted driving accident lawyer can help you comply with this deadline.
Ban on Texting While Driving
While any distraction can take away a driver’s focus, using a cell phone is one of the worst mistakes a motorist can make. Even though operating a handheld device is not yet a crime in Florida, it is illegal to text on a device while you are driving, under the 2019 Florida Statutes § 316.305. Motorists are prohibited from operating a vehicle and typing into a wireless communications device at the same time. Demonstrating that a negligent driver violated this law can be critical in the outcome of your case.
For a free legal consultation with a distracted driving accidents lawyer serving Tampa, call 800-959-1444
Proving Liability in a Driving Accident
After a distracted driving incident, obtaining fair compensation mainly depends on whether you can prove that the at-fault driver was negligent, made an error, or was generally responsible for hitting you. It is often unnecessary to show that the driver was distracted–instead, it is more vital to prove negligence. Even so, it can be challenging to establish fault despite seemingly straightforward circumstances. In demonstrating liability of the other party, you usually have to present evidence of a law violation. You can do this by gathering evidence such as police reports, witness statements, photos, other relevant documents, and traffic laws that the driver disobeyed.
Under the 2019 Florida Statutes § 627.737, your injuries should be severe enough before you can take legal action. The rules state that you have to meet specific threshold standards before you qualify to file a claim. These can include having a permanent injury, significant disfigurement or scarring, or permanent loss of a significant bodily function. However, this mostly means your losses should amount to more than $10,000. With the assistance of a Tampa distracted driving accident lawyer, you can understand more about the qualifications of pursuing a personal injury case. Call Ben Crump Law, PLLC at (800) 598-7557, to inquire about your free consultation.
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There Are Several Kinds of Compensation That May Be Available to You
Following a distracted driving accident, you may recover damages like medical costs, lost income, future wages, pain and suffering, property damage, and more. When computing for your settlement amount, Florida courts will look at several factors, like the severity of your injury, cost of care, the degree of your fault, evidence, insurance coverage, and your suffering and losses. Work with a Tampa distracted driving accident lawyer to learn more about your specific compensation.
Find Out More About How We Can Help
Securing financial damages is one of the frequent concerns of those who are suffering from the negligent actions of distracted drivers. At Ben Crump Law, PLLC, we can help you determine your legal options and take action.
Learn what a Tampa distracted driving accident lawyer can do for your potential case. Contact us today at (800) 598-7557 for more information.