Pensacola Distracted Driving Accident Attorney

Fighting For Those Who Have Been Injured By Distracted Drivers in Florida

Distracted driving is a leading cause of accidents on Florida roads, often resulting in severe injuries or fatalities. If you or a loved one was injured in a car crash caused by a driver who was distracted by their cell phone or other device, you may be able to recover compensation for your damages.

At Crawford Law in Pensacola, FL, we understand the devastating consequences that distracted driving accidents can have on victims and their families. Our dedicated distracted driving accident attorney is committed to helping victims seek justice and recover the compensation they deserve.

Injured by a Distracted Driver? Get Legal Help Today! Don't let a reckless driver leave you with the burden of medical bills and lost wages. Contact us now at (850) 220-2098 for a free consultation!

What Is Distracted Driving?

In Florida, distracted driving is considered any activity that diverts the driver's attention away from the primary task of driving. This includes activities like texting, talking on the phone, eating, drinking, using a GPS, adjusting the radio, or attending to passengers or pets in the vehicle. Importantly, Florida law explicitly prohibits texting while driving under the Florida Ban on Texting While Driving Law.

Common Causes of Distracted Driving Accidents

The most common cause of distracted driving accidents is texting while driving. Other prevalent causes include:

• Talking on a cell phone
• Eating or drinking
• Adjusting the radio or navigation system
• Attending to children or pets in the back seat

These actions significantly increase the risk of a collision as they divert the driver's attention from the road.

Common Injuries in Distracted Driving Accidents

Common injuries include:

• Whiplash and Neck Injuries: The abrupt force of a collision can cause the head to jerk violently, leading to whiplash. This injury can result in chronic pain, reduced mobility, and long-term discomfort.
• Traumatic Brain Injuries (TBI): A blow to the head during an accident can cause traumatic brain injuries. TBIs can range from mild concussions to severe brain damage, leading to cognitive impairment, memory loss, and emotional changes.
• Spinal Cord Injuries: Spinal cord injuries could have life-altering consequences, including partial or complete paralysis. These injuries often require extensive medical treatment and rehabilitation.
• Broken Bones and Fractures: The impact of a crash can cause bones to break or fracture, necessitating surgeries and lengthy recovery periods. Commonly impacted areas include the arms, legs, ribs, and pelvis.
• Internal Injuries: Internal injuries, like damage to organs, internal bleeding, and punctured lungs, can be life-threatening and may not be instantly apparent. Prompt medical attention is crucial.
• Emotional Trauma: Beyond physical injuries, victims of distracted driving accidents often suffer from emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). The psychological effect can be profound and long-lasting.

Compensation for Victims of Distracted Driving Accidents

Victims of distracted driving accidents may be entitled to compensation for various damages, including:

• Medical expenses: This can cover both current and future medical bills related to the accident.
• Lost wages: If your injury has caused you to miss work or reduced your earning capacity, you may be compensated for these losses.
• Pain and suffering: Compensation may also be awarded for physical pain and emotional distress caused by the accident.
• Property damage: You may be reimbursed for the cost to repair or replace your vehicle and other property damaged in the accident.

Legal Consequences for Distracted Drivers in Florida

Distracted driving is a serious offense in Florida, and the state has laws in place to penalize those who put others at risk.

• Penalties for Texting and Driving: Florida law prohibits texting while driving under the Florida Ban on Texting While Driving Law. A first offense results in a fine, while repeat offenses lead to higher fines and points on the driver's record. If texting leads to an accident, the penalties can be even more severe.
• Determining Liability: In a distracted driving accident, liability is determined based on negligence. If a driver was using their phone, eating, or engaging in another distraction when the crash occurred, they may be held responsible for damages. Evidence such as phone records, witness statements, and police reports play a key role in proving liability.

How to Prove a Distracted Driving Claim

Proving that a driver was distracted at the time of an accident requires strong evidence. Some of the most effective ways to establish fault include:

• Phone Records: Cell phone logs can show if the driver was texting or calling when the accident happened.
• Witness Statements: Passengers, other drivers, or pedestrians may have seen the distracted driver just before the crash.
• Surveillance Footage: Traffic cameras or nearby businesses may have captured video evidence of the driver’s actions.
• Accident Reconstruction Experts: These professionals analyze crash details, including vehicle speed and reaction time, to determine whether distraction played a role.

What to Do After a Distracted Driving Accident

If you are involved in an accident caused by a distracted driver, taking the right steps can help protect your health and legal rights.

• Call 911: Reporting the accident ensures that a police report is filed, which can be critical for your claim.
• Seek Medical Attention: Even if you feel fine, some injuries may not be immediately noticeable. A medical evaluation provides essential documentation.
• Gather Evidence: Take photos of the accident scene, vehicle damage, and any visible injuries. If possible, get contact information from witnesses.
• Consult a Lawyer: A distracted driving accident attorney can help you navigate the legal process, gather evidence, and pursue compensation for your losses.

Taking quick action after an accident increases your chances of securing the compensation you deserve.

Frequently Asked Questions About Distracted Driving Accidents

Can I file a claim if the distracted driver was not ticketed?

• Yes, you can still file a claim even if the distracted driver wasn’t ticketed. While a citation can support your case, other evidence—such as phone records, witness statements, and accident reconstruction reports—can help prove that the driver was distracted and responsible for the crash.

How long do I have to file a lawsuit after a distracted driving accident in Florida?

• In Florida, you typically have two years from the accident date to file a personal injury lawsuit. However, exceptions may apply depending on the circumstances, so it’s best to consult with an attorney as soon as possible to avoid missing the deadline.

What if I was partially at fault for the accident?

• Florida follows a modified comparative negligence rule, meaning you can recover compensation as long as you are less than 50% at fault. However, your compensation will be reduced based on your percentage of responsibility for the crash. A lawyer can help determine your potential recovery.

What types of damages can I recover after a distracted driving accident?

• You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages. The amount you receive will depend on the severity of your injuries, the impact on your life, and the level of negligence involved.

Should I accept a settlement from the insurance company?

• It’s best to consult with an attorney before accepting any settlement. Insurance companies often offer low initial settlements to close claims quickly, but an attorney can negotiate for a fair amount that fully covers your medical costs, lost wages, and other damages.

Do I need an attorney to handle my case?

• While not required, having an attorney significantly increases your chances of obtaining full compensation. A lawyer can gather evidence, negotiate with insurance companies, and fight for the best possible outcome, ensuring your rights are protected.

Why Choose Crawford Law?

At Crawford Law, we have extensive experience handling distracted driving accident cases. Our dedicated team understands the complexities of Florida's distracted driving laws and will work tirelessly to build a strong case on your behalf. We are committed to securing the maximum compensation for our clients to cover their medical costs, lost wages, and other damages.

Your Recovery Starts Now – We’re Here to Help! If you’ve been in a distracted driving accident, you deserve justice. Contact us at (850) 220-2098 to discuss your case today!