Despite the public service announcements about distracted driving, people still do it every day. In fact, you may be surprised at how many people have admitted that they text and drive all the time. Our Miami accident lawyers have met with hundreds of clients who have been injured in distracted driving cases.
The question many of our clients have is – how can a car accident attorney in Miami prove your case?
Distracted Driving is One of the Main Causes of Motor Vehicle Accidents in Miami
In 2021, more than 3,500 people die in distracted driving accidents. It is safe to say that most of these deaths, if not all of them, were preventable. There is nothing so dire that a person needs to take care of it while behind the wheel.
Even if a distracted driving accident victim survives the crash, they may never be the same. The kinds of injuries suffered in these collisions can be life-threatening.
For example, if someone loses control of the wheel and hits your vehicle head-on, you may suffer a traumatic brain injury. You could end up paralyzed if you suffer a spinal cord injury. There’s no justification for this.
What Are the Most Common Types of Distracted Driving in Miami, Florida?
While many distracted driving accidents are caused by texting and driving, there are other types of distractions. When you get behind the wheel, there is nothing more important than keeping your eyes on the road.
Some of the more common types of distractions that our Miami accident lawyers have seen over the years include:
- Eating and drinking
- Reading posts on social media
- Reading or writing text messages
- Talking on the phone
- Talking to passengers inside the vehicle
- Putting on makeup or other grooming behavior
- Playing with a GPS, radio, or other electronics
If the other driver in your accident was doing any of these things, there’s a good chance they’ll be held accountable for your injuries. The difficult thing is that your accident attorney in Miami needs to prove it.
If you would like know more information about why your Miami accident attorney needs the police report after you car crash, view this page
Why Do So Many People Drive While Distracted?
The logical question to ask is – why do so many people drive while distracted? What could be so important that you would put your own life and the lives of others at risk? While there is certainly no justification for driving while distracted, it happens.
One thing that is clear is that there doesn’t seem to be anything law enforcement can do to stop this sort of behavior. It doesn’t matter how many tickets the police issue. The commercials shown to new drivers don’t seem to have much of an impact.
The only thing your Miami accident lawyer can do is make sure the culprit in your accident is held liable.
Why Is Distracted Driving So Dangerous?
To put things into perspective, imagine that you are in a car at one end of a football field. Now, start the car and close your eyes. Once your eyes are closed, drive to the other end of the football field. There is no way any sane person would agree to do this, right?
Well, this is what it’s like to drive while distracted. Experts have indicated that reading or writing a text message is equivalent to driving the length of a football field with your eyes closed.
Does Your Miami Accident Lawyer Still Need to Prove Negligence?
Even if you swear that the defendant was driving while distracted, your Miami accident lawyer still has to prove it. This means they have to prove negligence. Of course, if they can demonstrate that the other driver was distracted at the time of the crash, it will help them prove negligence.
To prove negligence, your accident attorney in Miami must prove four things.
- The defendant owed you a duty of care. All drivers must obey traffic laws and show caution.
- They breached this duty by acting carelessly or recklessly.
- You were injured.
- Your injuries were caused by the defendant’s behavior.
If your attorney is able to prove that the defendant was driving while distracted, it will satisfy the second element described above. Your lawyer will still have to prove the other three elements.
What Are the Laws in Florida About Distracted Driving?
One of the easiest ways for your Miami accident lawyer to prove negligence is to show that a ticket was issued. If the other driver was breaking the law by driving while distracted, there’s a chance the police will have issued a ticket at the scene.
According to Florida Statute 316.305, also known as the “Florida Ban on Texting While Driving Law”, it is illegal to use your cell phone while driving. This includes texting, reading texts, and any other navigation on your cell phone.
If your Miami accident lawyer can prove that the defendant broke this law, it will go a long way toward proving fault.
What Kind of Evidence Can Your Car Accident Attorney in Miami Submit as Proof?
It can be very difficult to prove that someone was driving while distracted. Even if you can demonstrate that the defendant received a ticket at the accident scene, that may not be enough.
To prove fault, your accident attorney in Miami needs to find evidence to show that, at the precise moment of the crash, the other driver was distracted. The defendant isn’t going to admit something like this. That means you’ll need other, concrete evidence to demonstrate this fact.
Some of the information your Miami accident lawyer can introduce into evidence includes:
- Testimony from the passenger in the other driver’s vehicle
- Witness statements
- Intersection camera footage
- Footage from CCTV cameras
Sadly, your testimony about what you saw will be taken with a grain of salt.
It’s in Your Best Interest to Contact Our Accident Attorneys in Miami Today
After a car accident, the last thing you want to do is fight with the insurance company. If you’re lucky, they’ll approve your claim, and you’ll have a check within a week or two. However, if your claim is denied even though the defendant was driving while distracted, don’t panic. Contact our Miami car accident lawyers and see what your options are.
We recommend that any accident victim contact our team at Klotzman Law Firm. Once they have a chance to review the evidence available in your case, they’ll have a much better idea of whether your claim has merit.
Our firm does offer new clients a free, initial consultation. This gives you the chance to ask any questions you may have. It also gives you the opportunity to find out if your distracted driving case is worth pursuing.