Tallahassee Distracted Driving Lawyer
If you have suffered injuries as a result of an accident that was caused by distracted driving, you may be entitled to financial compensation. When choosing a personal injury attorney in the Tallahassee area, experience in dealing with distracted driving car accidents matters a lot.
An accomplished Tallahassee Car Accident Lawyer will know what you’re up against when dealing with the other party. Additionally, by hiring a personal injury lawyer who specializes in these types of cases, the lawyer will know about the types of evidence that will help your car accident case.
Table of Contents
- 1 What is Distracted Driving?
- 2 How to Prove Distracted Driving
- 3 Time Frame to File a Distracted Driving Lawsuit
- 4 Thousands Have Died in Crashes Involving Cell Phone Use
- 5 Florida Laws on Cellphone Use While Driving
- 6 How Your Actions Could Affect Your Amount of Compensation
- 7 PIP Coverage in Florida
- 8 How Florida’s No-Fault Law Could Affect Your Ability to Seek Compensation
- 9 What to do if You Are Involved in a Distracted Driving Accident?
- 10 What to do if You are Injured in a Distracted Driving Accident
- 11 In Conclusion
What is Distracted Driving?
Distracted driving is any activity that takes your attention away from the task of driving. This includes activities such as texting, talking on the phone, eating, drinking coffee, or smoking.
Anything you do outside of driving can be a potential distraction. Distracted drivers are at risk for accidents because they do not see other vehicles or traffic conditions clearly enough to be safe on the road.
In 2020, 3,142 people were killed in motor vehicle crashes involving distracted drivers
How to Prove Distracted Driving
When you are injured in an accident, it is crucial that you prove the other driver was distracted in order to hold them liable. This can be difficult without an exhaustive investigation, but there are a few things you can do to strengthen your case.
First, try to get as much information as possible about the accident. Witnesses can be key in establishing what happened, so make sure to talk to any bystanders and get their contact information. If there was anything happening inside or outside of the car that could have caused the driver to become distracted, take pictures or video footage if possible.
Second, look for evidence that the driver was texting or talking on the phone at the time of the accident. Cell phone records can be used to show this, and many states now require drivers involved in accidents to report if they were using their phones at the time. If there was any type of distraction that took place just before or during the crash, this evidence will be important in proving negligence on behalf of the other driver.
Time Frame to File a Distracted Driving Lawsuit
If you are injured by a distracted driver in the state of Florida, you have four years to file a claim. This is based on section 95.11(3) of the Florida Statutes. The statute of limitations begins on the day that the injury occurred or on the day that the victim discovered or reasonably should have discovered his or her injury.
In addition, Florida law allows victims to seek free consultations with an attorney regarding their case. You can reach out to an attorney by phone or in person to get started on your case and begin seeking compensation for your injuries.
Thousands Have Died in Crashes Involving Cell Phone Use
Texting and driving is a major distraction
Texting and driving is a major distraction that can lead to serious accidents. When you send or read a text, you take your eyes off the road for five seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed. Distracted driving is any activity that diverts attention from driving, including talking or texting on your phone. Driving safely is possible only if you have full attention on the task at hand- in this case -driving. The use of cell phones is distracting, increases risk for crashes.
There Are Laws Against Texting While Driving in Most States
Texting while driving is even more dangerous than talking on the phone, with an estimated 1,000+ people dying from using their phones while behind the wheel. In 47 states and Washington D.C., it is illegal to text and drive.
Using a cellphone behind the wheel is one of the most common forms of distracted driving and dangerous to drivers on roadways. Drivers who are texting are looking at the phone instead of paying attention to the road. Distracted driving is responsible for thousands of deaths every year.
Florida Laws on Cellphone Use While Driving
In Florida, it is illegal for drivers to use handheld electronic communications devices while driving. This law applies to phones, laptops, and tablets. Drivers are not allowed to hold these devices while they are driving. They must put them in “hands-free” mode if possible.
If a driver is caught using a cellphone or other device while driving, they will be fined $30 for the first offense. The fines increase with each subsequent offense. Drivers may also lose their license if they are caught multiple times.
