St. Augustine Distracted Driving Accident Attorney

Legal Guidance After Texting & Distracted Driving Accidents in Florida

We have all seen it while driving down roads and freeways—other drivers putting on makeup while driving, eating, or texting behind the wheel. These drivers are obviously distracted and have little to no regard for the safety and well-being of others.

At first blush, distracted driving may not seem like a big deal. However, the average vehicle comprises approximately 4,000 pounds of steel, plastic, and glass, all of which hurtles down the road at anywhere from 8 to 80 miles per hour. When the person operating this vehicle is not paying attention, accidents are bound to happen.

If you were injured or if someone you love was killed by a distracted driver, you deserve justice and the chance to heal. At Canan Law, our St. Augustine distracted driving accident attorneys are prepared to stand up for you and your rights. We know how to properly investigate these types of motor vehicle accident claims to establish the fault of the distracted driver, demonstrate the extent of your injuries and damages, and effectively advocate for you in settlement negotiations or at trial. 

To discuss your case with one of our skilled personal injury lawyers, call Canan Law at (904) 849-2266 or submit a free online case evaluation form. 

Distracted Driving Statistics in Florida

Whether the distracted driver was texting, using a cellphone, eating, grooming themselves, or reading, distracted driving is a huge, dangerous problem on Florida roads. In recent years, Florida has been named the second most dangerous state when it comes to distracted driving, and in 2019, the Florida Department of Highway Safety and Motor Vehicles (FHSMV) reported that there were more than 160,000 distracted driving crashes in Florida in 2019.

These staggering statistics reveal the serious dangers of distracted driving, but it was only relatively recently that Florida enacted laws specifically aimed at reducing distracted driving accidents.

Types of Distracted Driving

Distracted driving refers to any activity that diverts attention away from the road. It’s a serious issue that can lead to devastating accidents. Here are some common types of distractions:

• Texting and Emailing: Texting or emailing while driving is one of the most dangerous distractions. It requires taking one hand off the wheel, eyes off the road, and mental focus away from driving. Studies show that texting is more distracting than talking on the phone, as it involves multiple senses at once.
• Talking on the Phone: Whether handheld or hands-free, talking on the phone can divert attention from driving. Even hands-free devices require mental focus, reducing awareness of surroundings and reactions to potential hazards.
• Eating and Drinking: Eating or drinking while driving may seem harmless, but it often requires a driver to take their hands off the wheel and focus on their meal instead of the road. Spills or trying to handle food while driving can cause accidents.
• Grooming and Other Distractions: Simple tasks like putting on makeup, brushing hair, or adjusting the radio can lead to accidents. These actions require mental and physical attention that should be focused on driving.

How to Prove a Distracted Driving Accident

When you’re involved in a distracted driving accident, it’s crucial to gather evidence to prove the other driver was distracted.

• Evidence Collection: Photos, witness statements, and the accident report can all help prove that the other driver was distracted. These can provide clear documentation of the scene and the driver’s behavior.
• Cellphone Data and Texting Logs: Cellphone records, including texting logs, can be subpoenaed to confirm that the driver was texting or on a call at the time of the accident. These logs can serve as critical evidence in court.
• Expert Witness Testimony: Accident reconstruction experts can help establish how the accident happened and show that distracted driving contributed to the crash. These professionals use evidence to recreate the events leading up to the crash.

Insurance Claims in Distracted Driving Accidents

Filing an insurance claim after a distracted driving accident can be complicated. Here’s what you should know:

• How to File a Claim: To start the process, you need to file an insurance claim with your own provider. You will need to provide details of the accident, such as police reports, medical bills, and other documentation.
• Dealing with Insurance Companies: Insurance companies may attempt to reduce the payout by blaming the victim or downplaying the extent of the injuries. It’s important to have a lawyer who can handle negotiations and ensure you get fair compensation.

The Impact of Distracted Driving on Victims

Distracted driving accidents can lead to serious consequences. Victims may experience:

• Physical Injuries: Common injuries from distracted driving accidents include whiplash, broken bones, head trauma, and spinal injuries. These injuries can require long-term medical care and rehabilitation.
• Emotional and Mental Health Impact: The trauma of being involved in an accident can lead to anxiety, depression, or even post-traumatic stress disorder (PTSD). Victims may struggle with the emotional aftermath of the crash, affecting their daily lives.
• Economic Losses: Distracted driving accidents can lead to significant financial losses, including medical expenses, lost wages, and the cost of ongoing treatment. These financial burdens can affect the victim’s quality of life, making legal compensation essential to recovery.

