Lakeland Texting and Driving Accident Attorneys

Texting while driving is a dangerous practice that employs three forms of distraction; visual, manual, and cognitive. Common sense tells drivers to put the phone down while behind the wheel, but far too many people in Lakeland and throughout Florida still engage in this practice.

If you have been injured by a driver who was texting, you may have the right to pursue compensation for your damages and losses. Kogan & DiSalvo is Florida’s premier personal injury law firm. We have the experience and resources to help you pursue justice while holding the negligent driver accountable. Contact a Lakeland texting while driving lawyer who can assess your case during a free consultation.

The Significant Danger of Texting While Driving

Current research states that a driver is 23 times more likely to cause an accident while texting. Other types of distracted driving are also dangerous, including eating, talking, applying makeup, and tending to children. However, texting is especially hazardous because, as noted above, it creates manual, visual, and cognitive distractions. Most drivers know this is risky but engage in it anyway. An experienced Lakeland texting while driving lawyer can build a solid and compelling case against them if they cause an accident.

Evidence of Distracted Driving

A successful personal injury claim relies on facts and evidence to show a driver’s negligent actions caused harm. Every case is different, but some sources of evidence may include:

• Phone records: A look into a driver’s text message logs may show a message was sent or received just before the accident.
• Accident scene investigation: People who text while driving may slam on the brakes as they–belatedly–notice another car or pedestrian in front of them. By measuring skid marks and analyzing vehicle damage, it is often possible to recreate the circumstances of a car accident.
• Video footage and eyewitness testimony: Video footage from CCTV cameras or dashcams can be compelling evidence to strengthen a personal injury claim. Eyewitness testimony can also be powerful.

Facts and evidence often prove elusive after an accident because eyewitnesses may move away, and video footage can be erased. Contact a skilled Lakeland car accident lawyer as soon as possible after an accident.

Statute of Limitations in Florida

Florida’s statute of limitations for a personal injury lawsuit is generally two years. If you delay and let the statute expire, you may lose your chance of holding the distracted driver accountable and pursuing the financial compensation you need.

Modified Comparative Negligence: Were You Partially at Fault?

Sometimes, the victim or plaintiff may be partially at fault, even if the other driver was texting. Florida is now a modified comparative negligence jurisdiction. It bars claims in which the plaintiff is determined (by a jury or judge) to be more than 49 percent at fault for the accident. However, if they are found to be 49 percent or less at fault, their recovery is reduced proportionally to their fault.

For example, the plaintiff is 10 percent at fault because they were driving five miles over the speed limit. They can still recover compensation, but the amount will be reduced by that percentage. So, if they are awarded $100,000, it would be reduced to $90,000.

Contact Kogan & DiSalvo for a Free Consultation

After a texting while driving accident, you may be faced with mounting medical bills and significant pain and suffering. A serious injury can leave you temporarily or even permanently disabled, making it impossible to maintain financial stability. Our team of experienced attorneys can help you fight to recover compensation for your damages. Contact us today for a free consultation. Since we work on a contingency basis, you will not pay attorney’s fees unless we win compensation for your injuries.