Stuart Distracted Driving Lawyer
While distracted driving has existed since the beginning of motor vehicles, it has exploded with smartphone technology and touch screen car navigation and 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. Drivers today are constantly surrounded by notifications, navigation prompts, music streaming apps, and incoming calls, all competing for their attention in a moving vehicle.
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. A moment of inattention can lead to rear-end collisions, lane departure crashes, intersection accidents, and even fatal high-speed impacts. 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 and protect your right to full compensation.
Distracted driving accidents are particularly dangerous because they often involve delayed reaction times. A driver who is looking down at a phone or scrolling through a screen may not brake in time, may drift into another lane, or may fail to see a pedestrian or cyclist. These crashes are rarely “minor” incidents. Even at moderate speeds, the force of impact can cause serious injuries that disrupt your life in an instant.
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.
There are generally three categories of distraction: visual, manual, and cognitive. Visual distractions involve taking your eyes off the road. Manual distractions involve taking your hands off the wheel. Cognitive distractions involve taking your mind off driving. Many behaviors, such as texting, combine all three at once, making them especially dangerous.
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
- More.
Other common distractions include adjusting the radio, using GPS systems, applying makeup, checking social media, responding to emails, or interacting with children in the back seat. Even a few seconds of distraction at highway speeds can mean traveling the length of a football field without looking at the road. When that happens, innocent drivers and passengers are placed at serious risk.
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. A formal crash report can be critical evidence later, especially if it notes that the other driver appeared distracted or admitted to using a device at the time of the accident. This report often becomes one of the first documents a Stuart distracted driving lawyer reviews when evaluating your case.
In addition to calling law enforcement, it is helpful to gather your own documentation if you are physically able to do so. Take photographs of the vehicles involved, the roadway, skid marks, traffic signals, and any visible injuries. These details can later help a Stuart distracted driving lawyer reconstruct the circumstances of the crash and demonstrate how the distracted driver caused the accident.
Some important steps to take at the scene include:
- Taking photos of vehicle damage and the surrounding area
- Getting the names and contact information of witnesses
- Exchanging insurance and contact information with the other driver
- Avoiding statements that could be interpreted as admitting fault
- Notifying your insurance company about the accident as soon as possible
These simple actions can make a significant difference later when a Stuart distracted driving lawyer begins gathering evidence and preparing your claim.
Next, make sure you seek medical attention for your injuries. Even if you believe your injuries are minor, symptoms can worsen in the hours or days following a crash. Neck pain, back injuries, concussions, and internal injuries often take time to become noticeable. Prompt medical care not only protects your health but also creates documentation linking your injuries directly to the accident. Waiting too long to seek treatment can give insurance companies an excuse to question the seriousness or cause of your injuries. A Stuart distracted driving lawyer will often rely on these early medical records when presenting your case.
Medical documentation also helps establish the timeline of your injuries and treatment. Follow all recommendations from your healthcare providers, including follow-up visits and therapy appointments. A Stuart distracted driving lawyer can use this information to demonstrate the full extent of your injuries and how the crash has impacted your life.
Finally, contact a Stuart distracted driving lawyer 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. In some cases, cell phone records can be obtained to determine whether a driver was texting or using an app at the time of the crash.
A Stuart distracted driving lawyer will know how to request and analyze this type of evidence. Phone usage data, vehicle data recorders, and surveillance footage can all provide insight into the driver’s behavior leading up to the collision. By building a comprehensive picture of the accident, a Stuart distracted driving lawyer can strengthen your claim and demonstrate that the other driver failed to operate their vehicle responsibly.
However, even without direct proof of the distraction, they can still be held liable for making other errors while driving as a result of being distracted. If the driver failed to maintain their lane, ran a red light, followed too closely, or failed to yield, those actions alone may establish negligence. A Stuart distracted driving lawyer will investigate all aspects of the crash, including road conditions, vehicle damage, and witness accounts, to build the strongest case possible on your behalf.
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. PIP typically covers a percentage of medical expenses and lost wages, regardless of who was at fault for the crash. This no-fault system is designed to provide quick access to initial medical benefits so accident victims can receive treatment without waiting for liability disputes to be resolved.
However, navigating the claims process is not always straightforward. Insurance companies may request extensive documentation or question the necessity of certain treatments. A Stuart distracted driving lawyer can help ensure that your claim is properly submitted and supported by the necessary medical and financial records.
Often though, PIP insurance is not enough coverage to pay for the medical expenses, especially in serious injury cases. Hospital visits, imaging tests, surgeries, and physical therapy can quickly exceed the limits of PIP coverage. When injuries are severe and meet Florida’s serious injury threshold, you may step outside the no-fault system and pursue a personal injury claim against the distracted driver. A Stuart distracted driving lawyer can determine whether your injuries qualify for this type of claim.
Pursuing a claim beyond PIP allows you to seek compensation for damages that basic insurance coverage does not address, including pain and suffering, emotional distress, and long-term medical needs. A Stuart distracted driving lawyer will evaluate the full impact the accident has had on your life before determining the appropriate legal strategy.
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. This may involve gathering medical records, expert opinions, employment documentation, and evidence demonstrating how the accident has affected your daily life.
Insurance companies often attempt to minimize payouts by disputing the severity of injuries or arguing that you were partially at fault. They may also attempt to pressure accident victims into accepting a quick settlement before the full extent of injuries is known. Having a Stuart distracted driving lawyer represent you levels the playing field and ensures that your claim is taken seriously.
Your Stuart distracted driving lawyer can handle negotiations, respond to insurance tactics, and, if necessary, file a lawsuit to pursue the compensation you deserve under Florida law. With the guidance of an experienced Stuart distracted driving lawyer, you can focus on recovery while your legal team works to protect your rights and pursue the financial support you need to move forward.
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.
