Steven A. Bagen | April 26, 2023 | Car Accidents
Distracted driving is a significant problem on our roads today, resulting in thousands of injuries and fatalities every year. While technology has made our lives easier and more connected, it has also created dangerous driver distractions, leading to an increased risk of accidents.
If a distracted driving accident injured you or a loved one, don’t hesitate to reach out for help. An attorney with experience in these cases can make the difference between receiving the compensation you deserve and the accident leaving you with mounting medical bills and a diminished quality of life.
At Bagen Law Accident Injury Lawyers, PA, our distracted driving accident attorneys have decades of experience working tirelessly for the benefit of injured clients. We’ve helped recover millions of dollars in compensation for accident victims in Florida. They will attest to the fact that having an attorney on your side after a distracted driving accident provides benefits that exceed just a dollar value.
Distracted Driving Is a Serious Concern in Florida
Texting while driving is an all-too-common behavior with serious consequences. In a recent survey of 200 Florida drivers, nearly 40 percent admitted to texting behind the wheel at least once per month. Still, distracted driving is not limited to texting or talking on a cell phone. It can also include eating, applying makeup, adjusting the radio, or even daydreaming behind the wheel.
Nationwide, states are working to combat the epidemic of drivers who negligently divert their attention from the road. Despite penalties and fines for drivers who violate distracted driving laws, the problem remains a persistent cause of many accidents. In the same survey conducted in Florida, 15 percent of participants said that they had personally suffered an accident due to distracted driving.
Florida’s laws regarding distracted driving include statute 316.305, which prohibits handheld communication devices while driving. A knowledgeable attorney will know how these laws affect your options for obtaining maximum compensation. Moreover, a distracted driving attorney not only possesses the knowledge and resources to understand these claims but knows how to use them effectively and efficiently. Your dedicated legal advocate will fight for you every step of the way.
Why Hire an Attorney: The Next Steps After a Distracted Driving Accident
Florida is a no-fault state, meaning that legally, drivers must carry Personal Injury Protection (PIP) insurance, which covers their own injuries and damages, regardless of fault. However, this doesn’t mean you don’t need to work with an attorney. On the contrary, legal help will always benefit you.
Understanding What Affects Your Claim
A distracted driving attorney is better suited than anyone else to help you after this type of accident. It takes years to complete the prerequisites to become a qualified attorney and many more years of practice to truly understand the nuances of personal injury claims. By relying on a lawyer with demonstrable experience in distracted driving claims, you place yourself in the best position to identify your options for recourse and create actionable solutions personalized to your circumstances.
Guidance Through the Claims Process
You may feel overwhelmed at the prospect of filing a claim after a distracted driving accident, especially while you’re still recovering from injuries. Your attorney can guide you through this process, ensuring you don’t miss any crucial steps or deadlines and easing the responsibility of these tasks.
An attorney can also determine the full extent of your damages, including medical expenses, lost income, pain and suffering, and property damage. They will work diligently to ensure you receive full and fair compensation for the true value of losses, including non-economic damages.
Negotiating with Insurance Companies
One of the most daunting aspects of a distracted driving accident is dealing with insurance companies. These companies often have their own legal teams focused on minimizing their financial liability, which means they will not have your best interests in mind.
Your skilled attorney will negotiate with insurance companies, ensuring you receive the maximum compensation possible. In addition to explaining your policy limits, your lawyer will know the tactics insurance companies use to minimize their payouts and will counter these strategies effectively. If your insurance carrier denies the claim, your attorney can refute doubts about the seriousness of your losses.
Likewise, if the insurance offers you a settlement for less than you deserve, your attorney will fight for the true value of your claim. Ultimately, your lawyer will place the decision to accept a settlement offer in your hands. However, with a staunch legal advocate on your side, you can make these choices as a well-informed participant in your financial future.
Our legal team has gone head-to-head with big companies and powerful insurance giants time and time again and will always defend our clients’ interests over theirs.
Proving Liability and Negligence
While Florida drivers must carry PIP insurance, under certain circumstances, you may still pursue a claim or lawsuit against the at-fault driver. Situations where an attorney might advise you to do so include accidents involving serious or permanent injury, wrongful death, uninsured motorists, or an accident where a distracted driver hits you on a motorcycle. These and many other scenarios might mean that your case merits more aggressive legal action, whether through negotiations with an insurance company or filing a personal injury lawsuit.
Only an attorney who understands these complexities can provide you with the right course of action after a distracted driving accident. If your circumstances dictate that you must prove fault, your lawyer will go to work to identify all negligent parties.
Our distracted driving accident attorneys have the knowledge and resources to prove negligence, establish liability in your case, and procure evidence such as cell phone records, witness statements, and accident reconstruction testimony. They will also anticipate and refute any arguments the defense may raise, increasing your chances of a successful outcome.
Representation in Court
Most distracted driving accident cases in Florida settle out of court. However, your case may need to go to trial. You need an experienced attorney by your side if this happens, and you should, in no circumstances, ever represent yourself in court.
Your distracted driving accident attorney will present your case effectively and provide the strongest representation possible to work toward a favorable resolution.
Choose a law firm with a background in trial advocacy. Having a lawyer who isn’t afraid to take defendants to trial if necessary will ensure your case doesn’t settle for less than you deserve.
Access to Resources and Experts
A distracted driving accident attorney can access a network of invaluable resources and experts to build your case. This may include accident reconstruction specialists, medical professionals, and financial experts who can quantify your damages and losses.
These experts can provide crucial evidence and testimony to support your claim, increasing your chances of a successful outcome. By working with an attorney, you can tap into this wealth of knowledge and expertise, giving your case the best possible chance of success.
Peace of Mind and Support
A distracted driving accident can emotionally and financially overwhelm you. The stress of managing medical bills, lost income, and the legal process can take a toll on your mental and emotional well-being. Working with a distracted driving accident attorney can alleviate some of this burden. You can focus on your physical recovery while your lawyer handles the legal aspects of your case.
Knowing that you have a dedicated legal professional advocating for you can provide you with the peace of mind you need during this challenging time. After a distracted driving accident, you or a loved one need to hire an experienced attorney as soon as possible. They will evaluate your case, determine the best course of action, and work tirelessly to ensure you receive the justice you deserve.
No Upfront Fees
Reputable personal injury attorneys work on a contingency fee basis, meaning you’ll pay nothing upfront when your lawyer begins working on your case. Building a strong claim and recovering compensation, whether through a settlement or a lawsuit, is the only way that your lawyer will profit from your case.
By working with an attorney on a contingency basis, you’ll agree to pay a percentage of your award as their fees. Knowing this, you will know that your lawyer will work diligently to recover the maximum financial compensation for you and that you’ll never pay them anything out of pocket.
Don’t Wait to Contact a Distracted Driving Lawyer
If you still have questions about hiring an attorney or how the legal process works after a distracted driving accident, don’t hesitate to contact the legal team at Bagen Law Accident Injury Lawyers, PA at (800) 800-2575. A qualified distracted driving lawyer from our firm will gladly provide a free consultation with you to discuss your case, your rights, and your options for pursuing financial recovery.