Need help with your distracted driving case? Contact us now at (904) 849-2266 to get the compensation you deserve.

What Constitutes “Distracted Driving”

Although Florida laws target texting while driving, this is not the only form of distracted driving. In fact, any activity that takes a driver’s attention from the road is considered a distraction.

Driving distractions are categorized in three ways:

• Manual Distractions: These are activities that cause the driver to remove one or both hands from the steering wheel, such as changing the radio station or reaching for an item that has fallen onto the floor of the vehicle.
• Visual Distractions: These are any distractions that cause the driver to take their eyes off the road, such as looking down at a GPS device, turning to look at a passenger in the vehicle, or looking at an accident along the roadway.
• Cognitive Distractions: A cognitive distraction is anything that takes the driver’s mind off the task of driving, including engaging in a conversation with someone in the vehicle, daydreaming, or thinking about how to respond to a text message.

It can be exceedingly difficult to prove a driver was distracted without hard evidence. At Canan Law, our St. Augustine distracted driving accident lawyers know how to properly investigate these types of collisions to determine if the at-fault driver was distracted in some way. This might include looking at their cell phone records/data, examining nearby security footage of the crash, and working with accident reconstructionist to rebuild the events leading up to the collision.

Distracted Driving Laws in Florida

As of July 1, 2019, Florida Statute 316.305 prohibits motorists from texting while driving and allows law enforcement to issue traffic citations for those found to be violating the law. Specifically, the law prohibits drivers from manually typing or entering any letters, numbers, or symbols into a cell phone or another communications device for the purpose of texting, emailing, or sending an instant message.

Additionally, Florida Statute 316.306 prohibits the use of a handheld cell phone or other wireless communications device in school zones and work zones, including designated school crossings and zones, as well as active work/construction zones.

Experienced Lawyers Dedicated to Securing Compensation for Victims

At Canan Law, our attorneys have over 60 years of combined legal experience handling distracted driving accident cases, including those occurring on Interstate 95 and the surrounding roads. We also handle other personal injury claims for individuals in St. Johns County and Northeast Florida.

Our lawyers have been able to successfully recover damages for injured parties and their families, while also taking steps to raise awareness of the dangers of distracted driving and prevent future incidents in our community. We can also pursue wrongful death suits if a distracted driving accident resulted in fatalities.

We have also recovered punitive damages (those meant to punish the wrongdoer rather than compensation for out-of-pocket expenses) for victims of auto accidents, including those injured by distracted drivers.

Frequently Asked Questions About Distracted Driving Accidents

• What is considered distracted driving in Florida?
  Distracted driving in Florida includes any activity that diverts attention from driving, such as texting, talking on the phone, eating, drinking, adjusting the radio, or using in-car technology. Florida law specifically prohibits texting while driving.
• How can I prove that the other driver was distracted?
  To prove distracted driving, you may need to gather various forms of evidence, such as:
  • Photos of the accident scene
  • Eyewitness testimonies
  • Cellphone records to show texting or calls
  • Accident reports and police investigations
• Can I file a claim if I was partially at fault in a distracted driving accident?
  Yes, Florida follows a comparative negligence rule, which means that even if you were partially at fault, you may still be able to recover compensation. Your damages will be reduced based on your percentage of fault in the accident.
• What are the penalties for distracted driving in Florida?
  Penalties for distracted driving in Florida can include fines, points on your driver’s license, and, in the case of texting while driving, possible increased penalties for subsequent offenses. In some cases, distracted driving can lead to a suspension of your driver’s license.
• How long do I have to file a distracted driving accident claim in Florida?
  In Florida, the statute of limitations for personal injury claims is typically four years from the date of the accident. It’s essential to file your claim before the deadline expires to avoid losing your right to seek compensation.
• What if the distracted driver was texting and caused a fatal accident?
  If the distracted driver caused a fatal accident, you may be able to pursue a wrongful death claim. Family members of the deceased can seek compensation for medical expenses, funeral costs, lost wages, and pain and suffering.
• Will my insurance cover the damages if I was hit by a distracted driver?
  Your insurance may cover your damages through your own policy, such as Personal Injury Protection (PIP) in Florida. However, if the other driver is found to be at fault for distracted driving, you may be able to recover additional compensation from their insurance as well.

Call Our Team Today

If you have been injured by a driver who was texting while driving or otherwise distracted, contact our attorneys to schedule a free consultation. We are available 24 hours a day, 7 days a week, and we do not collect any attorneys’ fees unless/until we recover compensation for you.

Injured by a distracted driver? Contact us at (904) 849-2266 for skilled legal support and a free case review.