There are few things more frustrating than being involved in an auto accident, especially when the accident could have easily been avoided had the other driver been concentrating on the road. Instances of distracted driving have reached epidemic numbers nationwide, and Florida is no stranger to the issue. Distracted driving poses an ever-increasing threat on our streets and highways. If you’ve been injured by someone who was inattentive while driving contact a Tampa distracted driver accident lawyer at Winters & Yonker today to schedule your free consultation. Our aggressive attorneys will get you the compensation you deserve.
Table of Contents
Why Should I Contact a Lawyer for a Distracted Driving Accident?
As the victim of someone else’s poor decisions, you are likely to incur steep medical bills while at the same time being forced out of work while you recover. If your injuries will have more long-term effects, your situation could be far more precarious if you don’t take action quickly.
At Winters & Yonker, we believe that people who get hurt in auto accidents caused by the reckless and selfish behavior of another deserve adequate compensation for their pain, suffering, and inevitable losses that result from their injuries. We have helped injured people throughout the state of Florida seek and collect the compensation they are owed.
Whether it was a drunk driving accident or a car accident caused by a distracted driver, don’t rely on an insurance company to do the right thing. Insurance company settlements never adequately benefit the victim. You need an aggressive, experienced personal injury attorney on your side who is not afraid to stand up to any insurance company or individual who might be responsible for compensating you for your injury.
Is it Illegal to Text While Driving in Florida?
With each passing year, our cell phones vie for more and more of our attention. The latest app, gadget, or the game might be fun, but there is a time and place for it. While you are driving is neither. Our youth are among the most at-risk groups. For all our effort to educate them to the dangers of texting and driving, incidents of young drivers causing texting-and-driving crashes is increasing each year at an alarming rate.
Texting and driving have been prohibited by law in Florida since 2013. Drivers caught doing it are subject to fines and other penalties, including points on their licenses. Florida law allows even more serious penalties for texting and driving in school zones and they are held civilly responsible if it is determined that their texting activity caused an accident. Even so, more than 2,000 accidents in Florida can be attributed to distracted driving annually, according to Florida’s Department of Highway Safety and Motor Vehicles.
What Are Common Distracted Driving Accident Causes?
While texting is arguably one of the most common culprits in distracted driving cases, there are many other dangerous distractions that lead to serious injuries besides. Any activity that detracts from one’s attention to the driving environment can cause a distracted driving accident. Distractions are a leading cause of auto accidents and are a significant cause of serious injuries and even death.
Here are some of the more common causes cited in distracted driving accident cases in Florida:
- Talking on or dialing a cellphone
- Eating and drinking
- Passenger distractions
- Applying makeup, shaving, or performing other grooming tasks
- Excessive attention to navigation devices
- Changing radio stations or CDs
- Numerous other distractions originating either inside or outside the vehicle
Car accidents of any kind are largely the result of driver error of one kind or another. Whether it was a text message or a hot cup of coffee that directed the driver’s attention away from the road, the result was an accident that should never have happened in the first place.
If you or someone you love has been injured by a distracted driver, you need an experienced personal injury attorney in Tampa to represent you. The lawyers at Winters & Yonker are here to help you deal with the aftermath of a car accident. Call us today to speak with an attorney for free about your case.
How Can Negligence be Proven in a Distracted Driving Case?
Personal injury litigation is different from criminal action. Civil personal injury cases do not use the same criteria as criminal cases to determine responsibility, although the process is very similar. In either instance, when a case goes to court, a jury must be convinced that the defendant was negligent. Many personal injury cases are settled without a trial, but if no reasonable resolution and settlement can be reached, we at Winters & Yonker are prepared to fight your case in court.
While texting has taken the spotlight over the past few years, distracted driving is as old a problem as driving itself. This is, in part, why it can be difficult to prove negligence in a distracted driving case. Arguments will be made on both sides as to who or what caused the accident. This is why you need a seasoned distracted driving accident attorney who can sort through all the evidence and details, and uncover the truth.
In order to prevail in a distracted driving case, your attorney needs to be able to prove the following:
- The driver had a duty to act with reasonable care behind the wheel
- The driver breached his or her duty by engaging in negligent behavior
- That breach of duty caused injury to the victim
- The victim has suffered damages as a result
attorney to you!
Contact our Aggressive Attorneys at Winters & Yonker
A driver who texts and drives or is otherwise distracted while driving will often be found to have breached his or her duty to act in a manner common for a reasonable and prudent individual operating a motor vehicle. Victims who are successful in negligence claims are entitled to recover damages for any and all present and future expenses that are incurred as a result of the injury. This includes applicable damages of both an economic and non-economic nature.
We believe that you deserve full compensation to cover all the expenses associated with your injury, including existing medical bills, ongoing medical care and treatment, loss of wages, and other monetary damages. At Winters & Yonker, our Tampa car accident attorneys have a proven track record for holding distracted drivers accountable for their actions. We aggressively pursue your claim and fight to get you the justice you deserve.
What Compensation Will a Distracted Driving Claim Cover?
The amount of money you could collect depends on the nature of your injury and the extent of the harm it has done to you. When an insurance company offers a settlement, it is often too early in the process to determine everything you will need in terms of compensation long-term.
Without an experienced Tampa distracted driver accident lawyer to help you understand your rights, you leave yourself at the mercy of an insurance company whose primary goal is to act in its own best interests and those of its clients. At Winters & Yonker, we help you build a clear case for collecting the damages you deserve. Having us in your corner gives you a far better chance at collecting all the money you need to pursue a full recovery and protect your future should a complete recovery not be a possibility for you.
The severity of distracted driving-related accidents is exacerbated by the fact that the driver who caused the accident had a reasonable ability to avoid it. Failure to recognize impending danger can have devastating consequences. As the victim in a distracted driving accident, you have the right to pursue a personal injury claim that includes any of the following:
- Medical expenses
- Costs for rehabilitation and therapy
- Loss of wages
- Loss of future earnings
- Pain and suffering
Make no mistake about it: all accidents caused by distracted driving are preventable. It is neither fair nor reasonable that you should have to deal with the possible lifelong pain and effects of your injury or bear the burden of another person’s intentional distracting behavior behind the wheel. Our personal injury lawyers are here to help.
What if I’m Partial to Blame for My Distracted Driving Accident?
Victims found to have contributed to a distracted driving accident are often still be able to recover damages at lesser amounts. In Florida, injured people are able to recover damages in proportion to their degree of fault.
Never trust an insurance company’s assessment of your situation. Quite often, insurance companies assign a higher degree of blame to the victim than what is appropriate. Let your aggressive Winters & Yonker Tampa distracted driver accident lawyer work with the insurance company to determine your actual degree of fault, if any, exists.
Call a Tampa Distracted Driving Accident Lawyer Now
It is important that negligent drivers be held accountable for their actions when they cause accidents – especially when the accident was easily avoidable. If they are not, not only will drivers continue to exhibit these types of dangerous behaviors, but instances of distracted driving will continue to rise, leading to more future accidents, ruined lives, and broken families. Do your part to bring about positive change. Hold the person who hurt you responsible.
In Florida, a plaintiff in a personal injury case must file his or her claim within four years of the date of their injury. Contact our car accident lawyers near Tampa over the phone or online. The call and advice are both free and we are available right now to discuss your case and arrange for a free initial consultation.