Remember when you first learned to drive and weren’t sure how you could ever simultaneously monitor the road, your speed, and the mirrors? It felt like a lot, and it is. Even though we get used to operating a vehicle, it still requires attention. Unfortunately, some drivers get complacent and allow themselves to get distracted. When they cause accidents in Miami, our distracted driving lawyers are there to help victims.
From texting to eating to changing Spotify, distractions are a form of roadway negligence. If you were hurt by a distracted driver, contact the Miami car accident lawyers at Chalik & Chalik Injury Lawyers today. We can build a case to show that the person who hit you failed to pay attention and owes you damages.
Why Hire a Personal Injury Lawyer for a Distracted Driving Case?
Proving that a driver was distracted can require gathering evidence that provides context for the case. Knowing how the pieces fit together is something our Miami personal injury lawyers have learned from experience. Our firm was founded in 2003, so we have decades of experience to draw on when investigating and building your case.
That’s just the investigative side of things. Our law firm also handles the administrative side, dealing with:
- Claims paperwork
- Evidence cataloging
- Phone calls and emails with an insurance company
- Official letters
- Court documents
- Settlement offers
- Legal wording
- Filing deadlines
These are the little details that can nonetheless make a big difference A mistake in your claim filing could cost you valuable time, while a missed deadline could cost you the entire case. By handling the everyday tasks, we work to ensure everything runs smoothly.
Why Hire Chalik & Chalik Injury Lawyers?
Chalik & Chalik Injury Lawyers has case results and client reviews that attest to our history with cases like yours. However, we know that picking a personal injury attorney is about picking someone you trust, someone you can talk to about your concerns without feeling belittled, dismissed, or ignored.
To some firms, you represent another file to inflate their numbers. To us, you are part of the family. You’re never relegated to a pile of cases. You’re elevated to our priority. Other places might make it hard for you to talk to your lawyer. We give you direct access to our partners, Jason and Debi.
The cost to talk to us is nothing, and we work on a contingency-fee basis. You can contact us 24/7.
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Near Me (305) 944-2035
What Damages Are Possible for Distracted Driving in Miami?
Our distracted driving accident attorneys in Miami, FL, focus on securing both economic and non-economic damages.
Economic damages include medical expenses, which include any costs to treat your accident injuries—everything from ER expenses to physical therapy to counseling. They also include lost income and reduced earning capacity. If you were injured in a way that reduces your ability to earn, our Miami personal injury lawyers seek compensation for the gap between what you used to earn and what you can earn now.
Non-economic damages account for things like chronic pain, disfigurement or scarring, lost independence, or the inability to do something you love. We analyze these possibilities to make sure you get pain and suffering, emotional distress, and reduced quality of life compensation.
When Multiple Parties Share Liability
While our distracted driving injury lawyers naturally prioritize holding the driver liable in your Miami case, we don’t discount that other parties may also be liable. This is a way we can maximize damages—by considering additional parties.
If the driver who hit you was working, their employer might share liability. This can come into play in truck accident cases. We also consider issues with the road. For instance, if the other driver was distracted by a large pothole or confusing signs, we might hold the City of Miami, a private property owner, or a construction company liable.
Chalik & Chalik Distracted Driving Accidents Lawyer Near Me (305) 944-2035
How does a Distracted Driving Accident Lawyer in Miami, FL, Prove a Case?
Sometimes, it’s obvious that someone wasn’t paying attention. For instance, if you were stopped at a red light for some time only to get rear-ended by a driver who never hit the brakes, it’s fairly clear that they were negligent.
However, for other accident scenarios with issues establishing liability, proving that a driver was distracted can require a variety of evidence, such as:
- Traffic camera footage
- Video and photos taken by bystanders
- Eyewitness information
- Photos of the crash and the site
- Analysis by police in the crash report
- Medical records and doctor evidence about injuries
- Reconstruction of the accident
- Testimony from experts
- Social media posts by bystanders or the other driver
- Rideshare app data if you were hit by an Uber or Lyft
- Cell phone and texting records
- Physical debris from the crash
We follow the clues provided by evidence. Traffic camera footage and eyewitness testimony might indicate the driver was on their phone at the time of the crash. We can then check the driver’s social media posts to see if they were posting, messaging, or responding to content.
We also aren’t afraid to consult people who know more than we do. Engineers or mechanics can explain how a car got damaged and what caused it. Doctors can explain how your injuries are consistent with a certain angle of collision. We use experts whenever necessary.
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Do You File an Insurance Claim or Lawsuit for Distracted Driving?
We may start with an insurance claim to see if we can negotiate a settlement without filing a suit. Then, if we can’t reach a settlement, we can move forward with legal action. Our goal is fair compensation for accident victims.
We also may pursue a lawsuit if the statute of limitations is close to expiring. This is to preserve your chance to seek damages that way. Florida Statute § 95.11(4)(a) generally allows two years to file a personal injury lawsuit. You can trust our Miami distracted driving collision lawyers to do whatever we need to protect your right to seek damages.
For a free legal consultation with a Chalik & Chalik lawyer serving Miami, call (305) 944-2035
When Should You Contact a Miami Distracted Driving Attorney?
Today! In fact, you can call Chalik & Chalik Injury Lawyers right now—our team is available for strategy sessions 24/7. If you were hurt by a distracted driver in Miami, FL, our lawyers can get their attention by fighting for your damages.
Call or text Chalik & Chalik (305) 944-2035