In today’s society, almost every driver has a cell phone. Whereas cell phones are often a lifesaver after an accident, or when a driver is stranded, they also pose a dangerous threat to motorists in the state of Florida. In 2015, approximately 45,740 accidents in Florida were attributed to distracted driving. About 24,560 of these crashes resulted in injuries, and, tragically, 198 resulted in fatalities. Nearly 200 individuals lost their lives in 2015 in Florida because a driver failed to pay attention to the road. Distracted driving accidents are on the rise and unfortunately will likely continue in the near future.
There are three categories of distractions on the road:
- Visual, or taking one’s eyes off of the road;
- Manual, or taking one’s hands off of the steering wheel; and
- Cognitive, or focusing on something other than driving.
Texting, the biggest culprit of distracted driving accidents, involves all three distractions. A driver cannot look at the road and a cell phone screen at the same time. Additionally, a driver cannot have his hands on the steering wheel while composing a message. Sending and receiving texts while driving also requires one to think about the message he wants to communicate. Therefore, texting and driving is an extremely dangerous activity. Texting and driving puts other motorists, cyclists, and pedestrians at risk.
When accident victims are injured due to distracted driving, they may be able to file a claim against the at fault driver. A will first attempt to negotiate with the at fault driver’s insurance company to see if the insurance company will make a reasonable settlement offer. The attorney may choose to send in a demand letter, which lays out a list of damages the victim suffered and liability issues. Under Florida law, damages include the cost of medical bills, lost wages, loss of earning capacity, scarring, disfigurement pain and suffering, and even the cost of future medical care.
An insurance company may decide to pay the settlement, or it may refuse. If the insurance company refuses to pay, the attorney may file a lawsuit on behalf of the accident victim. Once the lawsuit is commenced, the parties will exchange documents and other pieces of evidence as they build their arguments and defenses.
Personal Injury lawsuits are often complex and require the advanced skill of a Miami personal injury attorney. These attorneys carefully examine the facts of the accident, as well as the nature of the victim’s injuries. The attorney’s job is to demonstrate how the accident directly caused the harm to the victim. If a victim has preexisting injuries or other medical conditions, this task may become difficult. Therefore, it is important to select an attorney with years of experience in these types of claims. Otherwise, the victim risks receiving little or no compensation.
Contact an experienced distracted driving accident attorney to discuss your claim
At Gerson & Schwartz, our Miami distracted driving accident attorneys have the experience and skill necessary to fight your case. We offer a free consultation so that we may discuss your legal options. To schedule your free consultation, call 877-475-2905.