Distracted driving can result from any mental or physical activity that takes away the driver’s focus from what is happening on the road. Distracted motorists are often the reason that accidents happen on our highways and a significant cause of injuries. Miami car accident lawyer is experienced in handling these types of claims, and he can advise you if you have been injured as a result of a driver’s carelessness. The Law Offices of Robert Dixon serves clients in Miami-Dade, Broward, and Palm Beach Counties, as well as throughout Florida. We will work tirelessly to help you seek compensation from those whose actions harmed you.
Florida’s Texting While Driving Law
In 2013, Florida passed a law prohibiting individuals from texting while driving. Drivers are now subject to a fine and other costs if found texting. Drivers also may get points against their licenses for repeat citations, as well as if they text in a school zone or cause an accident while texting. If a person is pulled over for another traffic violation and is observed texting or otherwise using a portable device, he or she could be subject to additional fines or costs.
According to the Florida Department of Highway Safety and Motor Vehicles, distracted drivers contribute to over 2,000 car accidents yearly. In Florida in 2012, over 4,500 car accidents were found to involve drivers distracted by their cell phones, of which 250 were conclusively linked to texting. More accidents are suspected to have involved texting while driving, and the Florida Department of Highway Safety and Motor Vehicles listed distracted driving as a top traffic safety concern. The state has listed distracted driving as one of the eight top traffic safety concerns in its 2012 Strategic Highway Safety Plan.
Common Causes of Distractions
Although texting is one of the most well-known distractions, there are many other dangerous activities that can take a driver’s attention away from the road, including:
- Talking or dialing a phone
- Drinking and eating
- Conversations with other passengers in the car
- Putting on makeup or other grooming habits
- Reading or using a navigation device
- Changing music on the radio or other device
- Various other distractions either internally or outside the vehicle
Although some of these activities seem innocent, they can be extremely dangerous if someone is driving at a high speed or spending a long time without focusing on the road. Distracted driving accidents account for over 3,000 fatalities nationally each year, as well as over 400,000 injuries.
Negligence and Your Rights
Distracted motorists can be held financially liable for injuries that result from their careless actions. An injured person must show that the driver was negligent, which means that he or she failed to act as a reasonable person would have in similar circumstances. To succeed on a negligence claim, the victim must prove:
- The driver owed a duty to act with reasonable care;
- The driver breached this duty through careless behavior;
- The breach directly caused the victim’s injuries; and
- The victim suffered damages as a result.
A driver found texting or otherwise distracted while operating a vehicle would most likely be breaching his or her duty of care. If negligence is established, the injured victim may recover damages for:
- The driver had a duty to act with reasonable care;
- The driver breached this duty with some type of careless behavior;
- That breach caused the victim’s injuries; and
- The victim suffered damages as a result.
A driver who is texting or otherwise distracted while driving may be found to have breached his or her duty to act as a reasonable and prudent person would while operating a vehicle. An injured victim who succeeds in a negligence claim may recover damages for past and future medical expenses, property damage, loss of wages, pain and suffering, or any other economic and non-economic damages that may be applicable.
In Florida, a personal injury claim must be filed within four years from the date of injury. Sometimes, a texting while driving accident may lead to a fatality. In such instances, certain family members of the deceased person may file a wrongful death claim against the responsible party to pursue damages for funeral or burial expenses as well as loss of consortium. These lawsuits must be filed within two years from the date of death.
A victim who contributed to the accident may still be able to receive a lesser amount of compensation for his or her injuries. In Florida, an injured person can recover damages proportionate to his or her degree of fault, however high that may be.
