If you or a loved one suffer a car accident injury due to another driver’s negligence, speak with a distracted driving car accident lawyer as soon as possible to build a case and file for compensation for your injuries. Unfortunately, countless auto accidents occur each year due to distracted driving, amounting to millions of dollars in medical bills, and lost wages for those affected. Don’t bear the financial burden of another driver’s reckless behavior. Holding them liable for your injuries and receiving a cash settlement may be possible, but you must act quickly.
Call the Weinstein Legal Team for a free and confidential case evaluation today, All of our case evaluations come with no obligation, and our phones are open around the clock every day of the year, so no call for help will ever go unanswered.
Establishing Liability for a Distracted Driving Accident
The state of Florida follows “no-fault” insurance laws regarding accidents and liability, and injured parties may only sue the other driver for negligence under certain circumstances. You must prove that the other driver acted recklessly or with negligence and that they are, in fact, responsible for your injuries and should bear the cost.
Florida’s definition of “serious bodily injury” is somewhat vague and leaves room for interpretation. For this reason, you must speak with a distracted driving accident lawyer as soon as possible to begin building your case. In the state of Florida, “serious bodily injury” encompasses the following scenarios:
- You suffer a permanent injury
- You suffer significant and permanent scarring or disfigurement
- You suffer significant and permanent loss of a bodily function
Then, to establish negligence on behalf of the other driver, you must be able to prove that they acted in a manner that endangered your safety, caused your injury, and was not in line with how any other reasonable driver on the road could have been expected to behave. Often, distracted driving falls into this category of negligence. However, you need an aggressive car accident lawyer in Florida to fight for your rights.
The Types of Distracted Driving
There are three main types of distracted driving, yet many different actions that can fit into each category. The three types of distracted driving are:
- Visual: When you take your eyes off the road.
- Manual: When you take your hands off the steering wheel.
- Cognitive: When you take your mind off driving.
Distractions can be external, or outside of the vehicle, such as flashing lights up ahead or something on the side of the road that catches a driver’s attention. Or, they may be internal, or inside of the vehicle, such as a conversation with passengers. Still, cognitive distractions can take place in your own mind, such as getting lost in thought, daydreaming, or excessive fatigue. The reality is that each of these distractions is equally dangerous and puts others at risk.
Common examples of activities that constitute distracted driving include:
- Using a cellphone for texting, voice calls, or any other purpose
- Using a GPS system while driving
- Eating or drinking
- Reading a map
- Holding a conversation with passengers
- Adjusting the car stereo or focusing on any other knobs or buttons in the vehicle
- Looking through a purse or bag
- Caring for a child
- Applying makeup or grooming
- Reading passing billboards
- Using a Bluetooth device
- And more
Anything that diverts or takes a driver’s attention away from the road in any sense may qualify as distracted driving.
How a Distracted Driving Injury Lawyer Can Help
Due to Florida’s no-fault insurance laws, it may be challenging to secure a personal injury settlement following an accident on your own. For this reason, it is essential that you seek the assistance of an experienced distracted driving car accident lawyer to increase your chances of receiving a positive outcome. Hiring a car accident injury attorney can benefit your case in several ways.
First, the team at Weinstein Legal has access to a wide range of professionals who can strengthen the facts surrounding your case. From crash scene investigators and private investigators to medical experts who can provide testimony on the extent of your injuries, each of these individuals plays a crucial role in bolstering your claim. Investigators may obtain video surveillance footage of the accident, receive statements from eyewitnesses, and more.
Second, there are times when personal injury cases are settled out of court and other times when they process to a trial in front of a judge and jury. If your case moves forward to trial, you want an aggressive legal team fighting on your behalf each step of the way. Mr. Weinstein at Weinstein Legal has years of experience serving as a distracted driving accident lawyer throughout Florida and knows the ins and outs of the local court system.