Distracted driving kills nine people in the US (Centers for Disease Control and Prevention) daily. We all know the dangers of distracted driving. Sadly, distracted driving continues in Tampa and throughout Florida annually.
Most people have engaged in distracted driving at one point or another. But distracted driving accidents are preventable tragedies that everyone can take steps to avoid. By limiting distractions and following traffic laws, motorists can practice safer driving.
Our Tampa Distracted Driving Accident Attorneys can help you seek compensation after a distracted driver injures you. In addition, experienced Tampa Distracted Driving Accident Attorneys can give you solid legal advice so you make educated decisions.
Distracted Driving Has Become an Apathetic Activity for Many Tampa Drivers
Any person driving a car has a great responsibility to control the vehicle. There’s hundreds of horsepower moving thousands of pounds of metal, steel, and rubber.
But as technology becomes more streamlined, distracted driving increases. Distracted driving accounts for nearly 25% of all motor collision deaths. According to research, texting is the leading offense for distracted driving in Tampa and the US. Followed by that are talking on the phone, talking to a passenger, moving objects in the vehicle, adjusting the radio or temperature, reaching for an object, and daydreaming.
Driving is a task that many folks do everyday to get to their required destinations. For many, it’s a nuisance and they’ve become desensitized to the task. It’s almost the norm to eat on the go, take calls, and run other errands while driving. But any form of distracted driving is dangerous and can cause substantial outcomes. It only takes a matter of seconds.
If you were involved in a distracted driving accident in Tampa, call a Tampa Distracted Driving Accident Attorney. We’ll review your case and figure out what happened so you can get compensation from the right parties.
Is It Worth It to Hire a Tampa Distracted Driving Accident Attorney?
After sustaining injuries in a Tampa distracted driving accident, you deserve fair compensation. However, insurance companies are often determined to pay far less than a fair settlement. When you hire a skilled Tampa Distracted Driving Accident Attorney, you significantly increase your odds of getting a better settlement outcome.
Here are some other highly beneficial aspects of working with a Tampa Distracted Driving Accident Attorney:
- They have large networks that include the top professionals and specialists necessary for your case.
- They could help you find a qualified physician or medical professional to provide top-level care for accident-related injuries.
- A Tampa Distracted Driving Accident Attorney will review your medical records to understand the extent and nature of your injuries and how they impacted your life.
- A Tampa Distracted Driving Accident Attorney will communicate with insurance companies, attorneys, and other parties for you.
- They know what evidence you need and how to get it.
- A Tampa Distracted Driving Accident Attorney will negotiate on your behalf to win the highest compensation.
What Is Considered Distracted Driving in Florida?
According to statistics from the National Highway Traffic Safety Administration, in 2020, there were 3,142 traffic fatalities caused by distracted driving.
Local statistics from Florida Highway Safety and Motor Vehicles (FHSMV) show that Florida had 56,594 distracted driving accidents in 2021. Of those accidents, 2,726 resulted in serious injuries, and 350 led to fatalities.
Distracted driving is a public health risk. Anything that takes the driver’s attention or focuses off the road is a distraction. Driving distractions are divided into three categories:
Visual
Any distraction that causes the eyes to wander away from the road. For example, looking at your phone or turning to look at a passenger are visual distractions.
Manual
Manual distractions are those that take the driver’s hands off the steering wheel. For example, texting, dialing, eating, applying makeup, drinking, adjusting A/C or radio controls, or reaching for an object in the back are all manual distractions.
Cognitive
Any distraction that takes your attention and focuses away from the task of driving is a cognitive distraction. Texting is the most dangerous distraction because it’s a three-in-one (visual, manual, and cognitive) distraction.
Distracted Driving Laws in Florida
Under Florida law, distracted driving could be considered negligence. Furthermore, texting and driving are against the law. Florida drivers are prohibited from doing the following activities while driving:
- Texting
- Instant messaging
- Sending emails
- Entering characters onto a communication device
- Sending or reading any data while driving
The exception to this rule is when a driver needs navigation or to place an emergency call for help. Moreover, violating Florida’s ban on texting while driving can result in non-criminal traffic infractions or nonmoving violations.
Florida Law Bans Texting and Driving
Florida passed legislation in 2019 specifically making it illegal to text and drive. Any activity where the driver physically types or enters characters into a wireless device while driving is prohibited. “Florida’s Ban on Texting While Driving Law” (also known as Florida Statute 316.305 enforces penalties for anyone violating the law. Here are some additional facts about Florida’s law against texting and driving:
- You can get a ticket if you text and drive
- School zone and construction zones are especially protected, so you shouldn’t use them at all in those areas
- Officers don’t need a search warrant if they pull you over on a suspicion of texting while driving. If you cause injuries or death to another person, your phone records and phone bills can be used as evidence.
- First-time offenders have the opportunity to take a driver education course to evade license points. However, the law is less forgiving of repeat offenders.
If you were injured by a careless, distracted driver, get a Tampa Distracted Driving Accident Attorney to help you hold them accountable.
Proving Negligence in a Tampa Distracted Driving Accident
Regarding insurance, Florida is a no-fault law state. Therefore, all drivers use personal injury protection (PIP) as default coverage to recover compensation. However, if a person’s injuries exceed the serious injury threshold, they may file a personal injury claim.
Filing a personal injury claim for damage compensation requires proving that the other party was negligent. Additionally, you must present supporting evidence to show that their negligence caused your injuries.
If you can prove that the other party was driving while distracted, you can easily prove their negligence. This is because, under Florida law, all drivers have a duty of care to all other people sharing the roadways. In other words, drivers are legally obligated to operate their vehicles safely and obey traffic laws. Failing to do so (e.g., distracted driving that causes an accident) is negligent. Therefore, they can be held accountable for any damages you sustained due to their distracted driving.
What Evidence Do I Need for a Tampa Distracted Driving Accident Case?
Here are some examples of evidence that can help support your claim that the other driver was distracted:
- Phone records to prove they were on a call or texting at the time of the accident
- Surveillance of CCTV footage to show they were using their phone or otherwise distracted
- Witness testimonies to corroborate that the driver was distracted before the accident occurred
- Damage to your vehicle that might indicate how the accident happened, which can show the driver what distracted
It’s okay if you don’t know where to start gathering evidence. A Tampa Distracted Driving Accident Attorney can help you get everything you need to build a strong case.
Can I Collect Compensation After a Tampa Distracted Driving Accident?
Yes. If you prove the at-fault party was negligent and caused your injuries, you may be eligible for damage recovery. Which damages and how much you can collect depends on the nature and extent of your injuries. An experienced Tampa Distracted Driving Accident Attorney can help you assess damages and determine an accurate value.
Depending on your circumstances, you might be eligible to claim the following damages:
- Medical costs
- Lost wages
- Pain and suffering
- Scarring and disfigurement
- Property damage
- Mental anguish
- Lost earning capacity
- Future medical costs
- And more
You can only obtain a limited amount of compensation through PIP coverage. So if your damages exceed that limit, it’s time to speak with a competent Tampa Distracted Driving Accident Attorney who can give you solid legal counsel.
Contact a Tampa Distracted Driving Accident Attorney Today
If you sustained injuries in a Tampa Distracted Driving Accident, we might be able to help you. Call today to discuss your legal options. We offer a free initial consultation.