There are some exceptions to this law. For example, drivers can use a phone for navigation purposes as long as it is in hands-free mode. They can also use a phone to report an emergency situation.
How Your Actions Could Affect Your Amount of Compensation
When you’re involved in an accident, the last thing on your mind is likely to be how your actions could affect the amount of compensation you receive. However, it’s important to understand that the insurance company will attempt to reduce or deny your claim. This is where having a lawyer with experience fighting for justice in lawsuits like these can make all the difference.
Remember that even something as simple as answering a text message while driving could impact your percentage of fault and, consequently, the amount of compensation you receive. So always be aware of your surroundings and keep yourself and others safe on the road.
PIP Coverage in Florida
If you’re a driver in Florida, it’s important to be aware of the state’s personal injury protection (PIP) coverage laws. PIP is required for drivers involved in a car accident, and it provides compensation up to the policy limits for injuries sustained in an accident. If someone is seriously injured and unable to seek PIP compensation, they may be able to file a personal injury lawsuit.
Drivers in Florida are required by law to have PIP insurance coverage. If you don’t have it, you’ll be fined. So make sure you’re fully insured before hitting the road!
How Florida’s No-Fault Law Could Affect Your Ability to Seek Compensation
If you are injured in a car accident in Florida, you may be wondering what your options are for seeking compensation. Florida has a no-fault law which requires drivers to buy Personal Injury Protection (PIP) insurance. This insurance pays for medical expenses and lost wages up to a certain amount, regardless of who is at fault in the accident. However, if you suffer serious injuries in a crash, you may be able to file a personal injury lawsuit against the other driver.
Personal injury lawsuits are filed when someone suffers significant injuries as a result of an accident. These lawsuits can provide money for medical expenses and pain and suffering. In order to file a lawsuit, however, you must meet certain criteria set by the state legislature. You must have suffered serious injuries that resulted in hospitalization or death, permanent disfigurement or disability, or loss of use of one hand or one foot.
Injuries sustained from using a cellphone while driving can often meet these criteria. Because of this, Florida’s no-fault law could provide the opportunity to file suit against an at-fault driver who was distracted from the road by his or her phone. However, because settlements can be difficult and take time to reach agreement on, it is not always possible to avoid a court battle.
People who have been injured in car accidents should not be concerned about the cost of representation because personal injury lawyers typically operate on contingency. This means that you do not pay anything unless your lawyer recovers money for you. Additionally, Florida law limits the amount of time you have to file a lawsuit after an accident. You must file within four years of the date of the injury.
What to do if You Are Involved in a Distracted Driving Accident?
If you are ever involved in a distracted driving accident, it is important to know what to do. The first thing you should do is pull over to a safe spot. Once you have stopped, call the police and give them your report. Try to get witness statements as well, if possible. This will help the authorities determine who was at fault in the accident. Remember, it is always best to stay calm and collected after an accident occurs.
What to do if You are Injured in a Distracted Driving Accident
If you are injured in a distracted driving accident, it is important to take the necessary steps to protect your rights. First and foremost, contact a personal injury lawyer as soon as possible. They will be able to advise you on what steps to take next and help you file a claim.
It is also important to gather evidence at the scene of the accident. Make sure to take pictures of the damage done to your car and any injuries you may have sustained. This evidence will be critical in proving your case later on.
Finally, be sure to cooperate with the police and provide them with any information they need. Remember, you have nothing to gain by hiding anything from them; doing so could actually harm your case down the road.
When you’re interviewing personal injury attorneys, be sure to ask about their experience with distracted driving cases like yours, how long they anticipate your case will take, and what their contingency fee is. An accomplished law firm will know what you’re up against when dealing with the other party. Additionally, you may also be interested in having a look at our information on Lane Change Crashes.
Furthermore, by hiring a personal injury lawyer who specializes in these types of cases, the lawyer will know about the types of evidence that will help your car accident case. You should also ask about their experience in court and whether they’re comfortable going to trial if necessary.