Distracted Driving Accidents

Seeking Compensation for Victims Who Have Suffered Injuries in Distracted Driving Accidents Throughout Florida

The consequences of a distracted driving accident in Florida can greatly affect your daily life. Financially, the medical treatment expenses can be overwhelming — and this difficulty compounds if you have not been able to work due to the accident. Physically, injuries from an auto accident can range from minor to severe, potentially including broken bones, spinal cord injuries, or traumatic brain injuries. An experienced Florida distracted driving accident attorney at Britto & Herman Injury Lawyers can provide guidance to help you seek compensation for your injuries and losses through a personal injury claim for a motor vehicle accident caused by a distracted driver.

Medical expenses for emergency care, surgeries, rehabilitation, and ongoing treatment can quickly accumulate. If the injury leads to temporary or permanent inability to work, lost income compounds the financial strain.  You may also experience trauma, anxiety, depression, and even post-traumatic stress disorder (PTSD). Many accident victims also develop a fear of driving or being on the road, further impacting their daily routines. Your distracted driving accident lawyer can guide you through the complex legal process, help gather evidence, establish the at-fault party’s negligence, and negotiate with insurance companies for fair compensation to account for medical bills, lost wages, pain and suffering, and other damages related to the accident.

By managing the legal aspects of the case, your distracted driving accident lawyer will allow you to focus on your recovery, alleviating some of the stress associated with the aftermath of such a traumatic event. Contact our experienced Florida distracted driver accident attorneys at Britto & Herman Injury Lawyers today to schedule a free consultation, where we will assess your unique injury case.

Common Causes of Distracted Driving Accidents in Florida

Distracted driving is a major contributor to car accidents in Florida. The National Highway Traffic Safety Administration defines distracted driving as any activity that diverts attention from driving. A rise in distractions within drivers’ motor vehicles have contributed to more accidents since cell phones and GPS navigation tools have become commonplace. Despite the dangers of distracted driving, the following potentially deadly behaviors remain common on Florida’s roads:

• Texting While Driving: Using a mobile phone while driving, particularly for texting, is a leading cause of accidents, as the driver takes their eyes off the road when looking at a cell phone to read or write a text message.
• Talking on the Phone: Even hands-free phone conversations can distract drivers and contribute to accidents. Using a cell phone diverts attention from the road and other motorists, and cell phone use is a leading contributing cause of car accident injuries.
• Eating or Drinking: Consuming food or drinks while driving can take a driver’s attention off the road.
• Adjusting Navigation Devices or Radios: Changing settings on GPS devices or the radio dashboard can divert drivers’ attention from driving.
• Conversations with Passengers: Engaging in intense or emotional conversations with passengers can also be distracting for a driver.
• External Distractions: Things outside the vehicle, like billboards, scenery, or people, can draw a driver’s attention away from the road.

It’s important to note that Florida law prohibits texting while driving, recognizing its significant contribution to distracted driving accidents. An experienced distracted driving lawyer at Britto & Herman can assess whether the other driver was using a cell phone for texting or telephone calls in a way that may have impeded their primary task of paying attention to the road when reviewing the police report, analyzing evidence from the accident scene, and addressing other crucial evidence particular to cell phones and their usage.

Food, personal grooming, GPS navigation tools, and radio or music controls can likewise avert a driver’s eyes from the road or occupy the driver’s hands when they are behind the wheel. These and other examples of failing to stay focused in order to protect other drivers on the road can constitute a negligent breach of one’s legal duty. If you suffer a car accident due to this carelessness by another driver, you may be able to pursue an insurance claim or a lawsuit for the injuries caused by their negligence.

At Britto & Herman Injury Lawyers, we help victims pursue compensation when negligent drivers cause them to suffer physical injuries, vehicle damage, or other expenses. An experienced distracted driving lawyer at our law offices can analyze your case in the aftermath of a car accident anywhere throughout Florida to prove negligence of the at-fault driver and seek appropriate monetary damages to support your physical, emotional, and financial recovery.

