firm logo

Understanding Your Rights: How Florida Law Protects Victims of Distracted Driving

January 18, 2024

Understanding Your Rights: How Florida Law Protects Victims of Distracted Driving

Distracted driving is a growing concern in Florida and across the United States. As a victim of distracted driving, you may wonder what legal rights and protections are available to you. In this comprehensive guide, we will delve into Florida’s laws and regulations surrounding distracted driving and explore the rights and options available to car accident victims.

The Dangers of Distracted Driving

Distracted driving is any activity that diverts attention from driving. Actions like texting, using a cell phone, eating, or adjusting the radio can result in catastrophic consequences. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,522 lives in 2021 alone.

Common Injuries Sustained in Distracted Driving Accidents

One of the most crucial aspects of understanding your rights as a victim is recognizing the injuries you may sustain in a distracted driving accident. Common injuries include:

  • Whiplash: This neck injury occurs when the head jerks forward and then backward suddenly. Symptoms may include neck pain, stiffness, and headaches. In severe cases, it can lead to long-term issues.
  • Traumatic Brain Injuries: TBIs can range from concussions to more severe brain injuries. Symptoms may vary, but they can include headaches, memory problems, mood changes, and cognitive issues. Long-term effects can be life-altering.
  • Spinal Cord Injuries: Spinal cord injuries can result in paralysis, loss of sensation, and long-term physical challenges. They often require extensive medical care and rehabilitation.
  • Broken Bones: Fractures and broken bones are common in car accidents. These injuries can lead to surgeries, casts, and long recovery periods.
  • Psychological Trauma: The emotional impact of a distracted driving accident should not be underestimated. Victims may suffer from anxiety, depression, and post-traumatic stress disorder (PTSD).

Florida’s Legislative Measures Against Distracted Driving

Florida has enacted laws to combat distracted driving and protect its citizens. These laws aim to deter drivers from engaging in distracting behaviors while on the road.

  • Texting While Driving: Florida Statute § 316.305 makes it illegal to text while driving. This law prohibits any person from operating a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communication device to send or read data.
  • Hands-Free Driving: In an effort to reduce distractions, Florida law requires that drivers use hands-free devices when talking on the phone. This means that you must use a hands-free headset or the speakerphone function if you want to make or receive calls while driving.
  • Enhanced Protections: In designated school zones and work zones, all drivers are prohibited from using handheld devices. This stricter regulation is in place to ensure the safety of children and workers.

Your Legal Recourse as a Distracted Driving Victim

As a victim of distracted driving, you have legal rights and options to seek justice and compensation for your injuries and damages.

  • Right to Compensation: If you’ve been injured from the negligence of a distracted driver, you have the right to seek compensation for your medical bills, pain and suffering, lost wages, and other damages. Florida law allows victims to pursue a personal injury claim against the at-fault driver.
  • Insurance Claims: Florida is a no-fault insurance state, which means that your own insurance policy will generally cover your medical expenses and lost wages, regardless of who was at fault. However, if your injuries are severe or meet certain criteria, you may be able to step outside the no-fault system and file a lawsuit against the responsible party.
  • Proving Negligence: To succeed in a personal injury claim, you must establish that the distracted driver was negligent. Negligence involves proving that the driver had a duty of care, breached that duty through distraction, and caused your injuries as a result.
  • Legal Representation: Navigating the legal process can be complex, especially while recovering from injuries. It’s advisable to seek legal representation from experienced personal injury attorneys like DLopez Law Firm. Our dedicated team can help you navigate the complexities of your case, gather evidence, negotiate with insurance companies, and advocate on your behalf.

Essential Steps to Take Post-Accident

If you’ve been injured in a distracted driving accident, it’s crucial to take specific steps to protect your rights and ensure your well-being. It’s imperative to:

  • Seek Medical Attention: Your health is the top priority. Even if your injuries seem minor, seek immediate medical attention. Some injuries may not be immediately apparent, and early detection and treatment are essential.
  • Document the Scene: If you are physically able, document the accident scene by taking photos or videos. Capture the damage to vehicles, road conditions, and any visible injuries.
  • Gather Witness Information: If there were witnesses to the accident, collect their contact information. Their statements may be valuable in supporting your claim.
  • Report the Accident: Contact law enforcement to report the accident. A police report can provide an official record of the incident.
  • Notify Your Insurance Company: Inform your insurance company about the accident promptly. Be truthful but avoid making statements that could be used against you.
  • Consult an Attorney: Reach out to qualified personal injury attorneys such as DLopez Law Firm. They can provide guidance on your legal options and protect your rights.

Understanding Compensation and Legal Deadlines

Compensation can cover various aspects of your recovery, from medical bills to emotional distress. Be mindful of Florida’s statute of limitations: personal injury claims typically have a four-year window, while wrongful death suits require filing within two years.

Contact Personal Injury Lawyers at DLopez Law Firm Today For a Free Consultation About Your Car Accident Case

At DLopez Law Firm, we understand the turmoil and distress caused by distracted driving accidents. If you’ve suffered because of another driver’s carelessness, you’re not alone. Our team is committed to advocating for victims like you, ensuring your voice is heard and your rights are fiercely protected. Every case is unique, and so is our strategy for each client. Our thorough attorneys dive deep into the specifics of your situation, ensuring no detail is overlooked in your pursuit of justice and compensation.

With years of experience handling distracted driving cases, we’re adept at navigating the complex legal landscape. Our track record speaks volumes about our commitment to achieving favorable outcomes for our clients. We offer free consultations to understand your case without any financial burden. Our fee structure is transparent – we only get paid if you win. From gathering evidence to negotiating with insurance companies, we handle the legal complexities so you can focus on your recovery. Our goal is to make this process as stress-free as possible for you.

Don’t let the aftermath of an injury overshadow your future. Contact us today, and take the first step towards reclaiming your life. Together, we can seek the justice and compensation you deserve.

(305) 224-8354© 2024 Copyright. All Rights Reserved.Disclaimer.Site Map.