Fort Lauderdale Distracted Driving Accident Lawyers

Answer: An attorney can assist with a distracted driving accident case by thoroughly investigating the incident, gathering evidence, and preparing a strong claim. At The Law Offices of John D. Ameen, P.A., we can ensure that all paperwork is completed correctly and in a timely manner. Our skilled lawyers will obtain witness statements and professional opinions from medical experts or accident reconstruction experts. Most importantly, our lawyers will take steps to prove negligence by a distracted driver, working to ensure that you will receive full and fair compensation for your injuries and damages.

Answer: Activities that divert a driver’s attention from the road are likely to lead to car accidents. Eating and drinking can take a driver’s hands off the wheel and their focus away from driving. Making adjustments in the vehicle, such as changing radio stations or looking up directions through GPS, can also lead to distractions. Texting is particularly dangerous, since it requires visual, manual, and cognitive attention. Additionally, tending to children or other passengers in the vehicle can easily divert a driver’s focus, increasing the risk of accidents.

Answer: To prove the other driver was driving while distracted, you can gather evidence such as the testimonies of eyewitnesses who may have observed the driver’s distracted behavior. Take photos of the accident scene and any possible distractions in their vehicle, like a phone or food. Obtain a copy of the police report, which may include information about the other driver’s behavior. Traffic camera footage or cell phone records may also be used to show that the driver was using a phone or another device when the accident occurred.

Answer: Multiple types of damages may be available. You may be able to recover compensation for your medical expenses related to the injuries incurred, covering treatments, rehabilitation, and future medical needs. Additionally, you may receive compensation for lost wages due to time off work, as well as pain and suffering for emotional distress. Property damage costs for repairing or replacing your vehicle may also be included. In rare cases, punitive damages may be awarded if the other driver’s conduct was exceptionally negligent.

Answer: Yes. Florida has specific laws addressing distracted driving. Texting while driving is illegal, and it is considered to be a primary offense, allowing police officers to pull over drivers solely for this violation. Additionally, while no blanket laws prohibit eating or adjusting the radio, these actions can contribute to reckless driving charges if they lead to an accident. Florida encourages safe driving practices through public awareness campaigns and strict enforcement of regulations aimed at reducing distracted driving accidents.

Answer: The Florida Department of Highway Safety reports more than 54,000 crashes in Florida each year are related to distracted driving. Across the United States, the National Safety Council reports that cell phone use while driving causes upwards of 1.6 million crashes per year.

Answer: Yes, even if you were partially at fault for a car accident, you may be able to pursue compensation. Florida follows a modified comparative fault system, which means injured Floridians may still be able to receive compensation if they are less than 50 percent responsible for an accident. If you were more than 50 percent responsible for the accident, recovering compensation may not be possible.

Answer: In Florida, this process will take several steps. First, you must send a demand letter to the at-fault driver or their insurance company. This demand letter will be used to outline the injuries you have suffered, the damages you have experienced, and the compensation that you are seeking. If the demand letter fails to secure a satisfactory settlement, the next step will be filing a court petition. This document formally begins the lawsuit and presents an outline for your claim. Once it is filed, the defendant will be served a copy by the court, and the court will also set a date for the case to move forward.

Answer: Key evidence often includes the police report, which documents the accident, and any citations issued. Medical records may also be beneficial in detailing your injuries and treatment costs. You can obtain eyewitness statements that back up your version of events. Pictures of the accident scene, damage to vehicles, and any relevant traffic signs may also be deemed useful evidence.

Answer: If the accident occurred before March 2023, you may have up to four years after the date of the accident to submit your claim. However, if the accident took place after March 2023, the time limit for filing your claim is two years. It is important to file your claim as soon as you are able, since waiting may make it harder to prove that negligence occurred.

Answer: Yes, passengers can file personal injury claims following distracted driving accidents. Passengers will need to be able to prove that a driver was negligent while behind the wheel and was responsible for causing the accident and their subsequent injuries.