Were You Injured Because Someone Was Texting While Driving?
Most drivers do their best to drive safely on roads and highways, which is why it can be especially frustrating when someone ignores traffic rules designed to keep other drivers safe. If you have been injured due to a distracted driver who was texting on the road, you may be struggling to pay your medical bills and make ends meet, and you may be feeling frustrated that you seem to be paying the price for someone else’s lack of care. Luckily, you do not have to carry this burden alone. Personal injury lawsuits are designed to restore a victim of negligence to the financial position they would have been in had the accident never occurred.
Texting While Driving is Illegal
In Florida, it is illegal to text while driving, and drivers who do so can face penalties for doing so. Unfortunately, the law does not stop many people from engaging in this reckless conduct, and many accidents continue to occur as a result. It is relevant if the driver who hit you was driving while texting because a violation of state law such as this results in a de facto finding of negligence on the part of the texting driver. This means that negligence will be assumed. Whereas in most personal injury cases you are responsible for proving that the other driver was negligent in causing the accident and your injuries, in a case where the other driver was texting, speeding, driving under the influence, or breaking another law designed to keep other drivers safe, negligence will be assumed. This means the burden is shifted to the texting driver to prove that they were not texting or otherwise negligent, which is a very difficult barrier to overcome. You, on the other hand, will only have to prove that you were injured as a result. This can be accomplished with medical records and evidence that you incurred financial harm as a result of the physical harm, such as medical bills or lost wages.
Suing for Texting While Driving
While you cannot sue a driver purely for texting while driving, you can bring a personal injury lawsuit against them if their texting and distracted driving resulted in an accident that caused you physical and financial harm. The amount of damages that you are entitled to will depend on a number of factors, including the total amount of your economic damages, and the permanence and severity of your injuries.
Contact Leifer & Ramirez in Boca Raton, Florida, Today
If you have suffered an injury due to a texting, distracted, or negligent driver, you need an experienced Boca Raton car accident lawyer on your side. The attorneys at Leifer & Ramirez will fight to hold the negligent driver accountable and get you the maximum amount of compensation that you are entitled to. Contact Leifer & Ramirez today to schedule a consultation and find out how much your claim could be worth.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.305.html
