Distracted Driving Accident Lawyer Vero Beach
Vero Beach, FL
As technology advances, our cars have become safer than ever with features like backup cameras and lane change assist now standard on many vehicles. Yet this same technology has also resulted in far more distracted drivers – who are a major danger on the roadways. In 2023 alone, 300 people died in Florida as a result of distracted driving crashes.
If you were hit by a distracted driver, you may be able to file a lawsuit against the at-fault driver. Through this type of personal injury claim, you can recover financial compensation for your losses, including property damage, medical bills, lost wages, and emotional distress. A Vero Beach car accident attorney can help you get the compensation that you deserve for your injuries.
At Gould Cooksey Fennell, we understand how traumatic it can be to be hurt in a car accident. Our law firm takes on the big insurance companies, tirelessly advocating to help our clients achieve justice. Reach out to our Vero Beach law offices today to schedule a free initial consultation with a member of our legal team.
What Is Distracted Driving?
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving includes anything that takes a driver’s attention off the road. This can include everything from inputting an address into your GPS to eating and drinking to texting and driving.
There are three types of distracted driving:
- Visual distractions include anything that causes you to take your eyes off of the road. For example, if you check your cell phone while driving, it would be considered a visual distraction.
- Manual distractions are anything that involves taking your hands off of the wheel, such as personal grooming like applying lipstick. If you reach around to grab something that your kid dropped in the backseat, then that is a manual distraction.
- Cognitive distractions cause you to take your mind off driving, such as a heated discussion with a passenger or even letting your mind wander. This may also be referred to as a mental distraction.
In Florida, the Wireless Communications While Driving Law prohibits the use of phones and other handheld devices while driving. If a person is caught texting and driving, they could receive a citation. In addition, if they cause an accident as a result of their distracted driving, they could be held financially liable for any damages that they cause, including medical expenses, the cost for vehicle repairs, and more.
No matter what types of distraction were involved in an accident, if a person took their attention off of the road and caused an auto accident, they can be held responsible. An experienced distracted driving accident attorney can help you prove that the other driver caused your crash – and help you get maximum compensation for your injuries.
Can I File a Lawsuit for a Florida Distracted Driving Accident?
If you are injured in a distracted driving crash, you may be able to file a personal injury lawsuit against the at-fault driver. Typically, personal injury claims are based on a theory of negligence, which is a type of carelessness. You can also file a lawsuit against another driver who acted intentionally or recklessly (such as in a drunk driving accident).
The victim in a car accident case is known as the plaintiff, while the driver who caused the crash is the defendant. The plaintiff usually has the burden of proving that the defendant was at fault. To prove negligence, the plaintiff will need to introduce evidence of the following:
- Duty: the defendant owed the plaintiff a duty of care.
- Breach: the defendant violated this duty in some way.
- Causation: this violation was the cause of the accident.
- Damages: the plaintiff suffered losses as a result of the accident, such as medical costs and lost wages.
In distracted driving accident cases, a plaintiff might not have to prove negligence under a legal theory known as negligence per se. This doctrine holds that if a defendant violated a statute that was intended to protect a person like the plaintiff, then negligence is presumed. The defendant then has the burden to prove that they weren’t negligent.
Consider a situation where a driver hit a pedestrian because they were on an electronic device and failed to see the person crossing the street. Pedestrians are among the people that Florida’s texting and driving law was designed to protect, and there is clear evidence that the negligent driver broke that law. In this situation, the pedestrian wouldn’t have to prove that the driver was negligent in causing the accident – it is enough to show that the driver violated this law.
In some cases, there is direct evidence that the at-fault party violated Florida’s distracted driving laws – such as a citation from the police officer who responded to the accident scene. In other situations, your Vero Beach distracted driving lawyer will need to investigate the case further to find proof that the driver was distracted at the time of the crash – such as by getting witness statements or seeking cell phone records. Your attorney will work hard to develop the necessary evidence to support your compensation claim.
Most personal injury cases – including motor vehicle accident claims – are resolved outside of the courtroom. Typically, your case will start with a demand letter to the insurance company setting out the facts and law of the case and making a demand for financial compensation. Both sides will work to negotiate a fair settlement, often up until the eve of trial.
Even if your case is headed toward settlement, it may still be necessary to file a lawsuit to protect your legal rights. In Florida, there is a 2-year statute of limitations for personal injury cases. With a few exceptions, this means that if you don’t file a lawsuit within this time, your case will be dismissed. Filing a lawsuit doesn’t mean your case will go to trial, but it is an opportunity to continue negotiations through the legal process.
