While distracted driving has existed since the beginning of motor vehicles, it has exploded with smartphone technology, and touch screen car navigation/infotainment systems. The Car Guide reported on a AAA study that found 23 out of 30 infotainment systems in cars required “high” or “very high” levels of attention to operate and that none of them were safe for use while driving. It is a driver’s responsibility to keep their attention on the road in front of them and when a distracted driver causes a crash, they need to be held responsible. If you are the victim of a distracted driving incident, it is time to contact a Stuart distracted driving lawyer to begin the personal injury claim process.
Types of Distracted Driving
According to Florida Statute 316.305, it is illegal to text and drive. Many people associate distracted driving only with texting, but it goes well beyond simply using the phone while operating a vehicle. Distracted driving includes anything that takes a person’s eyes off the road, hands off the wheels, or mind off the task of driving. This includes:
- Reaching to the passenger’s side or backseat to find an item;
- Eating or drinking while driving;
- Getting into an argument with a passenger;
- Driving immediately after a traumatic event where your mind is elsewhere;
- Looking at your phone or car screen for any reason; and
What to Do If You Were Injured By a Distracted Driver
If you were injured in a car collision there are a few steps to take immediately. First, make sure the police are contacted so that they can write a crash report, take photos, and collect witness statements. Next, make sure you seek medical attention for your injuries. Finally, contact a Stuart personal injury attorney who can help guide you through the process of making insurance claims. It may be difficult to prove the driver was distracted unless they admit it, witnesses testify that they saw a distracted driver, or traffic cameras catch footage of the distracted driver. However, even without proof of the distraction, they can still be held liable for making other errors while driving as a result of being distracted.
How Do I File an Insurance Claim?
Florida mandates that residents have personal injury protection (PIP) insurance, which covers the medical bills for the driver, passengers, and the driver’s household members. Often though, PIP insurance is not enough coverage to pay for the medical expenses, in which case you will need to file a personal injury lawsuit to hold the distracted driver liable. An attorney can advocate on your behalf and collect the necessary documentation to prove fault and damages, so that the insurance companies compensate you appropriately for your injuries, lost wages, property damage, and emotional distress.
Contact a Stuart Distracted Driver Attorney For Help After Your Crash
Accidents do not just happen, they are caused by a person who is inattentive. If you are the victim of such a crash, the distracted driver attorneys at Sholtes Law, PLLC are here to help you during this traumatic time. Call us at 855-534-2509 or contact us to schedule a free consultation. We will meet you at a location that is best for you.