Distracted driving is not only dangerous, it’s also against the law in many states—including Florida.
Trying to drive while simultaneously doing just about anything else can qualify as distracted driving. Many new laws have been passed in Florida and other states that focus specifically on the use of technology while driving. This is because the use of cell phones is responsible for roughly 25 percent of accidents that occur in the United States each year.
When an accident is caused by a distracted driver, that person is almost certain to be found responsible for the majority of the accident. If you were injured, you can seek financial compensation from the at-fault driver, and a Miami distracted driving accident lawyer can help you through the process.
Causes of Distracted Driving
While cell phone usage is the most prevalent cause of distracted driving, it is by no means the only one. There are an almost infinite number of activities people can engage in that will distract them while driving.
Some of the more common causes of distracted driving include the following:
- Changing the song on the radio
- Dealing with a pet in the car
- Having an animated conversation or argument with a passenger
- Eating and drinking
- Applying makeup
- Attempting to read a newspaper, magazine, or book
Regardless of the cause, the law is not concerned with how a person was distracted, so much as the fact that they were distracted. After all, distracted driving is just another form of negligent and reckless driving.
Comparative Negligence and Evidence
Distracted driving is now a key component in establishing negligence or recklessness in car accidents if there is an injury lawsuit that results.
Florida is one of the many states that utilize comparative negligence when assigning liability in personal injury cases. In order to receive financial compensation, it will be necessary to prove the other driver was more than fifty percent responsible for what happened. Proving the other driver was driving distracted makes it more likely the judge will rule in your favor.
Depending on the distraction, finding evidence could be a challenge. For example, cell phones record the exact time a call was placed or a text message was sent. It is possible to acquire records from a phone company to prove this. Other forms of distraction may leave less obvious evidence, but a Miami distracted driving accident lawyer can help you find it.
Speak with a Miami Distracted Driving Accident Lawyer
Adequately demonstrating the other driver’s distracted driving can be difficult. An experienced Miami distracted driving accident lawyer from Lavent Law can make the legal process both smoother and easier.
If you were injured in a distracted driving accident, you deserve financial compensation from the responsible party. Contact Lavent Law by calling (305) 440-0450 to discuss your distracted driving case in detail.