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Thinking of Using a Cell Phone While Driving? Think Again

by | Jul 5, 2018 | Car Accidents

Texting and talking on cell phones contribute to thousands of accidents each year that result in serious injuries and even death. If you were injured or lost a loved one in a car accident with a distracted driver, there may be several types of damages you can claim. In addition to compensation for medical bills, lost wages, emotional distress, and pain and suffering, you may be entitled to punitive damages. The Fort Lauderdale car crash attorneys at Englander Peebles know how to pursue punitive damages, and we will use our extensive knowledge and resources to help you fight for the compensation you deserve.

During your free initial consultation, our South Florida car accident lawyers will evaluate your case, answer all of your questions, and explain step by step how we will help you pursue compensation for your injuries. Call (954) 231-1384 to learn more.

When Are Punitive Damages Recoverable in Florida Personal Injury Cases?

Unlike compensatory damages, which include medical bills, lost wages, pain and suffering, vehicle repairs, and emotional distress, punitive damages are not intended to compensate the plaintiff for an injury or loss. Rather, they are meant to punish the defendant for egregious behavior in order to prevent similar behavior in the future.

Punitive damages are not recoverable in most personal injury cases; however, they are often available in car accident cases when the at-fault driver was texting or using a cell phone.

If you were injured by a driver who was engaging in one of these behaviors, punitive damages may be recoverable since they constitute gross negligence. Gross negligence means the defendant acted with a conscious disregard for human life, rights, or safety. Since texting behind the wheel puts human lives at risk, it could be considered gross negligence.

Man texting while driving

Proving a Driver Was Texting Behind the Wheel

There are several types of evidence your Fort Lauderdale car accident lawyer may use to prove the driver who caused your collision was texting at the time. Common examples include:

  • Eyewitness testimony that the at-fault driver was texting
  • Surveillance footage taken before the crash
  • Records from the driver’s cell phone service provider, which should show the dates and times when texts were sent and received.

As you may suspect, much of this evidence could become unavailable if you wait too long to seek legal counsel. The Broward County injury lawyers at Englander Peebles will act promptly to gather all relevant evidence to support your claim.

Call a Fort Lauderdale Injury Attorney Today

Waiting too long to file your claim is just one of many mistakes that could potentially reduce the amount of compensation you recover or prevent you from recovering any compensation at all. The Fort Lauderdale injury attorneys at Englander Peebles can help you avoid costly oversights that can harm your claim. If you were injured or lost a loved one in an accident with a driver who was texting, call us today at (954) 231-1384 to schedule a free consultation with a South Florida personal injury lawyer.