West Palm Beach Personal Injury Lawyers

Yes, Florida courts may allow claims for punitive damages in texting and driving cases if the driver’s conduct is deemed “grossly negligent.” Under Florida Statute § 768.72, you must provide a reasonable basis for recovery before pleading for punitive damages. In West Palm Beach, these damages are intended to punish the offender and deter others from similar behavior on congested roads like I-95 or Southern Boulevard.

Factual evidence, such as time-stamped cell phone billing records and social media activity logs, may be used to help establish distracted driving, though under § 316.305, F.S., phone billing records are only admissible in proceedings involving a crash resulting in death or personal injury. A West Palm Beach distracted driving attorney can subpoena these records to determine whether a text was sent or received at the time of the collision. Traffic camera footage from the West Palm Beach Transportation Division and witness accounts may also help corroborate evidence of the driver looking down at the moment of impact.

Yes, texting while driving is a primary offense in Florida under the Florida Ban on Texting While Driving Law (Statute § 316.305). This means law enforcement can stop a driver and issue a citation solely for texting, without needing another traffic violation. This means the West Palm Beach Police Department or Palm Beach County Sheriff’s Office can pull a driver over and issue a citation solely for texting, without needing another violation to occur. If the driver received a citation at the scene, it serves as powerful evidence of negligence in your personal injury claim.

Yes, under Florida’s modified comparative negligence system, you can generally recover damages as long as you are not more than 50% at fault. If a jury in the 15th Judicial Circuit Court determines you were 20% responsible for the crash near the Palm Beach Outlets, your total compensation would be reduced by that percentage. A West Palm Beach distracted driving attorney can work to document the other driver’s liability thoroughly and challenge any attempt to shift an unfair share of fault onto you.

If the driver was working at the time of the crash, their employer may also share liability under the legal doctrine of respondeat superior. If a distracted delivery driver or corporate employee causes a crash in downtown West Palm Beach while texting for work-related purposes, the business’s commercial insurance policy may provide additional coverage beyond standard personal policy limits. This can be especially important when medical expenses from serious injuries exceed what an individual driver’s policy can cover.