If you or a loved one was hurt because of the negligence of a distracted driver in Tampa, you have the right to hold that person responsible for their actions.
A Tampa distracted driving lawyer from Distasio Law Firm may be able to fight for your compensation while you focus on your recovery.
For a free consultation, call our firm to speak with an experienced car crash attorney. We operate on a contingency-fee-basis with no up-front costs to our clients.
Recoverable Damages After a Tampa Distracted Driving Accident
There are a number of damages you may be able to recover after a distracted driving accident. Some of the possible damages include:
- Medical costs
- Property damage
- Pain and suffering
- Lost wages
- Future wages if your earning potential is diminished or lost
- And more
If your loved one did not survive because of the seriousness of their injuries, your family may be entitled to compensation, including:
- Funeral and burial costs
- Loss of support and protection
- Loss of consortium
- Pain and suffering
To discuss what specific compensation may be available in your case, contact a committed Tampa distracted driver attorney with Distasio Law Firm for a free consultation.
Distracted Driver Liability
You may be wondering how you can prove that the driver who caused your accident was distracted at the time, but the good news is that that may not be necessary.
In order to establish liability in a car accident case, you simply need to establish driver negligence. Evidence that the driver who caused you accident violated traffic law may be sufficient. For example, if there is evidence that the driver ran a stop sign or red light, failed to yield, drifted into your lane, or committed any other traffic law violations, the court may deem them negligent and force them to pay for your injuries even without evidence that distracted driving was the cause.
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Types of Injuries Caused by Distracted Driving
There are a number of types of injuries that can be caused by distracted drivers, including:
- Traumatic brain injuries (TBIs): these head injuries can cause significant impairments to emotional functioning, memory, movement, or sensation.
- Broken bones: broken bones can occur due to the immense force involved in a car accident.
- Spinal cord injuries: spinal cord injuries can be life-altering. Damage to the spinal cord can cause a lack of mobility or sensation throughout the body.
- Knee injuries: damage to ligaments in the knee can require surgery and extensive rest to heal properly.
If you suspect you were injured in your accident, see a doctor as soon as possible for an evaluation and to begin treatment. Evidence in your medical record linking your injuries to the accident can also be useful for you in a personal injury case.
Laws That May Impact Your Case
There are two laws you should be aware of heading into a Tampa distracted driving personal injury case: the Florida statute of limitations and comparative negligence.
Statute of Limitations
In Florida, the statute of limitations allows you generally two years from the date of the accident to pursue compensation for a personal injury. That means if you do not file your claim within two years of the date of the accident, you may be barred from recovering any type of compensation.
Comparative negligence is a law that allocates damages after an accident according to the degree of responsibility of each party involved. This means that if you are partially responsible for the accident, your compensation may be reduced by your degree of responsibility. In other words, if you are being awarded $50,000 and you are found to be 10% responsible, you can only receive $45,000.
Some insurance companies may use comparative negligence as a defense tactic when offering a settlement. They may claim that you are partially responsible for an accident and deserve a smaller payout, even if this is not true. A proactive distracted driver lawyer in Tampa can defend you against these underhanded tactics and produce evidence of driver liability and the extent of your injuries to reject lowball offers.
Facts and Statistics About Distracted Driving
The Centers for Disease Control and Prevention (CDC) identifies three major types of distracted driving:
- Visual, where you take your eyes off the road
- Physical, where you remove your hand or both hands from the wheel
- Cognitive, where your mind is not focused on the driving process
Texting and driving can be an especially dangerous form of distracted driving because it includes all three categories of distraction. Other forms of distracted driving include:
- Eating or grooming behind the wheel
- Changing the radio station
- Talking to passengers
- Looking at a GPS
- Looking at a car accident as you are passing
- Handling an unrestrained pet
Distracted driving could even include letting your mind wander and your focus stray from the road.
According to the CDC, if you are driving at 55 miles per hour while looking at your phone for just five seconds, you have driven the distance of a football field, all with your eyes off the road.
Contact a Tampa Distracted Driving Attorney Today
The legal team at Distasio Law Firm is here to help you hold the negligent party responsible for their actions in a distracted driving accident. A Tampa distracted driving lawyer can negotiate with the insurance company or the defendant’s attorney on your behalf and take your case to court if need be.
For a free, no-risk review of your distracted driving claim, contact Distasio Law Firm today. We operate on a contingency-fee-basis, meaning our payment comes out of the settlement offer or court awards you may receive at the conclusion of your case.