The best way to get top dollar for your distracted driving injuries is by working with a seasoned distracted driving accident attorney. Studies show that people who are represented by legal counsel recover an average of 40% more than people who represent themselves. If you want to get fair compensation for your injuries, reach out to our legal team today to schedule a free consultation with a seasoned personal injury law firm.
Compensation in a Distracted Driving Case
In any personal injury case, you may be entitled to money – known as damages – for your losses. These damages fall into 3 categories: economic, noneconomic, and punitive damages. Economic and noneconomic damages (compensatory damages) are available in every case, while punitive damages are only awarded in claims involving intentional or reckless conduct.
Economic damages pay an accident victim for their direct financial losses. They are often proven through documentation like pay stubs, medical invoices, and car repair estimates. Examples of economic damages include property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment.
Non-economic damages pay for intangible losses. You won’t necessarily get a bill for these losses, but they are just as important as economic damages. They include things like pain and suffering, emotional trauma, loss of enjoyment of life, diminished quality of life, scarring, and disfigurement.
Punitive damages may be awarded in cases where the at-fault party acted intentionally or recklessly as a way to penalize that person for their behavior. For example, if a driver was filming himself driving for social media content and caused a crash, punitive damages may be appropriate. In Florida, there is a cap on punitive damages of the greater of 3 times compensatory damages or $500,000.
Insurance companies rarely offer accident victims a fair settlement if they don’t have legal representation – even in cases where the victim suffered severe injuries. Instead, they will make a lowball settlement offer to resolve the distracted driving accident case for as little money as possible. If you want to get maximum compensation for your personal injury claim, reach out to our law offices to schedule a free consultation.
Hurt in a Distracted Driving Accident? We Can Help.
No matter how careful of a driver you are, the simple reality is that you can still be in a car accident caused by a careless driver. This is particularly true when it comes to distracted driving, as far too many people see no problem with picking up their phone while operating a motor vehicle. If you have been hurt in a distracted driving accident, our law firm will work with you to help you get fair compensation for your injuries.
Based in Vero Beach, Gould Cooksey Fennell advocates for the rights of injury victims throughout the Treasure Coast. We work hard to help our clients get justice and never charge a fee unless we recover money or you. To learn more or to schedule a free consultation with an experienced car accident lawyer, give us a call at 772-231-1100 or fill out our online contact form.
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Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.
Notable CAR ACCIDENT Settlements and Verdicts
We’ve recovered over $150 million for our clients. These are real case results from real people who came to us for help. And we got them what they were owed.
Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.
A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.
Plaintiff sustained numerous orthopedic injuries as a result of the negligence of a driver working for the State of Florida Department of Agriculture. At trial, the case resulted in a verdict of $5,582,776.82. Because the government’s damages are statutorily limited to $100,000 under Sovereign Immunity laws, Gould Cooksey Fennell’s Personal Injury Group was forced to fight in the Legislature for several years to pursue the passage of a Claims Bill. Ultimately a Bill was passed for 40 times the statutory limitations.
Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.
Obtained a Trial Verdict of $1.64 million dollars for injuries sustained by an 86 year old woman in a rollover auto accident on SR 60 in Vero Beach, Florida. After prolonged hospitalization, Mrs. Koebele never fully recovered and an Indian River County Jury awarded $1,170,130 for her injuries and $475,000 for her husband’s consortium claim.
Automobile crash in Vero Beach, FL resulting in cervical injury, including disc herniation to a 22 year old tennis professional.
While stopped at the intersection of US Hwy 1 and Vista Royale Boulevard, the Plaintiff’s vehicle was struck from behind with such force that the rear of his SUV was lifted off the ground and his vehicle slammed into the rear of the vehicle in front of him. As a result of the violent impact, Plaintiff sustained permanent injuries to his cervical and lumbar spine. An Indian River County jury awarded the Plaintiff $1,487,412.99.
While stopped at the intersection of 43rd Ave and 8th Street, Plaintiff was rear-ended by the Defendant, launching her vehicle into another vehicle in front of her. Plaintiff sustained permanent injuries to her right knee and cervical spine, both requiring surgical intervention in the years following the collision. After a nine day trial, an Indian River County jury returned an award of $1,259,090.73.
Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.
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