How Fort Lauderdale lawyers handle distracted driving cases depends on the circumstances surrounding the accident. Distracted driving is a leading cause of crashes, often resulting in severe injuries and significant property damage.
These cases frequently involve distracted drivers who were texting, eating, using their phones, or engaging in other activities that diverted their attention from the road.
A Fort Lauderdale distracted driving accident and injury lawyer typically investigates the cause of the crash, gathers evidence, and works to hold the negligent driver accountable.
What Constitutes Distracted Driving?
Distracted driving occurs when a driver’s attention is diverted away from the act of driving due to other activities. These distractions can impair the ability to react to traffic conditions, maintain control of the vehicle, or avoid hazards on the road.
Types of Distracted Driving
Lawyers often investigate the type of distraction involved in a crash to establish negligence. Common types of distracted driving include:
- Visual distractions: Taking your eyes off the road, such as looking at a phone, GPS, or another passenger.
- Manual distractions: Taking your hands off the wheel, such as eating, drinking, or adjusting the radio.
- Cognitive distractions: Taking your mind off driving, such as daydreaming or being preoccupied with personal problems.
Examples of Distracted Driving
Some of the most frequent activities that lead to distracted driving accidents include:
- Texting or talking on a cellphone
- Eating or drinking while driving
- Adjusting entertainment systems or climate controls
- Using GPS or other in-car technologies
- Interacting with passengers or children
- Reaching for objects inside the vehicle
A Fort Lauderdale car accident lawyer conducts thorough investigations to gather evidence of distracted driving to build a case.
Steps Fort Lauderdale Lawyers Take in Distracted Driving Cases
Handling a distracted driving case involves gathering evidence, proving negligence, and seeking compensation for the victim’s losses. Fort Lauderdale personal injury lawyers follow a detailed process to build a case.
Investigating the Accident
Lawyers begin by conducting a thorough investigation to determine whether distracted driving caused the crash. This may involve:
- Reviewing the police report for evidence of distraction
- Gathering witness statements from those who saw the accident
- Examining photos or videos from the crash scene
- Analyzing skid marks, vehicle positions, and traffic signals
Obtaining Evidence of Distraction
Proving that the at-fault driver was distracted often requires specific evidence, such as:
- Cellphone records: These can show whether the driver was texting or calling at the time of the crash.
- Surveillance footage: Cameras from nearby businesses or traffic lights may capture the driver’s behavior.
- Dashcam video: If available, this can provide visual proof of distraction.
- Eyewitness accounts: Passengers, pedestrians, or other drivers may confirm that the at-fault driver appeared distracted.
Establishing Negligence
To pursue compensation, lawyers must prove that the distracted driver was negligent. This involves showing:
- The driver had a duty to operate the vehicle safely.
- They breached that duty by driving while distracted.
- The breach caused the accident and resulting injuries.
- The victim suffered damages as a result.
Calculating Damages
Lawyers work with their clients to determine the full extent of damages. This includes both economic and non-economic losses, such as medical bills, lost income, pain and suffering, and property damage.
How Insurance Works in Distracted Driving Cases
Florida’s no-fault insurance laws require drivers to rely on their personal injury protection (PIP) insurance for initial coverage after an accident. However, serious injuries may require filing a claim against the at-fault driver.
PIP Coverage
PIP insurance covers up to $10,000 in medical expenses, lost wages, and replacement services, regardless of who was at fault. Lawyers assist clients in filing PIP claims and addressing any disputes with the insurance provider.
Filing a Liability Claim
If the injuries exceed PIP limits or meet Florida’s serious injury threshold, the victim may file a liability claim against the distracted driver’s insurance. Lawyers handle this process, from negotiating with the insurance company to securing a fair settlement.
Uninsured or Underinsured Drivers
If the distracted driver lacks adequate insurance, victims may turn to their own uninsured/underinsured motorist (UM/UIM) coverage for additional compensation.
Contact Us for Help From Our Fort Lauderdale Distracted Driving Accident Attorneys
If you were injured in a distracted driving accident, we can help. At Anidjar & Levine, we are dedicated to helping victims get the compensation they deserve for their injuries and damages.
Call us today for a free consultation. We are ready to review your case, answer your questions, and guide you through the legal process.
We Can Help.