Proving Negligence and Fault in a Distracted Driving Accident Case

Proving negligence and fault in a distracted driving accident in Florida involves several key steps under Florida law. The following elements are necessary for your injury claim:

1. Establish Duty of Care: In the context of car accidents, all drivers have a duty of care to drive safely and avoid causing harm to others.
2. Breach of Duty: You need to demonstrate that the other driver breached their duty of care. For example, if they were texting while driving, they were not fulfilling their responsibility to drive attentively. Breach of duty constitutes negligence.
3. Causation: It must be shown that the driver’s breach of duty directly caused the accident. This often requires evidence like accident reconstruction, witness testimonies, and expert reports.
4. Damages: Finally, you must prove that you suffered damages (like physical injury or property damage) due to the accident.

An experienced distracted driving accident lawyer can assist in these steps by investigating the claim, seeking and reviewing the police report prepared by the police officer at the accident scene, gathering relevant evidence, seeking video surveillance footage (if applicable), interviewing witnesses, and building a strong case. Proving negligence in distracted driving cases can be challenging, but it is crucial in order to pursue compensation for your injuries and losses.

Assessing the Types of Damages in a Distracted Driving Case and Evaluating Your Claim

Under Florida law, victims of an auto accident caused by a distracted driver can claim different types of compensatory damages, which are meant to compensate for losses suffered due to the accident. These damages fall into two main categories: economic and noneconomic damages.

Economic Damages

Economic damages are tangible, straightforwardly-quantifiable expenses related to the accident. These can include medical expenses (hospital bills, doctor’s visits, medication), lost wages, property damage, physical therapy, and future medical costs.

Noneconomic Damages

Noneconomic damages are intangible losses that don’t have a specific dollar amount. Noneconomic damages may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Punitive Damages May Be Applied To Deter Distracted Driving

In some cases, punitive damages may also be awarded. Unlike compensatory damages, punitive damages are intended to punish the defendant for their conduct and serve as a deterrent to future acts. Distracted drivers cause serious injuries and deaths daily, so it is in the public interest to seek to minimize this serious threat to safety on Florida’s roadways.

Note that punitive damages are not always applicable, and they are limited in Florida to either three times the amount of compensatory damages or $500,000 — whichever is higher.

What Is The Value of My Distracted Driving Accident Claim?

The valuation of a claim depends upon the sum of the types of damages mentioned above. Cases involving distracted drivers involve unique details which may or may not include the necessary elements to show negligence and causation in addition to your losses. Our experienced Florida distracted driving accident lawyers can assess the details of your case during a free consultation and help determine the potential value of your claim.

Pursuing Medical Treatment and Vehicle Repair Expenses After You Were Injured by a Distracted Driver in Florida

If you’ve suffered an accident in Florida due to the negligence of a distracted driver in Florida, the process of pursuing medical treatment and expenses typically involves the following steps:

1. Seek Immediate Medical Attention: Your health comes first. Seek immediate medical care after the accident. This not only ensures your wellbeing, but also documents your injuries, which is crucial for any future claims.
2. Notify Your Insurance Provider: Inform your insurance company about the accident as soon as possible.
3. File a Claim with Your Own Insurance Company: Florida follows a no-fault insurance system. Regardless of who caused the accident, your Personal Injury Protection (PIP) coverage will pay for 80% of your medical bills and 60% of lost wages up to $10,000. If you have collision coverage, you can use it for vehicle repairs. This requires filing a claim and potentially paying a deductible. Coordinate with your attorney regarding these steps.
4. File a Claim Against the At-Fault Driver’s Insurance: If your medical expenses exceed your PIP coverage or if you’ve suffered significant bodily harm, you and your attorney may file a claim against the at-fault driver’s insurance company. You may also file a property damage claim against their insurance, which may cover the costs to repair your vehicle or account for its fair market value if it’s a total loss.
5. Coordinate with Your Attorney: An experienced attorney can help you navigate the claims process, seek expert witness testimony, seek video evidence or other witnesses’ testimonies, negotiate with insurance companies, and seek fair and appropriate compensation for your damages. Your attorney can also advise you on potential future medical expenses and identify how to include them in your claim.
6. Consider a Personal Injury Lawsuit: If the at-fault driver’s insurance does not fully cover your damages, a personal injury lawsuit may be necessary. At Britto & Herman Injury Lawyers, we are very well-experienced in pursuing lawsuits at trial for our clients when negotiations do not yield an appropriate settlement amount.

