Can I Still File a Claim if I Was Texting While Driving?
Texting while driving is a serious issue in Florida and around the entire nation. Many accidents are caused by distracted drivers. But what happens if you were texting while driving at the time of your crash in Fort Lauderdale? What if you suffered serious injuries? Can you still file a personal injury claim and receive compensation?
Your first step should always be to get in touch with a qualified, experienced accident attorney in Fort Lauderdale. These legal professionals can assess your unique situation and determine the best course of action. As you’ll see, you may still have the ability to recover compensation even if you are partly to blame for the accident.
Florida is a No-Fault State
Florida follows a “no-fault” system when it comes to car accidents. This means that all drivers involved in a collision can pursue compensation for their injuries, regardless of who is at fault. In other words, there is no need to “blame” another driver in order to receive a settlement. If you were texting and driving, this would not necessarily bar you from receiving a settlement.
Florida’s Comparative Negligence Laws
With all that being said, Florida also follows a system of “pure comparative negligence.” This means that if you were partly to blame for your accident, it may affect the total amount of your settlement. But it will not prevent you from receiving a settlement. For example, a judge may determine that you are 50% at fault for the accident because you were texting and driving before the collision. This means that instead of receiving the full amount of your settlement, you would only receive half.
This system takes many factors into account. You may have been texting before the accident, but this might not have been the main contributing factor that led to the collision. For example, you may have been driving under the speed limit while texting and driving, when suddenly a drunk driver comes hurtling speeding around a corner and hits you. Even if you weren’t texting at the time of the collision, there may have been no way to react in time. These are the kinds of factors that the court takes into account.
Proving that You Were Texting and Driving is Difficult
Finally, it can be very difficult to prove that someone was texting and driving at the specific moment of the crash. In addition, texting and driving is considered a relatively minor traffic offense, and first-time offenders are only given a $30 ticket.
Enlist the Help of a Qualified Attorney Today
If you’ve been searching the Fort Lauderdale area for a qualified, experienced accident attorney, look no further than Tasha Simmonds, P.A. Thanks to a wealth of experience with injury claims and lawsuits, we can help you strive for the best possible legal outcome after your crash. Don’t assume that you are barred from compensation just because you were partly to blame for the collision. Book your consultation today, and we can help you move forward in an efficient manner.
Tasha Simmonds, P.A.
1451 W. Cypress Creek Rd. Suite 300
Fort Lauderdale, FL 33309
954-271-1411
