Gainesville Distracted Driving Accident Lawyer
Florida has a distracted driving problem. We’ve all seen them: distracted drivers who act like they are the only ones using the road. They text, watch videos, and engage in other dangerous activities while they are responsible for a vehicle that has the power to destroy lives if it’s used irresponsibly. It’s no surprise that so many people are innocent victims of these wrecks.
If you’ve been injured by a distracted driver or a loved one was killed, you are most likely feeling a significant burden right now as you struggle to cope.
The Gainesville drunk driving accident lawyers at Meldon Law offer the legal support you need to move forward after an injury. We hold distracted drivers accountable by proving their liability and fighting for maximum compensation. Reach out to our team at (352) 373-8000 or contact us online to schedule a free consultation and begin the process of seeking justice.
A Gainesville Car Accident Attorney Defines Distracted Driving in Florida
When people hear the term ‘distracted driving,’ they often first think of texting and driving. However, there are many other forms of distracted driving, as well. Distracted driving is defined as anything that takes a motorist’s hands off the wheel, their eyes off the road, or their focus off of their surroundings.
Certain forms of distracted driving, such as texting while driving, are against the law. When drivers do not comply with traffic laws and cause an accident as a result, they are considered negligent per se. This means the court will presume they acted negligently because they broke the law.
Other types of distracted driving, such as eating while on the road, are not violations of traffic law. Still, these actions can be considered careless and so, a driver can still be found negligent if they acted carelessly but did not break the law. Our Gainesville car accident lawyers can help you hold the distracted driver liable.
How Negligence Causes Distracted Driving Accidents in Gainesville
Texting while driving is a major cause of distracted driving accidents in Gainesville. Although Florida Governor RonDesantis signed a texting and driving law in 2019 that makes it a primary traffic offense in the state, these laws are rarely enforced.
Although texting while driving is a serious problem in Gainesville, it is far from the only way negligent drivers cause life-changing accidents. Some other forms of driver negligence include:
- Cell phone use: Beyond texting, using apps or making a phone call also takes focus from the road.
- Eating/Drinking: Unwrapping food packaging or sipping beverages is a physical and mental distraction. Hot liquids can also spill and burn the driver, potentially causing a major accident.
- Personal grooming: Adjusting hair/makeup, shaving, brushing teeth occupies hands and attention dangerously.
- Children: Children asking questions or fighting in the backseat can break someone’s concentration. Turning to check on infants is also a distraction.
- Entertainment/dashboard systems: Adjusting music or GPS navigation settings causes distraction.
- Reading: Glancing at books, newspapers or maps endangers all on the roadway.
- Emotional situations: Being immersed in stressful or exciting conversations prevents focusing fully on driving.
Any activity that reduces a driver’s attentiveness to the road and any potential hazards threatens everyone’s safety. Avoiding preventable distractions is a key duty drivers owe to other motorists, passengers, and pedestrians. When they fail in this duty, injured victims have the right to seek compensation with the help of a Gainesville personal injury lawyer.
How a Gainesville Injury Attorney Can Prove Distracted Driving
Proving an act of negligence is never easy, and this is especially true when you are trying to prove a driver was distracted at the time of a crash. After all, you were not in the vehicle with the other driver and so, cannot prove that they were on their phone or otherwise distracted moments before the accident. A Gainesville distracted driving accident attorney will know how to prove the other driver was distracted.
An attorney will collect important pieces of evidence, such as dash cam footage from a nearby driver, or video surveillance from nearby businesses. This type of footage can show what each driver was doing just before the accident, including shining light on the fact that they were distracted.
An attorney from our firm can also subpoena the cell phone records of the other driver, which could prove that they were texting or talking on the phone at the time of the accident. We will also defend against claims that you were partly negligent for the accident, so you claim the fair settlement you deserve. You can call us today to get started.
Types of Distracted Driving Accident Injuries You Can Seek Compensation for in Florida
In Florida, you have the right to file a claim for compensation for any costs that are related to injuries sustained in an accident that was caused by a distracted driver. Our Gainesville distracted driving accident lawyers have represented injury victims who have sustained:
- Amputations
- Broken bones and fractures
- Burn injuries
- Catastrophic injuries
- Internal injuries
- Spinal cord injuries
- Traumatic brain injuries
We can also help you if you lost a loved one in a distracted driving accident. We can seek justice on your loved one’s behalf through a wrongful death claim while you and your family focus on your grief and celebrating your loved one.
In addition to being able to seek recovery for your medical bills for any of these injuries, you may be able to seek compensation for your missed work, the cost of medical transportation, the cost of disabled access devices, and any other accident-related expenses. You may also be able to recover compensation for your pain and suffering and other non-economic damages.
How Long You Have to File a Lawsuit After a Distracted Driving Accident in Gainesville
Under Florida Statute 95.11, the deadline to file a personal injury lawsuit after being involved in a distracted driving accident is generally two years from the date of the collision. However, different time limits may apply if you’re filing a lawsuit against a Florida government entity, if the victim is under 18, or in certain other situations.
There are a couple of reasons this two-year timeframe is important to keep in mind. First, you will be barred from seeking compensation in court if you miss the deadline in most cases. Second, the sooner you get started, the stronger your evidence will be. Waiting too long can cause evidence to be lost or damaged and witness memories may fade.
If you were injured in an accident that was caused by a distracted driver, a Florida car accident lawyer can tell you how the statute of limitations applies to your claim and make sure you stay on track to meet the deadline.
How Florida’s Fault Laws Apply to a Distracted Driving Accident in Gainesville
Florida follows a “modified comparative negligence” model for assessing fault and liability in distracted driving accidents. This means if an investigation determines you were partly at fault in a wreck, you can recover compensation as long as you are less than 51 percent responsible. If you share less than 51 percent of responsibility, your compensation will be lowered by the amount.
An example of how modified comparative negligence works in a car accident lawsuit in Florida is if a victim was deemed 25 percent responsible for an accident and the distracted driver was deemed 75 percent responsible.
If the damage award was $100,000, it would be reduced by 25 percent. So they would end up with $75,000.
How a Gainesville Distracted Driving Accident Lawyer Can Help You
Getting hurt in a crash is hard enough without fighting insurers, too. But you don’t have to fight alone. You can get help from our attorneys. We dig deep investigating accident causes, using police reports, videos, witnesses, and more as they apply to your claim. This builds a strong case about who’s really at fault. Insurers often wrongly blame victims when they try to avoid paying. We don’t let them.
We work with financial and medical experts to calculate all your costs from the crash. Then, we force insurers to pay the full reasonable amount through negotiation or lawsuit threats. We’re not afraid to go to court if needed to get victims fair settlements.
With legal help taking the lead, you can focus on feeling better – not endlessly fighting insurers. Our lawyers have lots of experience making insurers do what’s right after accidents harm innocent people through no fault of their own. Let us ease your worries throughout every step of the process of seeking justice after a distracted driver accident in Gainesville, Florida.
A Gainesville Distracted Driving Accidents Attorney Can Advise on Your Case
If you have been hurt in a crash, a Gainesville distracted driving accidents attorney from Meldon Law is here to help. We know how to prove your case and help you claim the damages you deserve during this difficult time. We handle cases on a contingency-fee basis, which means you pay no upfront fees and no attorney’s fees unless we win your case.
Call us today at (352) 373-8000 or contact us online to schedule a free consultation.
