Work With Our Distracted Driving Attorney in Apollo Beach, FL
What Do We Mean by Distracted Driving?
- Talking on the phone
- Eating and drinking
- Adjusting the radio or GPS
- Talking to passengers
- Daydreaming
What Injuries Are Common in Distracted Driving Accidents?
- Whiplash and neck injuries
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal injuries
What Is Florida’s Distracted Driving Laws?
Florida has taken significant steps to combat distracted driving. Recently, the state has banned any form of texting while operating a motor vehicle, and it’s illegal to manually type or enter letters, numbers, or symbols into a wireless communication device behind the wheel. Beyond that, Florida has several other statutes we consider in distracted driving cases. A few key points include:
- Texting while driving is a primary offense, which means an officer can pull you over solely for texting and driving.
- Drivers cannot hold or handle their phones in designated school zones, school crossings, or active work zones.
- A first offense results in a $30 fine plus court costs, but a second offense incurs a higher fine and results in points added to your driver’s license.
Steps to Take After a Distracted Driving Accident
- Ensure Safety — Safety should always be your top priority. Check yourself and others into injuries and call for medical assistance and police as soon as possible.
- Document the Accident — If it is safe, take photos and videos of the accident scene, including vehicle damage, road conditions, and any visible injuries.
- Gather Information — Exchange contact and insurance information with the other driver. Get the names and contact details of any witnesses.
- See a Doctor — Even if you feel fine, seek medical attention as soon as possible. Some serious injuries, like whiplash or internal bleeding, may not have immediate symptoms.
- Report the Accident — File a police report and notify your insurance company about the accident but stick to the facts. Avoid admitting faults or speculating on the cause.
- Contact an Attorney — Before going any further, speak with a distracted driving lawyer to ensure your rights are protected.
Why Hire a Distracted Driving Accident Lawyer?
- Investigating the accident
- Proving the other driver was negligent
- Calculating damages, given your medical bills and lost wages
- Negotiating with insurance companies
- Representing you in court
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Frequently Asked Questions
What compensation can I recover in a distracted driving claim?
You may be entitled to recovery from economic damage, such as medical expenses and lost income, and non-economic damage, like pain and suffering. In some cases, punitive damages may be awarded to punish the at-fault driver for egregious behavior.
How can I prove the other driver was on their phone?
An attorney can subpoena cell phone records to show if the driver was texting, calling, or using data at the time of the crash. Eyewitness testimony and the driver’s own admission can also serve as evidence.
What if I was partially at fault for the accident?
In Florida, you can still recover damage even if you are partially at fault. However, your compensation will be reduced by your percentage of fault.
How long do I have to file a lawsuit in Florida?
The statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. We recommend acting as soon as possible to protect your rights.
Can I sue a distracted driver for wrongful death?
If you have lost a loved one in a distracted driving accident, you may be able to file a wrongful death lawsuit. This type of claim allows eligible family members to seek compensation for funeral expenses, loss of financial support, and emotional pain.
Schedule Your Free Consultation Today
Together, we can explore your legal options and develop a strategy to secure the compensation you deserve in order to move forward with your life. Let Mr. Sammons’ expertise, compassion, and dedication be your advantage in seeking justice and recovery.