Most households have at least one cell phone, and many families own a cell phone for every member. Unfortunately, this means that some people will try to use their cell phones to send messages, make calls, or text while they are driving. This kind of behavior is inherently dangerous, but it can become even deadlier when a driver is looking at their phone instead of the road while operating a large truck. Fortunately, courts take accidents resulting from the use of cell phones seriously.

If you are injured because a truck driver was distracted by their cell phone, you may be entitled to significant compensation that a knowledgeable truck collision attorney could help you pursue. Speak to a West Palm Beach cell phone/texting truck accident lawyer as soon as possible so they can start working to build a strong claim on your behalf.

The Possibility of Extra Damages

Most personal injury claims center around two types of compensable damages: economic and non-economic. The former involves objective financial losses such as medical bills, lost wages, and the loss of the ability to work in the future in a person’s usual capacity, while the latter represents the injured person’s pain and suffering. However, there is a third kind of damage that only applies to cases that are deemed to include gross negligence on the part of the at-fault driver: punitive damages.

Punitive damages are becoming more common for truck accidents involving texting or cell phone usage. To levy these damages, the court must be shown evidence that the at-fault driver willfully engaged in an activity known to be dangerous.

If the court decides to award these extra damages, Florida Statutes §768.73 limits the award to the higher of the following two amounts:

  • Three times the amount of compensable damages
  • $500,000

A West Palm Beach attorney can help a plaintiff determine whether a truck driver texting or using their cell phone behind the wheel contributed meaningfully to their accident, as well as whether that action constitutes grounds to pursue punitive damages.

Who Can Bring a Claim to Court?

A personal injury claim resulting from a West Palm Beach cell phone or texting truck accident must be brought to court within four years of the initial incident, or the injured person risks losing the right to pursue compensation. In cases where the injured person is a minor, parents can file the claim on their behalf.

However, if the court deems that the child’s interests are not aligned with the parents’ interests, the statute of limitations may be extended so that the child turns 18 or can have a different guardian file the claim. To determine whether a person can file a claim for an injury after a wreck, it may be best to consult with a lawyer who is knowledgeable about cell phone/texting truck accidents in West Palm Beach.

Talk to a West Palm Beach Cell Phone/Texting Truck Accident Attorney Today

If you are injured in a truck accident and suspect that the driver may have been distracted, speak with a West Palm Beach cell phone/texting truck accident lawyer in today. With their help, it may be possible to get your life back on track with a significant award for compensation.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260