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3 FAQs About Distracted Driving Car Accident Claims

If you were hurt in a car accident with a distracted driver, you may be entitled to compensation for all resulting damages. If your injuries are serious and you intend to bring a personal injury claim against the at-fault motorist, you’ll need strong evidence to prove liability. There are also steps you’ll have to take and mistakes you must avoid to give your case the best possible chance of success.

Read on to learn the answers to three frequently asked questions about distracted driving accident claims:

1. How can I Prove a Driver was Distracted While Behind the Wheel?

There are many types of evidence an attorney might use to prove liability after a distracted driving accident. Examples include:

  • Cell phone records;
  • Social media posts published by the at-fault driver just before the crash;
  • Eyewitness testimony;
  • Dash cam recordings;
  • Footage from surveillance cameras near the scene; and
  • The official police report.

Gathering this evidence can take time, and it may be necessary to apply legal pressure to collect evidence that’s being withheld. An experienced car accident lawyer can help you obtain all available evidence of liability.

2. What Kinds of Damages can I Pursue?

If you were hurt by a distracted driver in Florida, you may be able to recover compensation for:

  • Medical bills;
  • Lost wages;
  • Lost benefits;
  • Loss of future earning capacity;
  • Property damage;
  • Home care;
  • Child care;
  • Domestic help;
  • Alternative transportation;
  • Home and/or vehicle modifications;
  • Pain and suffering;
  • Emotional distress; and
  • Hedonic damages.

Depending on the circumstances, your attorney may also advise you to seek punitive damages. To recover punitive damages, it must be shown that the defendant acted with gross negligence, which means an indifference or disregard for your life, rights, or safety. Because the dangers of certain types of driver distractions—such as texting or browsing social media on a cell phone—are so well known, engaging in such behaviors may constitute gross negligence.

3. What Should I do Following a Distracted Driving Accident?

If you’re struck by a distracted driver, the steps you take in the immediate aftermath and over the days and weeks that follow could have a major impact on the outcome of your personal injury claim. Here are a few of the most important tasks to complete after you leave the scene:

  • Get an official medical diagnosis;
  • Call a personal injury attorney;
  • Deactivate your social media accounts so the insurance adjuster cannot browse through your posts for evidence to use against you;
  • Follow the instructions of your medical providers exactly; and
  • Direct any correspondence from the insurance company to your attorney.
Call 772-266-5555 to Speak with a Car Accident Lawyer in Florida

If you sustained serious injuries in a collision with a distracted driver, contact Donaldson & Weston. We’ve helped hundreds of clients in personal injury and wrongful death cases, giving us a level of experience and knowledge that few law firms possess. Call 772-266-5555 or fill out our Contact Form to schedule a free consultation with a car accident attorney 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.