Vero Beach Texting While Driving Accident Lawyer

On today’s roadways, the cell phone is proving nearly as deadly as alcohol. Every driver’s full attention should always be on the road and traffic conditions. Unfortunately, far too many drivers find it hard to resist checking their text messages after receiving an alert or sending out a text. It is in those seconds in which a driver’s eyes are not on the road, their hands are fiddling with the device, and their concentration is elsewhere, that texting while driving accidents are most likely to occur. During that brief time, a car might travel 100 yards with no one’s eyes on the road. The consequences might result in rear-ending another vehicle, running a stop sign, or hitting a bicyclist or pedestrian. Texting can spell tragedy.

A Vero Beach texting while driving accident lawyer at Kogan & DiSalvo can help you at this difficult time if another driver’s negligence in choosing to text while behind the wheel results in serious injuries.

What to Do After a Texting and Driving Accident

When you are hit by another vehicle, you do not know at the moment of impact that the driver was texting and driving. Much of this information pertains to the aftermath of any motor vehicle accident.

• Check to see if you or your passengers are hurt. Get yourself and others out of harm’s way.
• Report the accident to the police by calling 911.
• Exchange names, addresses, contact and insurance information with the other driver.
• Take photos or videos of the scene, including any skid marks or other indications of how the accident occurred. If it appears the driver ran a stop sign or traffic signal due to texting, photograph the light or sign. If possible, take a video with sound when speaking to the other driver and note if a cell phone is visible within the vehicle.  
• If there are any witnesses to the collision, collect their names, addresses, and contact information.
• Write down or record exactly what happened right away. It is important to do this soon after the crash if you are physically able while your memories are still fresh.
• Always seek prompt medical attention, even if you do not think you were injured. Many injuries, even serious ones, are not apparent immediately.

Proving Fault in a Texting and Driving Accident

To receive compensation for serious injuries after a texting while driving accident, you must prove that the other driver was at fault.

Proving fault in a texting and driving accident often depends on obtaining the cell phone records of the drivers. A Vero Beach texting and driving lawyer can obtain the cell phone records of the at-fault driver to verify whether a text was received or sent around the time of the crash.

While a personal injury lawsuit is filed against the at-fault driver, it is also possible to file a lawsuit against the sender of the text if that party was aware that the recipient was texting while driving. While that is difficult to prove, it is a potential claim if either the sender or recipient acknowledged texting while driving in the messaging.

When and Why to Hire a Lawyer

Since Florida is a no-fault state when it comes to car insurance, your own Personal Injury Protection (PIP) auto insurance will pay for up to 80 percent of your medical bills and 60 percent of lost wages. However, if you suffer serious injuries, you can step outside the no-fault system and file a personal injury lawsuit against the at-fault driver.

In Florida, the following are considered serious injuries beyond the no-fault system threshold:

• Fractures
• Severe disfigurement
• Loss of body part or organ
• Full disability lasting several months
• Significant limitation of a bodily function

Texting while driving lawsuits are often complex. A Vero Beach car accident attorney will collect evidence, review police and medical reports, interview witnesses, and investigate your case thoroughly. 

Potential Compensation

Potential compensation, or damages, in a texting and driving accident may include:

• Medical expenses, current and future
• Lost wages
• Future lost earnings
• Property damage
• Pain and suffering
• Mental anguish

In rare cases, punitive damages may come into play. These damages are awarded specifically to punish the defendant and make an example of the penalties facing those engaging in gross negligence. Texting while driving will not usually fall into this category but the circumstances of each accident are unique.  

How Kogan & DiSalvo Can Help

If you or a loved one was seriously injured due to another driver’s texting while driving, a Vero Beach auto accident attorney at Kogan & DiSalvo will protect your rights while helping you receive the compensation you deserve for your injuries. Schedule a free, no-obligation consultation today to discuss your case. We serve clients throughout Indian River County and Eastern Florida.