Texting and driving is highly dangerous and a traffic infraction in Florida. If you were injured in an accident caused by a driver who was texting and driving, you may be entitled to recover compensation. The exact damages you are eligible to collect will depend on the details of your case.
At Vaughan & Vaughan, we understand the challenges that car accident victims commonly face. Our team has a long history of helping those injured in accidents recover the compensation they need and deserve. Reach out to us today by phone or through our website to schedule a free case evaluation with one of our Indianapolis car accident lawyers.
Consequences of Causing an Accident While Texting and Driving
When a driver causes an accident because they were texting and driving, they will face many consequences. In addition to being fined and receiving points on their driver’s license, they could face more serious charges like reckless driving.
On top of that, they will open themselves up to a personal injury lawsuit for any damages they caused. If you were injured in an accident caused by a driver who was texting while driving, you may be able to file a lawsuit to recover compensation for your damages.
Damages You Can Recover from a Driver Who Was Texting While Behind the Wheel
Following an accident caused by someone texting while driving, you will likely be eligible to recover a wide range of damages. The specific damages you qualify to claim will depend on the details of your accident and the injuries you suffered.
Identifying all the damages that apply can be challenging. Fortunately, an experienced car accident attorney can help. All the damages you may be able to recover are divided into three primary categories.
Economic damages are the most straightforward of all types of compensation that can be claimed after an accident. These damages are awarded to replace the financial losses incurred by the accident victim. The economic damages most often recovered in texting while driving accident cases include:
- Medical expenses
- Future medical bills
- Lost earnings
- Diminished earning power
- Property damage
- Money spent on daily tasks you can no longer perform yourself
Non-economic damages are far more complex. These damages are awarded as compensation for every other type of loss you suffered because of your accident. These damages can be incredibly varied. However, a common trait that most non-economic damages share is that most of these losses are deeply personal and irreplaceable.
The non-economic damages most often recovered in texting while driving accident cases include:
- Pain and suffering
- Mental anguish
- Permanent disability
- Decreased quality of life
- Loss of companionship
- Loss of consortium
- Emotional distress
Punitive damages serve a different purpose than compensatory damages. These damages are not meant to replace losses sustained by an accident victim but rather are used as a form of punishment for the liable party.
Punitive damages are only awarded in a small percentage of car accident cases but are available at a higher rate in accidents caused by texting and driving. For a judge to award punitive damages in these types of cases, they must determine that the at-fault party’s texting and driving constituted criminal negligence.
Four Elements of Negligence
When attempting to prove that the texting and driving party was negligent and at fault for your accident, there are four elements that must be established. The four elements of negligence are:
- Duty of care
- Breach of duty of care
Duty of Care
The first thing you must show when attempting to prove negligence is that the at-fault party owed you a duty of care. Proving this tends to be fairly straightforward as all drivers on the road owe a duty of care to anyone in the area where they are operating their vehicle. If you and the defendant were in a collision where they were behind the wheel, a duty of care exists.
Breached Duty of Care
The next thing you must demonstrate is that the liable party breached their duty of care. To do this, you need to show that the actions of the at-fault party posed an unnecessary risk and were not in line with what another driver in their place would reasonably do to ensure the safety of others.
If you can prove that the defendant was texting while driving, that should be enough to establish that they breached their duty of care.
You then need to show that you suffered damages. Medical records and repair bills can go a long way to proving that you incurred damages. However, it is critical to seek medical attention as soon as possible after your crash. Delaying will allow the defense to question how your injuries occurred and if they were truly the result of your accident.
Finally, you need to tie everything together. Your car accident lawyer can help connect the dots for the jury, showing how the defendant breached their duty of care and was directly responsible for causing the injuries you sustained.
Get in Touch With an Experienced Car Accident Attorney Today
When seeking compensation after an accident caused by another party texting while driving, it is critical that you secure the services of an experienced lawyer. Your attorney can help prove that the other party is liable for your damages and get you the money you need and deserve.
At Vaughan & Vaughan, we understand the challenges that accident victims face. Our team has a proven track record of securing favorable case results for our clients. We have over 100 years of experience handling accident cases in Indiana and know what it takes to win.
Contact us today by giving us a call or filling out the contact form on this website. We offer free, no-obligation consultation where we will review your case and answer all your questions, so don’t hesitate to get started.