Experienced Fort Lauderdale Auto Accident Attorneys On Your Side
Distracted driving accounts for a significant number of accidents on a yearly basis that, in many cases, lead to severe injuries or even death. According to a report conducted by the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,166 lives in 2017 alone. If you’ve been harmed in a car accident in which the defendant-driver was distracted at the time of the accident (i.e., using their cell phone, eating food, engaged in heated conversation with a passenger, etc.), Florida law may entitle you to compensation. Litigating a distracted driving case involves several unique challenges and opportunities that our Fort Lauderdale auto accident attorneys are prepared to handle. Contact our office to discuss your options.
Behaviors Leading to Distracted Driving Accidents in Florida
Risky behaviors leading to a distracted driving accident include:
- Texting while driving
- Calling while driving
- Eating while driving
- Conversations with passengers in the car
- Using the car radio
Anytime a driver is in a position where they are not putting their undivided attention on the road, they are presumably distracted and could expose others on the roadway to a serious threat of injury.
Cell Phones and Driver Liability in Florida
In Florida, drivers are prohibited from using their cell phones while operating their vehicles. As a traffic law, this cell phone prohibition creates an automatic presumption of negligence for those who violate it, thus making it significantly easier for your Fort Lauderdale distracted driving lawyer to establish liability.
To successfully impose liability, you must show that the other driver was using their cell phone (in violation of the law) at the time of the car accident and that such use contributed to your injuries. It’s not necessary to show that the defendant’s use of their cell phone was “negligent.”
Evidentiary Concerns for Fort Lauderdale Auto Accident Attorneys Handling These Types of Cases
If you are injured in a distracted driving case, the defendant may fight aggressively against liability. In doing so, they can count on the fact that there may not be substantial evidence pointing to the fact that they actually engaged in behavior that qualifies as distracted driving.
For example, if you are attempting to argue that the other driver was using their cell phone while driving, you will want to identify potential indicators of such use, such as login timestamps, video evidence, and phone records that show the defendant was messaging or calling someone at the time of the accident.
Even if you can show that the defendant was driving while distracted, you’ll have to prove that the injuries suffered are causally linked. Just because the driver was distracted does not necessarily mean that they caused the auto accident. It could be unrelated.
Contact Maus Law Firm for a Free Consultation with a Top Distracted Driving Attorney
At Maus Law Firm, our team boasts decades of experience working with injured plaintiffs in a variety of disputes, including those that center around distracted driving accidents.
In pursuing such litigation, there are a number of unique challenges and opportunities that plaintiffs may not initially recognize — our skilled Fort Lauderdale auto accident attorneys engage closely with clients at an early stage so as to gain insight into the particularities of the client’s case and execute a winning strategy that will allow for the maximum possible recovery under the circumstances.