Can I Sue A Driver Who Hit Me While They Were Texting?
Yes. You can sue a driver who hit you while they were texting. Texting while driving is a crime in Florida, so if the driver who injured you was found texting when they hit you, you can hold them liable for any damages and injuries you sustained. You can seek legal action against them if you can prove that texting caused or contributed to the accident. To learn more about the process of recovering compensation from the driver that hit you, it’s in your best interest to speak to a Tampa car accident lawyer for details specific to your situation.
Texting While Driving is Illegal in Tampa
Florida’s texting while driving law prohibits drivers from typing manually or reading texts while driving. However, the law does not entirely ban the use of cell phones. For example, drivers can use a cell phone for certain purposes, such as using a navigation system or talking on the cell phone. Drivers can use a hand-held cell phone except in school zones, work zones, or construction zones.
If the texting results in a crash that injures someone, the driver will face harsher penalties and even criminal charges depending on the extent and nature of the accident.
What to Do After Getting Hit by a Driver Who Was Texting
After getting hit by a driver who was texting while driving, talk to a Tampa car accident attorney who has experience dealing with distracted driving cases. They will assess your case, gather the evidence you need to support your claim, and prove negligence and liability so you can seek maximum compensation for your losses.
You should also know how the state’s no-fault auto insurance system might impact your case because there are limits to the amount that personal injury protection can cover. For example:
- If you suffer minor injuries that fall within your PIP coverage limits, your insurer must cover your medical expenses and lost income.
- Whether you suffer more serious injuries, including those requiring surgery or a permanent disability, or experience significant emotional distress, you have the right to sue the texting driver for damages that your PIP can’t cover. If the driver is found to be at fault, their insurance provider must cover your losses.
If you sustained severe injuries, your lawyer will try to negotiate a fair settlement on your behalf. However, insurers are notorious for trying to deny claims or reduce payouts, particularly in claims involving distracted driving. If, after thorough negotiations, the insurance provider still doesn’t want to offer a fair settlement, your case will head to trial, where your Tampa car accident lawyer will fight for every cent you deserve.
Leave Your Case in The Capable Hands of Our Experienced Tampa Car Accident Attorney
It is a crime to text while driving, and you shouldn’t have to suffer because of a negligent driver’s actions. Find out what our Tampa car accident attorney at Matthews Injury Law can do for your case by scheduling your free case evaluation online or at 813-530-1000.