Protecting Accident Victims’ Rights After Distracted Driving Crashes. Get the Compensation You Deserve.
Speak with an experienced Tampa car accident attorney when you turn to the team at Jack Bernstein, Injury Attorneys. With decades of experience serving car crash victims just like you, we’ll help you hold responsible parties accountable so that you recover the compensation you’re entitled to.
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What Is Distracted Driving?
Multiple types of distractions cause accidents. Anything that shifts a driver’s focus away from driving qualifies as a distraction.
Distractions fall into the following categories:
- Visual distractions: Drivers should look at the road and the vehicles around them, and pay attention to activity on the side of the road and nearby sidewalks. Focusing on things like texting that prevent you from monitoring traffic conditions causes visual distractions.
- Manual distractions: Keep your hands on the steering wheel for maximum control when operating a motor vehicle. Anything that prompts a driver to take one or both of their hands off the steering wheel can qualify as a manual distraction.
- Cognitive distractions: When drivers are not paying attention, they may not recognize changes in traffic conditions that require them to adjust their driving patterns to avoid an accident. Daydreaming and hands-free phone calls also cause distracted driving accidents.
How Common Are Distracted Driving Accidents in Florida?
Like with many states, distracted driving is a big issue for residents and visitors in Florida. This contributes to an increased number of crashes, fatalities, and injuries every year. According to national statistics highlighted by the National Highway Traffic Safety Administration (NHTSA), distracted driving accounted for 3,308 fatalities, roughly 8% of all traffic fatalities. Another 289,310 individuals were injured in distracted driving car crashes
The latest data from the Florida Highway Safety and Motor Vehicles (FLHSMV) 2023 Report details that in Florida, about 7.5% of all car accidents involved distracted driving, resulting in 333 fatalities and 27,742 injuries.
Which Age Group Is Most Likely To Drive Distracted?
Teen drivers aged 15 to 24 are the most likely to be involved in distracted driving accidents.
According to national statistics, 9% of all fatal teen car crashes involve distracted driving. The NHTSA’s 2020 report shows that drivers under 20 were at a disproportionately higher risk of being involved in an accident.
Statewide throughout Florida, 2023 distracted driving statistics show that young adults aged 20 to 24 were involved in the most distracted driving crashes, followed by adults aged 25 to 29. Teens aged 15 to 19 followed national trends, with the highest rate of involvement in distracted driving accidents.
Is Distracted Driving Illegal in Florida?
Distracted driving laws in Florida include the 2019 Florida Statutes § 316.305, which makes it illegal to text and drive.
The 2019 Florida Wireless Communications While Driving Law is another initiative aimed at curbing distracted driving. Under this law, cell phone use while driving is primarily enforced in school zones, and includes penalties, such as fines, points on your license, and higher insurance premiums.
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.
Or suppose this distracted driver struck a pedestrian. If the pedestrian died, the distracted driver could face criminal charges for vehicular homicide.
Common Injuries From Distracted Driving Accidents
There are a number of injuries that can result from a distracted driving accident. The type of injury sustained depends on the type of accident that happened.
More severe injuries, like broken bones, disfigurement, and neck or spinal cord injuries can result from high impact car accidents. Other injuries, such as whiplash, scarring, and bruising, can happen in minor to more severe car accidents as well.
Some of the more common injuries you’ll find with distracted driving include:
- Head trauma
- Neck/back injuries
- Spinal cord injuries
- Psychological trauma (PTSD)
What To Do After a Distracted Driving Accident
After being involved in a distracted driving accident, it’s important to do the following:
- Call 911 to have a police report filed, and so that medical professionals can arrive on the scene to assess your injuries.
- Seek immediate medical care if you need it.
- Document the accident scene, begin evidence gathering, including taking down statements from witnesses, taking pictures, and videos of the accident.
- Never admit fault at the scene. This could compromise your ability to recover compensation.
- Contact a distracted driving accident lawyer in Tampa, such as the team at Jack Bernstein, Injury Attorneys. The right legal representation can help you navigate the claims process, so you recover the maximum compensation.
Who Pays for Your Damages After a Distracted Driving Accident?
Florida is a no-fault state, meaning all drivers are required to carry their own personal injury protection (PIP) in order to operate a vehicle in the state. In the event of an accident, all drivers turn to their own insurance to help cover the cost of medical bills, property damage, and other expenses.
There are minimum coverage requirements, including $10,000 in property damage liability (PDL) and medical coverage. Your PIP insurance will not cover your property damage (You’ll need collision insurance for that.).
If the damages and injuries you’ve suffered exceed your insurance policy, you can take legal action to recover compensation from the at-fault driver. To pursue a lawsuit, however, you must meet the serious injury threshold as outlined by Florida Statutes § 627.737.
To meet this threshold, you must have suffered:
- Significant and permanent loss of an important bodily function.
- A permanent injury.
- Significant and permanent scarring.
