In the United States, distracted driving and the accidents that arise from these actions have become a dire issue. Each day, around 9 people die and over 1,000 people sustain injuries. This means that each year, around 368,285 people are usually affected. If you were recently harmed or lost someone you loved in an accident involving distracted driving, you should contact a Florida distracted driving accident lawyer as soon as you can. Our experienced personal injury attorneys will help you to secure the maximum compensation that you rightly deserve.
What Is Distracted Driving?
Distracted driving is classified as a form of ‘negligent’ driving. Many distractions in a car can divert the attention of the driver away from keeping their eyes on the road. Potential distractions often include:
- Playing loud music
- Cellular devices such as phones, tablets, or GPS systems
- Children roughhousing or fighting in the back of the car
It is very easy for a distracted driver to miss either a roadway emergency or an abrupt and unexpected traffic back-up. This can result in a crash or collision that ends up injuring other pedestrians, passengers, or drivers. If you have suffered injuries from an accident on any roadway that has resulted from negligence, it is advisable to contact a law firm such as Klotzman Property Damage Law as soon as you can.
Types Of Distracted Driving
Distracted driving falls under three different categories:
• Visual Distractions
You must have a clear view of the roadway all the time when driving. This means avoiding doing things that force you to look elsewhere. Examples of visual distractions include reading a text message on your phone or turning around to check on your baby in the backseat.
• Manual Distractions
It is also very important to make sure both your hands are on the steering wheel while you are driving. Things such as drinking, eating, applying makeup, or holding your phone in one hand are all regarded as manual distractions.
• Cognitive Distractions
Cognitive distractions are also a type of distracted driving. If your mind is on something else, it may mean that you are not paying enough attention to your driving or the road. These actions often result in fatal or serious road accidents. Examples of cognitive distractions include talking on your phone or turning around to speak to other people in your vehicle.
Laws Associated With Distracted Driving In The State Of Florida
There are several ways that ‘distracted driving’ is addressed in the state of Florida. In the majority of cases, these offenses fall under a category known as reckless driving. Florida has defined ‘distracted driving’ as any type of activity that involves the driver taking their hands off their steering wheel, their eyes are off the road, or when their thoughts or mind are away from concentrating on driving. This creates cognitive, visual, or manual distractions when it comes to driving.
What Does The State Of Florida Do To Avoid Distracted Driving?
The distracted driving laws in Florida have made it much easier for traffic officers to pull people over that are seen operating their vehicles while distracted. The hand-held device laws implemented in 2019, now allow traffic officials to pull people over when they see them distracted by a device such as a phone while driving. Before, they were only allowed to ticket a driver for this offense if they had been stopped and pulled over for something different.
What Damages Can Accident Victims Claim For in A Distracted Driving Accident Case In Florida?
Damages that arise from car accidents are broken down into 2 broad categories. These include punitive damages and compensatory damages. Compensatory damages are designed to compensate injured victims for any harm he/she sustained due to the accident. Here are the categories that fall under compensatory damages:
• Medical Expenses
Medical expenses can include hospital bills, emergency transportation costs, rehabilitation treatments, prescription bills, and more.
• Lost Wages
If you have to take time off work to recover from your injuries, you can file a claim to compensate you for your lost wages. Serious injuries can result in future wage loss or decreased earning capacity.
• Pain And Suffering
Plaintiffs in the state of Florida may be entitled to compensation relating to pain and suffering caused by a direct result of a car crash. A Florida distracted driving accident lawyer can assist you with working out your damages relating to pain and suffering.
• Loss Of Consortium
Your spouse can also seek compensation for the losses caused by your injuries. Loss of consortium is the legal term used to describe the loss an individual suffers after his/her spouse has been injured or dies due to the intentional, negligent, or wrongful act of another person.
Punitive damages is meant to “either act as a deterrent or punish a defendant”. The Statutes in Florida states that no claims are permitted for punitive damages “unless there is a showing that is reasonable by evidence that provides a ‘Reasonable Basis’ for the recovery of such damages”. However, there won’t be any showing of “financial worth” until the court determines whether “punitive damages” are permitted.
How Long Do I Have To File A Claim In Florida?
The time that you will have to file your claim for personal injuries depends on multiple factors. Some of these include the injury type, and who should be held responsible. For most personal injury claims in Florida, you will have 4 years from the date of your accident to file a claim.
Why Do You Need A Distracted Driving Accident Lawyer?
If you have been injured in an accident caused by distracted driving, it is best to contact a distracted driving accident lawyer as soon as possible. Hiring an attorney might not solve your emotional loss, but they can assist you with obtaining the financial compensation you deserve.
Schedule Your Free Consultation Today with a Florida Distracted Driving Accident Lawyer
If you were hurt in a car accident involving a distracted driver, we are here to help! At Klotzman Property Damage Law, your Florida distracted driving accident lawyer has ample experience when it comes to dealing with these case types. We will work hard to make sure you receive the maximum compensation. Contact us us today at [Phone] so that we review your case.