How common is distracted driving?
Distracted driving is widespread, with a driver’s cell phone use preceding their car accident 25% of the time. That means distractions from cell phone use alone contribute to a quarter of all traffic accidents.
Is distracted driving illegal in Florida?
Florida’s traffic laws attempt to reduce the volume of distracted driving accidents. These traffic laws prohibit drivers from using handheld electronic devices while driving.
Is distracted driving considered negligence?
Everyone is legally responsible for demonstrating a “duty of care” toward others. Consequently, drivers must drive safely and make reasonable attempts to avoid accidents. Distracted drivers fail to fulfill this duty and can be considered negligent if their distracted driving causes an accident.
Consequences of distracted driving
Under Florida statutes, a driver facing their first-time distracted driving offense could pay a fine of $350, plus court costs. Drivers may face additional fines and be given points on their driver’s record if they’re charged with additional distracted driving offenses.
Drivers may also face additional consequences if they cause an accident resulting in severe injuries. Suppose you’re driving in Tampa. You approach an intersection, and you have the right of way. Your vehicle is hit by a car driven by someone that failed to stop and didn’t have the right of way. That driver was texting while driving and didn’t stop because they weren’t paying attention to the road. You can seek compensation for expenses and the personal impact of your accident from the at-fault driver who caused the wreck.
Suppose this driver struck a pedestrian before they hit your car. If the pedestrian died, the distracted driver could face criminal charges for vehicular homicide.
How can a lawyer help you if you have been injured by a distracted driver?
Tampa car accident attorneys can provide legal support after a distracted driving accident. Your attorney can counsel you while you’re at the accident scene and ensure you do what’s required by law after an accident in Florida.
Your attorney will investigate the accident and prepare a legal case. They can gather the evidence to prove that distracted driving caused your accident. Proving the at-fault driver was guilty of distracted driving establishes negligence, which your attorney must prove to win your lawsuit if it goes to trial.
Claimants may settle their case out of court or go to court to seek a judgment. Your car accident lawyer will handle settlement negotiations before a trial. They’ll argue for you to receive a fair settlement and advise you of your options when a settlement’s offered.
In some cases, the at-fault party doesn’t offer a reasonable settlement. If you are in this situation, your attorney will present evidence at trial. They’ll summon witnesses and use other evidence, including photos, videos, and the police report, to support your case.