Florida’s Modified Comparative Negligence Rule
It’s also important to understand that Florida has a modified comparative negligence rule. This means that even if you are partially at-fault for a car accident, you can still seek compensation. However, you must be 50% or less at fault, and the amount you can recover is equal to the percentage that you were not at fault.
If You Are Injured in a Distracted Driving Accident, What Damages Can You Recover?
Accident victims may seek monetary and non-monetary damages from the at-fault driver. There are also cases when accident victims can seek punitive damages in addition to monetary and non-monetary damages.
Monetary Damages
Monetary damages are also called economic damages. Calculating these damages involves gathering the bills related to your accident and adding up the total costs. Monetary damages include lost income, childcare expenses, property damage costs, and medical bills.
Non-Monetary Damages
Non-monetary damages provide compensation for the personal toll you suffer after an accident. Examples of these non-economic damages include compensation for grief, trauma, and pain.
When the at-fault driver performed intentional acts that they knew jeopardized safety, accident victims can seek punitive damages. These damages aren’t based on financial or personal costs. Juries award punitive damages to punish the driver for their actions.
How Our Tampa Distracted Driving Attorneys Fight for You
Having the right legal assistance can make a difference in your insurance claim. With the right distracted driving lawyer, you’ll have someone who will be there with you throughout the entirety of your case.
Insurance companies will always try to lowball your claim and minimize your payout. When you work with a car accident lawyer at Jack Bernstein, Injury Attorneys, you can expect a legal team that will do the following:
- Investigate the accident scene.
- Document the scene through photos, witness testimony, phone records, police reports, and other pieces of evidence.
- Negotiate a fair settlement on your behalf.
- If a settlement is not reached, your legal team will represent you fully if your case goes to trial.
Why Choose Bernstein Injury Law?
With 30 years of experience serving and supporting victims like you, our attorneys have helped recover millions for those injured in car crashes, including those involving distracted driving.
Working with a Tampa car accident lawyer from our law firm means you’ll have an experienced distracted driving accident attorney on your side who will offer trusted legal representation that’s client-focused and driven toward successful outcomes.
Contact Our Tampa Distracted Driving Accident Attorneys
When you’re ready to speak with the Tampa car accident lawyer, reach out to our team today. We offer free case evaluations to help you determine the strength of your case, and provide your legal options.
There is no fee unless we win your case, and our injury attorneys will be with you throughout the process for the legal help and support you need.
You Are Not Alone
The claims process can be complex, but we’re ready to help every step of the way.
FAQs
What Are Florida’s Distracted Driving Laws?
There are several distracted driving laws in Florida, including Florida Statute § 316.305, where it’s illegal to text and drive, as well as the 2019 Florida Wireless Communications While Driving law.
Are There Exceptions to Florida’s Texting While Driving Law?
Yes, there are several exceptions to the laws, including cases of an emergency, stationary vehicles, phone usage for navigation and GPS, and the use of hands-free devices.
What Types of Evidence Are Useful in Proving Distracted Driving?
Evidence, including photos, police reports, and witness statements, can all help you prove your case.
Can You Sue the Other Driver for Emotional Distress Caused by the Accident?
Yes. Emotional distress, including anxiety, PTSD, and other mental health struggles because of your accident, can fall under non-compensatory damages.
What If the At-Fault Driver Was Using a Company Vehicle?
You can still take legal action. You may be able to sue the employer and other third parties involved.
Should You Hire an Attorney After a Car Accident in Florida?
If your injuries are severe, an experienced personal injury attorney can help you recover much higher settlements because of the expertise they provide.
How Much Does an Attorney Charge for a Car Accident in Florida?
All attorneys operate on their own pricing structure. At Jack Bernstein, Injury Attorneys, we don’t take a fee until we win your case.
What Are the Common Mistakes To Avoid Before Hiring an Accident Attorney?
There are several, but some of the most notable include not seeking out medical care in time, admitting fault at the scene or when speaking with insurance providers, and not getting the support of a personal injury attorney right away.
About Jack G. Bernstein Esq.
Personal Injury Lawyer
For more than 40 years, personal injury lawyer Jack G. Bernstein — a member of the Florida State Bar Association, the Hillsborough Bar Association, and the Clearwater Bar Association — has protected the rights of individuals injured by a negligent party.
Mr. Bernstein has the expertise to handle various injury cases, including, but not limited to, car accidents, medical malpractice cases, cruise ship accidents, accidental drownings, wrongful death lawsuits, along with most injury and catastrophic occurrences, and legal malpractice issues.
With a staff of approximately 40 people, including six lawyers and 34 support personnel, Jack Bernstein, Injury Attorneys, handles every type of personal injury and accident case throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. Our office has the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
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Sources:
Florida Texting and Driving Laws.
Mental Distraction Myth Busters.
The 2024 Florida Statutes 316.305.The 2024 Florida Statutes 627.737.