Distracted driving can lead to many injuries, which may be serious or catastrophic. Common injuries in auto accidents include cuts, scrapes, bruising, bleeding, broken bones (fractures), head injuries, traumatic brain injury (TBI), spinal cord injury (SCI), other neck or back injuries, various musculoskeletal injuries, burn injuries, amputation, or fatalities.

Every case is unique. Consult with an experienced distracted driving accident lawyer to ensure the right approach based on your specific circumstances.

It Can Help Your Case if the Other Driver is Found Guilty of Violating Traffic Laws

In some cases, there may be a criminal or traffic court case against the distracted driver parallel to the accident claim. A traffic citation alone is not admissible as evidence in court, but a guilty plea in response to a traffic citation or a guilty verdict for the other driver in a criminal case can strengthen your civil claim against them. However, it’s generally not a necessary component for pursuing or winning a civil lawsuit.

A guilty verdict or plea may support your civil claim by demonstrating the other driver’s liability. Given Florida’s modified comparative negligence system, this could be valuable in showing the relative fault of the other driver if you might be considered to be partially at fault for the accident. Your distracted driving accident lawyer can also network with law enforcement officers and review their report to identify evidence to support your case.

How an Experienced Florida Auto Accident Lawyer Can Help You Following an Injury Caused by a Distracted Driver

An experienced Florida distracted driving accident attorney at Britto & Herman Injury Lawyers can play a crucial role in helping victims of auto accidents navigate the complex process of seeking justice and appropriate compensation following an accident caused by someone else’s negligence:

• Case Evaluation: Your attorney can provide a comprehensive evaluation of your case, determining the strength of your claim and identifying potential sources of compensation.
• Evidence Gathering: Your lawyer can help collect and preserve crucial evidence that proves the other driver’s distraction caused the accident.
• Claim Filing: Your attorney can guide you through the process of filing a claim with your insurance company and the at-fault driver’s insurer.
• Negotiation: Your accident attorney can negotiate with insurance companies on your behalf to ensure you are seeking fair compensation for your damages.
• Representation in Court: If necessary, our experienced trial lawyers can represent you in court to fight for the compensation you need.

Starting with a free consultation, our experienced Florida personal injury attorney team at Britto & Herman Injury Lawyers can assess your unique case, advise you on the right course of action, and help protect your rights as you pursue recovery.

Schedule a Free Case Evaluation Today with Britto & Herman Injury Lawyers to Explore Your Distracted Driving Accident Injury Case

At Britto & Herman Injury Lawyers, we prioritize seeking justice for accident victims and their families throughout Florida. We are committed to seeking the maximum compensation that is appropriate to account for your medical care and expenses, lost wages, pain and suffering, and other damages. We serve residents in all Florida counties, and we are ready to help you strategize your next steps.

Contact us today at our Florida law firm to schedule a free case evaluation and discuss your distracted driver accident injury claim with one of our skilled and knowledgeable personal injury lawyers by calling (561) 835-5555(561) 835-5555 or filling out our online form. Let us advocate for your rights.

Our dedicated team has recovered millions for Florida residents through accident claims for personal injuries. Unlike many other Florida personal injury law firms, we are well-prepared to pursue an injury lawsuit in court if it is necessary. We are available 24/7 to fight for you.

The Voice for Florida Injury Victims

Frequently-Asked Questions Regarding Distracted Driving Accident Cases in Florida

Can I sue the driver who was distracted during an auto accident in Florida?

Yes, you can sue the distracted driver for negligence if you suffered injuries or losses. Operating a vehicle while distracted is against the law, but even if they are charged with the crime of distracted driving you would need to pursue a separate injury claim in order to seek financial compensation for your injuries and related medical expenses, property damage, and other losses.

What type of evidence do I need to collect to prove negligence in a distracted driving accident case in Florida?

Evidence of distracted driving can include police reports, witness testimonies, photographs of the accident scene, and any proof of the driver’s distraction. Discuss the unique circumstances of your accident claim with your attorney to identify and secure pertinent evidence for your case.

How does distracted driving affect personal injury claims in Florida?

Distracted driving can significantly impact a personal injury claim, often leading to higher compensation due to the reckless nature of the act. An experienced Florida auto accident attorney can estimate the damages you may be able to claim in your unique case.