Did you know that Florida has recently climbed into the top ten rankings of the worst states for distracted driving this year? According to a study conducted by Moneygeek, the state's distracted driving fatality rates in 2023 have propelled it onto this list. The ranking is based on a calculation considering distracted driving fatality rates per billion miles driven and the total number of distracted driving deaths.
Currently, Florida enforces hands-free phone usage only in school and work zones. However, given that drivers frequently engage in activities like FaceTime, video streaming, and GPS use, it's becoming evident that stricter driving regulations are necessary. Suppose you are involved in one of the many distracted driving accidents in Little Havana. In that case, you'll want to know why seeking the assistance of a Little Havana car accident lawyer is essential.
Distracted driving is an escalating concern throughout Florida, and this issue is particularly significant in Little Havana. Current misuse of technology aids in the prevalence of distracted driving behaviors, such as texting, scrolling through social media, and even checking emails while driving, which have surged in the last few years.
If a distracted driver has hurt you or someone you love, turn to The Ward Law Group to get the best attorneys for your case. Our teams can speak English and Spanish, and you can reach us anytime at 855-DOLOR-55. Getting in touch with us could be the most crucial step you take in handling your distracted driving accident case.
What exactly is distracted driving?
Distracted driving involves any activity that takes your attention away from the crucial task of driving safely. While going, staying focused on the road and aware of other vehicles around you is essential. Distracted driving comes in many forms, such fas talking or texting on your phone, consuming food and drinks, conversing with passengers, adjusting entertainment systems, and even interacting with navigation devices.
In essence, anything that diverts your concentration from driving is a distraction.
Distracted driving can cause your hands to momentarily leave the steering wheel or your gaze to wander from the road. If your thoughts are elsewhere or you're upset, your ability to concentrate on driving is compromised. These behaviors pose significant risks and jeopardize all road users' safety.
Among various distractions, texting while driving is particularly concerning, especially in Florida. In recent years, new laws have been introduced to prohibit texting and driving, albeit with limited success. Sending or reading a text message forces your eyes away from the road, significantly increasing the chances of a collision, especially at higher speeds.
Less experienced drivers are particularly vulnerable to distracted driving due to their limited time on the road. Additionally, the widespread use of technology among young and older individuals has increased smartphone and device usage while driving. These factors make teenagers the most susceptible group to incidents of distracted driving.
Types of distractions while driving
Distractions can pose a significant driving risk and are divided into mental, physical, and visual types. Awareness of these distractions is essential, as they can lead to severe consequences. Let's explore the primary types of distractions:
Visual Distraction
Even briefly, taking your eyes off the road constitutes a visual distraction. You are engaging in various activities while tempting driving such as glancing at your phone screen or getting absorbed in a billboard. However, maintaining a consistent focus on the road is vital. If you must attend to something within the vehicle or check your phone, ensure you locate a safe spot to pull over.
Cognitive Distraction
Allowing your mind to wander while driving can contribute to distracted driving incidents. Experienced drivers understand the importance of preserving their driving focus amidst personal contemplations.
Cognitive distraction doesn't imply shutting down your thoughts altogether. Instead, it's about avoiding excessive preoccupation with deep musings or negative emotions that divert your attention from driving—this could lead to potentially hazardous situations.
Manual Distraction
One of the most concerning forms of distraction is momentarily letting go of the steering wheel. The steering wheel is fundamental for maintaining control on the road, and releasing it while driving can significantly increase the risk of distracted driving accidents.
Activities like applying makeup, grooming, attempting to respond to emails, or searching beneath the seat can significantly divert your attention. Should any situation arise while driving that necessitates your attention, locating a safe area to pull over and address the matter is recommended. Prioritizing your safety is of utmost importance.
Common causes of distracted driving
Distracted driving is a significant road danger, often from everyday activities that might seem harmless. As we've mentioned, one big concern is texting while driving. Glancing at your phone can distract you from the road, leading to severe accidents. Eating while driving is another problem – though convenient, it can make you lose control of the vehicle.
Adjusting the radio or GPS can be distracting besides texting and eating. These small tasks can divert your attention from driving, making it harder to react quickly. Conversations with passengers can also be a distraction, causing you to lose concentration on the road. Other distractions include grooming tasks like putting on makeup or fixing your appearance, which can be unsafe.
Even things like taking a sip of a drink, reaching for objects, or daydreaming can be risky distractions. By being aware of these factors and trying to avoid them, we can all help create a safer driving environment and protect everyone on the road.
Laws on Distracted Driving in Florida
Florida introduced the Wireless Communications While Driving Law on July 1, 2019, to address the growing concern about distracted driving incidents. The law aims to discourage the use of wireless devices like phones and tablets for texting, emailing, and messaging while driving.
According to Section 316.305 of the Florida Statutes, it's illegal to manually type on a wireless device for texting, emailing, or messaging purposes while driving. This law empowers law enforcement to stop vehicles and issue citations to those caught texting and driving. Subsequently, a secondary provision was introduced, making texting and driving a primary traffic offense, granting officers the authority to stop and cite individuals using their phones while driving.
