Distracted driving claims many lives each year. According to the National Highway Traffic Safety Administration (NHTSA), 2,841 people lost their lives in accidents caused by distracted driving in 2018 alone.
Finding out that a careless distracted driver is responsible for your accident can be frustrating and upsetting, especially if you have suffered extensive injuries or a loved one died in such an accident.
If another driver’s negligence caused your injuries and damages, you could sue them and recover compensation. If you are interested in pursuing financial awards after a car accident that distracted driving has caused, call Ben Crump Law, PLLC, at (800) 598-7557 to schedule a free consultation.
What Counts as Distracted Driving Under Florida Law
We typically associate distracted driving with phone use, either texting or phoning while driving. Texting is perhaps one of the most dangerous distracted driving behaviors since it takes your eyes off the road and your hands off the wheel. In 2019, Florida passed a new texting and driving law, Florida Statutes § 316.305(3)(a), which makes texting while driving a primary offense in the state.
However, there can be many other instances of driver distraction in a car. According to Florida Highway Safety and Motor Vehicles (FLHSMV), anything that takes a person’s hands off the wheel, eyes off the road, and minds off driving counts as distracted driving. Examples of specific distractions while driving are:
- Interacting with children or other passengers in the back
- Eating or drinking while driving
- Unsecured pets in the car
- Grooming (e.g., putting on makeup, combing one’s hair)
- Adjusting the stereo or air conditioning
- Checking the navigation system
If you got hurt in an accident with a distracted driver in Daytona Beach, and they are responsible for the accident, you could have legal recourse. A Daytona Beach distracted driving accident lawyer could help you get justice. Call Ben Crump Law, PLLC, today to schedule a free case evaluation. Share the details of your accident and learn what legal options you might be able to pursue.
For a free legal consultation with a distracted driving lawyer serving Daytona Beach, call (800) 598-7557
Proving Negligence in Distracted Driving Accidents
Distracted driving accidents can be challenging to prove. While phone records could help show that a distracted driver was texting at the time of an accident, proving other instances of distracted driving can be challenging unless there are eyewitnesses.
You may have seen that the other driver acted in a distracted way, but how do you prove this in a court of law with compelling evidence? This is where the help of a distracted driving lawyer can help you bolster your claim. Some ways to provide proof of distracted driving, other than mobile phone records, can include:
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A police report can provide excellent evidence and help to prove negligence. A police report gives you the chance to state everything you saw when the accident happened. If you noticed another driver appeared distracted when causing your accident, you should mention this to the officer so that they include this in the report.
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Eyewitnesses and their statements can help to nail down the cause of an accident and strengthen your case against a negligent driver. They could also testify on your behalf in a court of law.
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Traffic camera footage may be challenging to obtain; however, this type of evidence can be especially useful for proving negligence. If you have a dash camera, it may also have recorded important moments of the accident, and any footage could serve as evidence.
Photographs and Videos
If you took any photographs or videos at the accident scene, make sure to submit them as evidence. Expert witnesses and accident reconstruction professionals might be able to use photographs and videos to help reconstruct how an accident happened. This could also help prove the negligence of the liable driver.
Evidence of Your Damages
In a case against a negligent or reckless driver, it will be pivotal to prove your damages, such as injuries and property damage. For this, you will need medical reports and other supporting documentation.
A Daytona Beach distracted driving accident lawyer can help you gather the evidence you need, provide expert witnesses, and help you collect proof of any damages that you suffered in the accident.
Compensation in Distracted Driving Accidents
You might be able to recover some damages from your insurance. As Florida is a no-fault state, drivers usually turn to their own insurances regardless of fault. However, there are some pitfalls to consider.
First, the coverage limit may be too low to adequately compensate you. Second, you might end up fighting your own insurance rather than seeking compensation from the at-fault driver or their insurance company.
If you have suffered serious injuries and financial losses, you should consider filing a lawsuit to recover what is due to you. You could potentially recover various types of compensation, depending on your case, such as:
- Property damage
- Medical expenses
- Lost income
- Physical and emotional pain and suffering
- Reduced life quality
In some cases, you could also receive punitive damages in addition to compensation.
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If you or a loved one has suffered serious consequences in an accident with a distracted driver, you might want to consider seeking legal advice and find out about your options. You could potentially recover compensation that can help you recover and move on with your life. If another driver caused your accident with their carelessness, they should pay.
Do not wait too long to take legal action. Florida Statutes § 95.11 generally gives you four years to file a personal injury claim. However, gathering evidence and witness statements will be much easier soon after an accident.
Your Daytona beach distracted driving accident lawyer can help you with your case in several ways, including:
- Gathering important evidence
- Providing legal advice and assistance
- Building your case against a negligent driver
- Negotiating with insurances
- Representing you in court
We do not charge any lawyer’s fees upfront, and we receive payment only if we win your case. Contact Ben Crump Law, PLLC, at (800) 598-7557 today for your free no-obligation case review with one of our team members.
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