Over Millions in Verdicts & Settlements For Our Clients
$12 Million Boating Accident
$7 Million Automobile Accident
$3.7 Million Slip and Fall
$3.5 Million Motorcycle Accident
$2.5 Million Pedestrian Accident

3 FAQs About Car Accident Claims Involving Texting While Driving

Distracted driving was responsible for 3,450 traffic fatalities in 2016 alone. There are countless distractions vying for your attention whenever you get behind the wheel, but texting is one of the most dangerous.

Reading or sending text messages takes your eyes off the road, your hands off the wheel, and your attention off the traffic around you. In other words, for those who regularly text while driving, causing an accident isn’t a question of if but, rather, of when.

If you were hurt in a collision caused by someone who was texting while driving, you may be wondering how to prove it. To discuss your case and determine the most strategic way to proceed, contact Donaldson & Weston. Call 772-266-5555 to schedule a free case evaluation with a car accident lawyer in Florida.

Read on to learn the answers to some of the most frequently asked questions about car accident claims involving texting while driving:

How Can I Prove a Motorist Was Texting Behind the Wheel?

Proving someone was texting while driving can be challenging. Valuable evidence might include eyewitness testimony, surveillance recordings, and cell phone records. Some of this evidence can be difficult to gather without applying legal pressure. This is where an attorney can help.

Back to Top

What Kinds of Damages Might Be Recoverable After a Distracted Driving Accident?

If you get hurt in an accident with a distracted driver, you may be entitled to compensation for economic, non-economic and, in some cases, punitive damages. Economic and non-economic damages may include:

  • Hospital bills;
  • Ongoing medical expenses;
  • Transportation to and from appointments;
  • Lost income and benefits;
  • Loss of earning capacity;
  • Property damage;
  • Home care;
  • Domestic help and/or child care;
  • Home and vehicle modifications;
  • Emotional distress;
  • Loss of consortium;
  • Loss of enjoyment in life; and
  • Pain and suffering.

Punitive damages are only available when a defendant acted with intentional malice or gross negligence that demonstrates a wanton disregard for the rights of others. Because the dangers of texting while driving are so well known, doing so may constitute gross negligence and warrant a punitive award.

Back to Top

How Long Do I Have to File a Lawsuit After an Accident with a Distracted Driver?

In the state of Florida, accident victims typically have four years from the date on which the incident occurred to file a formal lawsuit. This may seem like a considerable amount of time, but in cases involving texting while driving, some of the most valuable evidence is often time-sensitive. Also, the sooner your attorney can investigate your accident, the stronger your case will likely be during settlement negotiations.

Back to Top

Call 772-266-5555 to Speak with a Car Accident Attorney in Florida

If you sustained serious injuries in a wreck with someone who was texting while driving, turn to Donaldson & Weston. We are committed to protecting the physical, emotional, and economic wellbeing of our clients. Call 772-266-5555 or use our Online Contact Form to set up a free consultation with a personal injury lawyer in Florida.

What Our Clients Say
The attorneys at Donaldson & Weston helped me get an amazing result on my case. Obviously I’ve been through a lot physically but I feel better now and the money really helped my family. When I was riding my bicycle I was hit by a truck that wasn't paying attention. I am not the suing type, but I would definitely hire this firm again. - M.P.
After my accident, i felt like I was being pulled in a bunch of different directions. I really didn't know what to do and all I wanted was someone to shoot me straight. The lawyers at the firm were so honest and definitely pointed me in the right direction. The staff was professional. I think it’s great that only attorneys work on my case, it definitely made me feel comfortable - D.L.
After my accident happened I waited to hear back from the insurance company for about 6 months. I just felt like they kept jerking me around. They even told me not to hire an attorney because it would mean less money in my pocket. I couldn't wait any longer because my bills were out of hand. I hired this firm and they were solid. I got a great result without having to go to court. - S.C.