Distracted driving accidents can lead to life-altering injuries. If you or someone close to you has been injured in an accident caused by a driver who was texting and driving, it is imperative to consult a skilled Miami distracted driving accident attorney who can assess the merits of your case.
Earlier this year, a study revealed that Florida ranks second only to Louisiana for distracted driving. According to EverQuote, Inc., an online insurance firm that released the study, 92 percent of drivers nationwide with cell phones used them while in a moving car. Texting while driving is one form of distracted driving that causes numerous accidents in Florida and throughout the country. The National Safety Council found that almost 330,000 injuries take place each year from accidents caused by texting and driving across the United States. In fact, 1 out of every 4 car wrecks in the U.S. is caused by texting and driving.
While drivers may think that the distraction stops after they send a text, the reality is that distraction lingers for some time afterwards. A study by the American Automobile Association found that a driver’s mind remains distracted for nearly half a minute after simply sending a text, rather than on driving their vehicle. Researchers refer to the post-cellphone use as inattention blindness, which blocks out other stimuli on the road, such as cars, traffic signs, and even pedestrians.
If you have been injured in a car wreck caused by a driver who was texting and driving behind the wheel, you may be able to recover damages through a negligence claim. Establishing negligence is essentially establishing fault in a given case. Negligence occurs when a person fails to use the level of care that a reasonably prudent driver would have used while driving, thereby causing an accident and resulting harm. In order to establish negligence, you must demonstrate the following four elements:
- The defendant had a duty to use reasonable care;
- The defendant violated that duty by texting while driving;
- The defendant’s violation of the duty was a direct cause of the accident; and
- The accident caused your injuries and resulting damages.
These four elements must be proven to succeed. Put another way, if you cannot show these four elements, you will not be able to collect any form of compensation for your harm. Typical damages in a personal injury lawsuit include medical bills, lost wages, pain and suffering, property damage, and any other losses stemming from the accident.
If you have been injured in a crash caused by a distracted driver, you should contact a seasoned Miami distracted driving accident attorney who can analyze the facts of your case. At the Law Offices of Robert Dixon, we are committed to helping you pursue the compensation you deserve for your harm. We proudly take on clients from throughout South Florida. We are here to answer your questions and address your concerns. Consultations with our lawyers are free of charge, so do not hesitate to call us at 1-877-499-HURT (4878) or contact us online today.
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Summary Judgment in Florida Personal Injury Cases, South Florida Injury Lawyer Blawg, November 2, 2017
Crush Injuries Florida, South Florida Injury Lawyer Blawg, November 2, 2017
Preponderance of the Evidence Standard in Florida Civil Cases, South Florida Injury Lawyer Blawg, November 2, 2017