Exceptions exist; for instance, emergency personnel and law enforcement officers on duty can use wireless devices. Additionally, using the device for navigation, emergencies, receiving safety-related information, and listening to the radio are allowed.
Unfortunately, some drivers exploit these exceptions. In response, road safety advocates are pushing for stricter driving regulations to make the entire state hands-free. They emphasize that distracted driving goes beyond texting – drivers also watch videos, make FaceTime calls, or browse social media. Citizens demand stronger laws and enforcement to prevent more tragedies and ensure safer roads for everyone.
Establishing Liability in Distracted Driving Accidents
The collection of evidence plays a pivotal role when it comes to proving fault in cases of distracted driving accidents. Gathering pertinent information helps determine whether a driver's distraction directly contributed to the accident. Here's how different forms of evidence come into play:
- Cell Phone Records: Cell phone records can provide crucial insights into a driver's activities leading to the accident. Text message logs, call history, and data usage can indicate if the driver was distracted during the collision.
- Witness Statements: Eyewitness accounts are valuable sources of information in establishing liability. Statements from passengers, pedestrians, or other drivers who observed the incident can provide firsthand details about the at-fault driver's actions, such as using a phone or exhibiting other distracting behaviors.
- Traffic Cameras: In some cases, traffic cameras can capture footage of the accident. These recordings can reveal the sequence of events and whether the distracted driver failed to respond to changing road conditions. This visual evidence can be particularly compelling in supporting claims of negligence.
- Police Reports: Law enforcement officers at the accident scene document their observations and gather information from involved parties. Police reports can include details about the collision, any signs of distraction, and statements from drivers and witnesses. These reports contribute to a comprehensive view of the incident.
- Expert Testimony: In complex cases, experts like accident reconstruction specialists can provide insights into how the accident unfolded. They use various factors, including vehicle positions, speed, and collision dynamics, to help establish the distracted driver's liability.
Traffic cameras and police reports, for instance, can offer a third-party perspective that enhances the credibility of your claim. The role of legal professionals, such as a Little Havana distracted driving accident lawyer, in analyzing and presenting this evidence is essential in building a solid case.
Compensation for Distracted Driving Accident Victims
Victims can seek compensation after a distracted driving accident, aiming to alleviate their physical, emotional, and financial burdens. Teaming up with a dedicated Little Havana distracted driving accident lawyer can guide you through the legal maze you will face.
- Medical Bills: Distracted driving accidents often lead to injuries requiring medical care, hospital stays, treatments, and rehab. Those impacted by such accidents can pursue compensation for medical expenses. Emotional distress and mental health matters are also considered.
- Lost Income: If injuries from a distracted driving accident prevent work, compensation for lost income might be available. An experienced distracted driving accident lawyer in Little Havana can evaluate the loss of income due to the accident and work to secure the rightful compensation.
- Property Damage: Distracted driving accidents can damage vehicles and property. With help from a committed distracted driving accident attorney, affected individuals can seek compensation for vehicle repairs or replacement and other property losses resulting from the accident.
- Wrongful Death: In tragic cases where a distracted driving accident claims a life, surviving family members can consider distracted driving accident claims in Little Havana. These claims aim to cover funeral expenses, loss of financial support, and the emotional distress caused by the untimely loss.
It's important to note that the avenues mentioned are primary options for seeking compensation after a distracted driving accident. While these are the core components, other factors like pain and suffering, legal fees, and related costs could also be addressed with guidance from your skilled distracted driving accident lawyer.
Benefits of Hiring a Little Havana Distracted Driving Accident Lawyer
Hiring a specialized Little Havana distracted driving accident lawyer can be a game-changer for your case. These legal professionals bring knowledge and practical experience, offering several advantages throughout your legal journey.
Moreover, a skilled lawyer knows that a thorough investigation is critical. They'll dive deep into the details of your accident.
A primary goal of a specialized distracted driving accident lawyer is to maximize the compensation you rightfully deserve. They'll carefully assess the extent of your damages, including medical expenses, lost wages, pain and suffering, and more. If your case progresses to litigation, a specialized lawyer has the experience and know-how to represent you.
Contact a Little Havana Distracted Driving Accident Lawyer
Selecting the right lawyer after a distracted driving accident is a vital decision that can significantly impact the outcome of your case. With numerous legal professionals available, finding the best distracted driving accident lawyer who understands your unique situation and can effectively represent your interests requires careful consideration.
A great professional can influence the course of your legal proceedings and determine your journey toward achieving justice and obtaining the compensation you deserve.
At The Ward Law Group, we've been helping individuals like you, especially within the Little Havana community. With a bilingual team that speaks both English and Spanish, we can assist you whenever you need us. Don't hesitate to reach out to us at 855-DOLOR-55. Our legal experts have much knowledge and experience with cases like yours.