Being involved in an auto accident is one of the most frustrating things that can happen to you. It becomes even worse when the accident is caused by a distracted driver. Did you know that there are over 50,000 distracted driving accidents in Florida each year? Over 3,500 drivers or passengers are seriously injured every year in the state due to a distracted driver. When you or someone in your family is involved in an auto accident caused by a distracted driver, you are entitled to claim compensation from the responsible party as per Florida law.
The most important thing is to hire a reliable and experienced Kissimmee distracted driving accident lawyer to handle your case. There are so many personal injury lawyers functioning in Kissimmee, but all these professionals are not created the same. You should do the homework properly before choosing the right distracted driving attorney to represent your case. Winters and Yonker is a trusted law firm when it comes to handling all types of personal injury lawsuits including distracted driver lawsuits.
We employ some of the best car accident attorneys in the industry. Our lawyers have represented hundreds of clients injured due to distracted drivers and won millions of dollars on behalf of them. That’s why you need to hire an experienced distracted driving lawyer at Winters and Yonker to handle your case. Call Winters and Yonker at (888) 373-7770 for all your personal injury lawsuits including distracted driving cases in Kissimmee FL.
Table of Contents
What Is Distracted Driving?
Distracted driving is the act of driving a vehicle while engaging in other activities that may distract the attention of the driver away from the road. Distractions usually compromise the safety of the driver, passengers, pedestrians, and passengers in other vehicles on the road. In fact, distracted driving can exponentially increase the chances of an auto accident.
Different Forms Of Distracted Driving
There are several distractions experienced by drivers in Florida. The four major types of distractions experienced by drivers in Florida are:
A visual distraction will cause the driver to take his/her eyes off the road. Drivers look away from the road due to numerous reasons. Some of these reasons include:
- The driver is trying to grab a loose item in the vehicle
- The driver is using their phone
- The driver is trying to change the radio station of change a CD
- The driver looks at a street sign which distracts him or her
When the driver isn’t watching where he or she is going, the vehicle can easily bump into another vehicle or run off the road. In fact, a motor vehicle covers a lot of distance in a very short time. The driver should always keep his/her attention on the road ahead.
Auditory distractions are related to sounds. If the passengers in the vehicle are talking loudly, or the driver is on the phone, they can easily become distracted. Loud music is also an auditory distraction to some drivers.
When someone makes the driver takes his/her mind off the road, it’s known as a cognitive distraction. Some drivers discuss certain things while driving and it may take his/her mind off the road even for a few seconds. On the other hand, some drivers may be daydreaming or thinking about the past or future while driving. It is also a kind of cognitive distraction that takes the driver’s mind off the road ahead.
Manual distractions will cause the driver to remove his/her hands off the wheel. The driver will experience manual distractions when:
- They try to pick up something that fell off the seat
- They reach out to adjust the radio station
- They try to place a CD into the car stereo
Laws Regarding Distracted Driving In Florida
- Reading, writing, or sending text messages while driving the vehicle.
- The use of handheld phones in active work zones.
- The use of handheld phones in active school zones.
The first offense is a non-movable violation that involves a fine of $30 plus court costs and fees.
Subsequent offenses that are committed within five years of the first offense are moving violations. They involve a fine of $60 + court costs + fees and three points are assessed against the driver’s license.
From October 2019, using a handphone in a school zone is considered a moving violation – even if it’s the first offense of the driver. The offense is fined $60 + court costs + fees and three points are assessed against the driver’s license.
What Damages Can Victims Get From A Distracted Driving Accident Claim in Florida?
The amount of compensation you will receive depends on the extent of your injuries. As a victim of a distracted driving case, you will be entitled to collect the following damages from the at-fault party:
- Medical expenses
- Loss of wages and income due to the injuries you sustained as a result of the accident
- Loss of future earnings
- Cost of therapy and rehabilitation
- Pain and suffering you experienced due to the accident
You should also remember that Florida is a state that practices comparative negligence – which means the victim will be able to recover damages in proportion to his/her degree of fault.
How Long Do I Have To File A Claim In Florida?
In Kissimmee, Florida, you have four years from the date of the accident to file your case. If not, the statute of limitations in Florida will come into effect and make it impossible to file the case.
Why Do I Need A Kissimmee Distracted Driving Accident Lawyer?
You need adequate compensation for your injuries. Insurance companies will try to minimize your payout by citing your partial involvement in the accident. A good lawyer can help navigate the court system and negotiate with the insurance company to get you the maximum benefits. The personal injury lawyers at Winters and Yonker have extensive experience in representing distracted driving victims and winning millions of dollars on their behalf.
When you have been injured in an auto accident due to a distracted driver, you are entitled to claim compensation for your injuries. Call Winters and Yonker at (888) 373-7770 for all your personal injury lawsuits including distracted driving cases in Kissimmee FL.