Distracted driving is a big problem in the United States, and Florida is no exception. If a distracted driver has injured you or someone close to you, you should seek legal advice from a skilled Miami injury attorney immediately. At the Law Offices of Robert Dixon, we can explore the facts of your case and help you understand your rights.
A recent report generated by EverQuote, an online insurance firm, reveals that Florida ranks second-worst in all of the United States, after Louisiana, in the number of admitted distracted drivers. Over 90 percent of all drivers admitted to using a phone while driving.
Distracted driving is any activity that takes your attention away from the primary task of driving. There are three main types of distractions of which you should be aware: visual, manual, and cognitive. Visual distractions are those that take your eyes off the road. Manual distractions are those that take your hands off the wheel. Cognitive distractions are those that take your mind off driving. Some common examples of distracted driving include texting while driving, eating or drinking, personal grooming, reading a map of a navigation system, watching a video, tending to children in the backseat, and even daydreaming.
The National Highway Traffic Safety Administration found that distracted driving claimed 3,477 lives and injured 391,000 people across the United States last year. The Centers for Disease Control and Prevention (CDC) reports that each day, eight people are killed and 1,161 injured in crashes involving a distracted driver throughout the country. According to the Florida Department of Highway Safety and Motor Vehicles, there were more than 50,000 crashes caused by distracted drivers in 2016 in Florida. A total of 233 people died in these crashes, and of the dead, 198 were drivers. Additionally, almost 3,500 injuries resulted from distracted driving.
Distracted drivers may be liable for any resulting harm or damage under the legal theory of negligence. Negligence occurs when a person fails to use reasonable care behind the wheel, causing foreseeable injuries to someone else. Reasonable care is defined as how an ordinarily prudent person would act in the same or similar circumstances. For example, an ordinarily prudent person would know the risk of accidents and resulting injuries that texting while driving poses. As a result, a person who causes an accident due to texting and driving would likely be liable.
It is important to note that Florida follows the pure modified comparative negligence rule, under which the amount of compensation a person is entitled to receive will be reduced by his or her percentage of fault. Put another way, if you are partially to blame for the accident, your total award will be reduced by that amount. If your damages are $100,000, and you are deemed to be 10 percent at fault, you will walk away with $90,000.
If you or someone close to you has been injured by a distracted driver, it is important to seek the help of a seasoned Miami distracted driving accident attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we are committed to pursuing the compensation that victims deserve for their harm. For more information, do not hesitate to call us at 1-877-499-HURT (4878) or reach out to us online today.
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