Miami Distracted Driving

Distracted driving is a serious problem in Florida. Despite this fact, Florida has yet to pass a ban on cell phone use or text messaging while driving. However, this does not mean that distracted drivers cannot be held accountable for the accidents they cause. If you or a loved one has been hurt by a distracted driver, it may be in your best interests to speak with a skilled Miami personal injury attorney to discuss your legal options.

Any activity that draws a driver’s focus away from their responsibilities of managing the car, making rapid choices, observing traffic regulations, and responding to their environment is considered a distraction while driving. Visual, physical, and cognitive distractions are the three types of distraction.

When drivers take their eyes off the road, such as when automobiles change lanes abruptly or a pedestrian jump into the street, their lack of visual attention might result in an accident. When drivers take their hands off the wheel to reach for anything in the car, adjust the mirror, dial or answer the phone, or read or send a text message, they are engaging in a manual distraction. Many drivers are likewise guilty of being distracted by their thoughts. This happens when drivers’ attention is diverted from the task at hand.

Forms of Distracted Driving

Distracted driving may take numerous forms. A severe collision can be caused by a split second of inattentive driving.

  • Eating and Drinking: In a hurry, drivers may try to save time by eating while driving. However, it is a very risky type of distraction that might have disastrous effects.
  • Texting While Driving: Texting while driving is frequently much more distracting than just making a phone call since the user’s attention is diverted from the road to the phone.
  • Cell Phone Use: Because of the risks of using a cell phone while driving, several states have passed legislation requiring drivers to use their hands-free.
  • Using the Radio: Changing a CD, changing the radio, or messing with other car settings while driving is a typical distraction that might result in an accident.
  • Inattentive Driving: While driving, some people may just let their minds wander. Distracted driving might include being lost in thought, which can be difficult to establish in court.
  • Other Passengers: Drivers may take their eyes off the road when speaking with passengers or kids in the car.

Steps to Take Following a Distracted Driving Accident

After a distracted driving accident, the injured victim should take several steps to increase the chances of a successful claim. First, it is in the best interest of an injured victim of a distracted driver to call the police. When speaking to the police, victims should remember to never admit fault for the collision.

Also, injured victims would be well-advised to collect contact information from all drivers and witnesses involved in the collision. Taking photos of the cars, injuries suffered, and location of the crash may also become important if the case goes to court. After seeking medical attention, injured victims should also contact an experienced Miami personal injury attorney. A skilled attorney may be able to acquire phone records to prove that the driver was distracted at the time of the accident. Additionally, an examination of the car and a police report may help prove liability for the crash.

The Florida personal injury attorneys at the Law Office of Ruth E. Johnson have a history of holding distracted drivers accountable for the actions they cause. Call us today to request a free and comprehensive consultation.

FAQ’s

How Much is My Case Worth?
This really depends on the nature and severity of the accident, and whether or not the injury is due to the negligence of another party or occurred during the course and scope of employment (workers' compensation). A plaintiff may be able to recover compensation for lost wages, medical expenses future medical expenses, lost profits, future profits...
What Should I Do if I Meet in an Auto Accident?
Immediately seek medical attention of your injuries. Obtain as much information from the other driver(s) as possible, including their name, address, phone number, insurance company, policy number, drivers license and license plate. Be sure to insist that a report is completed by a law enforcement officer and get a copy. You can also take pictures...
When Should I Contact a Personal Injury Attorney After an Accident or Injury?
This depends on how and where the injury occurred. Every State has its own statute of limitations which dictates how long the plaintiff has to file different types of law suits. In Florida, the statute of limitations for a negligence claim is typically four years, with the exception of medical malpractice which is two years from the date of injury...
Under the Workers' Compensation Laws in Florida, How Long Do I Have After an Accident to Report It to My Employer?
If you or someone you love has been injured on the job, first seek medical attention of those injuries. The next step should be to report those injuries to your employer. If you fail to report your injury to your employer within thirty (30) days, then your claim may be denied.
Who is Responsible if I Slip or Trip and Fall on Someone Else’s Property?
A property owner is not always responsible for something on which you slip or trip. This must be analyzed on a case by case basis depending on the cause of the dangerous surface and a careful evaluation of the owner’s knowledge of the hazard and failure to address. This is usually an in depth legal analysis of the “reasonable care of the property”...

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