According to the CDC, nine people are killed every day in crashes that are reported to involve distracted drivers. Motorists may take their eyes off the road for a few seconds to send a text, answer the phone, adjust the volume of the radio, or attend to children or pets. But that’s all it takes to cause an accident. It’s frustrating because these collisions are preventable. Severe injuries and even fatalities may result.
If you’ve been hurt by a distracted driver, contact us at Kogan & DiSalvo. Medical expenses can quickly become overwhelming when your injuries require hospitalization, surgery or extensive recovery. Put your trust in our legal team. We will work diligently to build a strong case and fight to recover the financial resources you need to rebuild your life. Schedule a free consultation with us. We’re happy to review your case and determine if you have a viable personal injury claim.
Common Types of Distracted Driving
While texting while driving may be the best-known example of distracted driving, there are others that are just as dangerous.
The most common types of distracted driving include the following:
- Mental or cognitive distractions occur when you shift your focus from driving to something else. Examples of inattentive driving may include daydreaming, mentally rehearsing for an upcoming presentation at work, or conversing with one of your passengers.
- Physical distractions happen when you take your hands off the wheel. This may include putting on makeup, searching for an item in your glove compartment, or opening a juice box for your child.
- Visual distractions occur when you take your eyes off the road because you are texting while driving, scrolling through social media, or looking at something outside your car.
How is Liability Determined in a Car Accident Caused by Distracted Driving?
To prevail in a distracted driving claim, your Florida car accident lawyer will need to prove that the other driver was negligent.
The following four elements must be established:
- The other driver owed you a duty of care.
- The other driver breached their duty of care. If you can prove that they were distracted while driving, that would satisfy this element.
- That driver’s breach is what caused your accident.
- You were injured and suffered damages and losses.
In a car accident caused by distracted driving, you may get rear-ended at a red light by a driver fumbling with something on the floor of the car, T-boned by a driver who runs a stop sign while reading a text, or side-swiped by a driver who drifted into your lane while changing the radio station.
How skilled lawyers can prove liability in distracted driving cases:
- Filing a subpoena of the other driver’s phone records to prove that they were texting or talking on the phone at the time of your accident.
- Obtaining dash camera footage or surveillance camera footage that captures part of all of your accident.
- Interviewing eyewitnesses who might’ve seen the other driver looking out the window, turning around to speak to someone in the back seat, or texting at the time of the collision.
- Consulting with experts to reconstruct the accident to establish what happened.
What is the Potential Compensation for Your Distracted Driving Lawsuit?
If a distracted driver caused your accident, you may be eligible to pursue both economic and non-economic damages in a lawsuit.
Some examples of the damages you seek may include include the following:
- Medical bills
- Lost wages
- Loss of earning capacity
- Physical and emotional pain and suffering
- Loss of enjoyment of life
- Loss of companionship
While every case is different, the general rule of thumb is that the more severe and permanent your injuries are, the more financial compensation you may receive. So, consult an experienced Florida distracted driving accident attorney as soon as possible.
Schedule a Free Consultation at Kogan & DiSalvo
Our clients benefit from a world-class pool of resources that we leverage on their behalf. We treat them like family, building an authentic relationship as we aggressively pursue justice on their behalf. Schedule a free consultation if you have been injured in a distracted driving accident in Florida. There is no obligation to hire us, and because we work on a contingency fee basis, there are no upfront legal fees.