Distracted driving is one of the leading causes of car accidents in Fort Lauderdale and throughout Florida. When drivers take their eyes off the road, their hands off the wheel, or their minds off driving safely, the result can be tragic. If you have been injured in an accident caused by a distracted driver, you may be able to recover significant compensation for your damages. However, proving that distracted driving caused your accident can be challenging. And insurance companies work hard to avoid liability so they can minimize the amount of claims they have to pay out.
You need an experienced accident lawyer in Fort Lauderdale to protect your rights, uncover the evidence of distracted driving, and build your strongest case. At Rosen Injury Law, our Fort Lauderdale distracted driving accident lawyers have a proven record of securing maximum compensation for car accident victims and their families, and we want to do the same for you.
Call (954) 787-1500 or complete the short form on our contact page and schedule a free consultation to discuss your Fort Lauderdale distracted driving accident claim.
Common Causes of Fort Lauderdale Distracted Driving Accidents
Drivers today face more distractions than ever before. There are three main categories of distracted driving, and each can lead to a devastating accident. The three categories are visual, manual, and cognitive distractions.
Visual distractions are those that cause you to take your eyes off the road, such as looking at your cell phone, passengers, or an accident scene, billboard, or other object.
Manual distractions are those that cause you to take your hands off the wheel, such as texting, eating, and adjusting vehicle controls.
Cognitive distractions are those that take your mind off driving, such as talking with passengers or with someone on the phone, or daydreaming.
Proving that distracted driving caused your accident requires experience and careful investigation. Our Fort Lauderdale injury lawyers know what to look for, how to take fast action to preserve critical evidence before it is destroyed or lost, and build your strongest case.
Florida’s Distracted Driving Laws
Florida Statute §316.305 is known as the Florida Ban on Texting While Driving Law. This law prohibits drivers from typing or entering multiple numbers, letters, or symbols into wireless communication devices while driving.
Florida Statute 316.1925 addresses all careless driving, including distracted driving. It states that “any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.”
Common Injuries in Fort Lauderdale Distracted Driving Accidents
Distracted driving accidents can result in devastating injuries. Some types of injuries caused by Fort Lauderdale distracted driving include:
- Traumatic brain injuries (TBIs)
- Spinal cord damage
- Amputations
- Broken bones and fractures
- Internal injuries and organ damage
- Severe lacerations
- Soft tissue injuries
- Post-traumatic stress disorder and other psychological trauma
You should seek immediate medical attention after a distracted driving accident in Fort Lauderdale, even if you do not think your injuries are severe. Some life-threatening injuries are not immediately apparent. Being evaluated promptly after an accident can protect your health and your right to recover the compensation you deserve for your damages.
Proving Liability in Fort Lauderdale Distracted Driving Accidents
Distracted driving accident cases are based on the legal theory of negligence. To succeed in a negligence claim, you must prove the existence of four elements:
- The defendant owed you a duty of care. All motorists owe a duty of care to operate their vehicles safely to avoid harming others.
- The defendant breached their duty of care. Driving while texting, eating, or otherwise distracted should constitute a breach of duty.
- The defendant’s breach of duty was the cause of your accident. You must prove that it was the defendant’s distracted driving or other breach of duty that was the cause of your accident and injuries.
- You suffered damages. You must prove that the accident caused by the defendant’s breach of duty caused you to suffer damages.
These elements seem straightforward. However, they can be challenging to prove and are usually heavily contested.
To prove each element of your claim, we use strong evidence. The evidence we use depends on the specific facts of your case. Some types of evidence we may use to prove liability in a distracted driving accident case include:
- Cell phone records
- Police reports
- Witness statements
- Traffic camera and surveillance footage
- Vehicle event data recorders
- Social media posts
- Photographs and video footage taken at the accident scene
Our Fort Lauderdale distracted driving accident lawyers carefully choose the best evidence to build your best case to help ensure you recover maximum compensation for your damages.
Compensation Recoverable in Fort Lauderdale Distracted Driving Accident Claims
The compensation you can recover in a Fort Lauderdale distracted driving accident claim depends on various factors. In a successful claim, you may be able to recover economic damages such as current and future medical costs, lost wages, property damage, and other financial losses and expenses incurred due to your accident.
You may also be able to recover non-economic damages such as pain and suffering, mental and emotional distress, loss of enjoyment of life, and other intangible costs and losses incurred due to your accident.
In rare cases, you may be awarded punitive damages in addition to economic and non-economic damages. However, Florida law limits punitive damages awards to cases in which the defendant is guilty of intentional misconduct or gross negligence. Depending on the specific facts of your distracted driving accident claim, punitive damages may be appropriate.
Contact Rosen Injury Law Today
If you have been injured in an accident caused by a distracted driver, you may be entitled to recover compensation for your damages. Unfortunately, insurance companies and defense attorneys are rarely willing to pay the full value of your damages. They will deny, delay, and attempt to devalue your claim. You need the help of an experienced distracted driving accident lawyer to protect your rights and help you obtain the compensation you deserve.
At Rosen Injury Law, our Fort Lauderdale distracted driving accident lawyers have a proven record of securing maximum compensation for car accident injury victims, and we are committed to doing the same for you. Call (954) 787-1500 or visit our contact page to schedule a free consultation to discuss your Fort Lauderdale distracted driving accident claim.