Ocala Distracted Driving Accident Lawyer
When you are behind the wheel, your sole focus should be on the road. When a driver is texting, reading, tending to pets or children, or doing other things besides focusing on driving, they put the lives of others at risk. This is called distracted driving and it is a major cause of car accidents.
Thousands of people in the United States are killed by distracted driving every year, with many others injured. If you have been injured in this type of accident, contact an Ocala distracted driving accidents attorney who can help you obtain the compensation you deserve.
At Meldon Law, we fight for the victims of accidents caused by distracted drivers. You can connect with our team 24/7 for legal help by calling (352) 373-8000. Whether you’re ready to take the first step toward filing a claim or you simply have questions, our Ocala car accident lawyers are here to help.
Holding Distracted Drivers Accountable: Why It Matters
When drivers use phones or car screens instead of watching the road, they break laws and put lives in danger.
When a driver makes the decision to text while driving, they understand that they will not be able to see traffic and pedestrians. Many choose to take this risk knowing that innocent victims will suffer. But victims can fight back by holding the distracted driver accountable with the help of an Ocala personal injury lawyer.
Filing a claim against a distracted driver in Ocala can give you the compensation you need to move forward from your injuries and force the driver to be more careful in the future.
Florida Distracted Driving Laws
Under Florida Statutes, Section 316.305, a person may not operate a motor vehicle while typing on a cell phone or other wireless communications device. Law enforcement officials are allowed to issue citations to motorists who are texting, instant messaging, or sending emails while driving.
Penalties are as follows:
- The fine for a first offense is $30, with no points assessed against the driver license. This is considered a non-moving violation.
- For a second offense within five years, a motorist will be charged with a moving traffic violation and fined $60. The driver will have three points assessed against their license.
- When any offense occurs in a school zone and work zone, it is considered a moving traffic violation. The driver will be fined $60, with three points assessed against their license.
It’s important to note that while a distracted driver may receive a ticket or fines, this won’t help their injured victims in any way. To recover compensation, you must file an insurance claim or lawsuit.
Damages You Can Recover After a Distracted Driving Accident
Depending on the specifics of your case, you could recover:
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- Miscellaneous expenses
- Pain and suffering
Our team will examine your case to determine how much your case is worth.
How an Ocala Distracted Driving Accident Attorney Can Help You
Here are some key ways an Ocala distracted driving accident attorney can help injury victims pursue legal claims after a crash:
- Conduct a thorough investigation – Inspect vehicles/scene, obtain police reports, review medical records, and request phone logs to pinpoint distraction to establish negligence
- Connect distraction to collision – Retain qualified experts who can accurately reenact and recreate the collision sequence to prove that the driver’s failure to focus on driving caused the accident
- Handle logistics – Deal with insurance matters, coordinate vehicle repairs, and communicate with health providers so the client focuses their energy on healing
- Calculate damages – Tabulate immediate and estimated future medical costs, property losses, lost earnings, and pain and suffering damages to determine a fair settlement value
- Negotiate optimal settlement – Leverage findings to secure the most favorable financial outcome with insurance carriers out of court
- Take action in court – If reasonable settlement talks stall, file lawsuits against all negligent parties pursuing courtroom victories to win deserved compensation
How Our Ocala Lawyers Prove Distracted Driving in an Accident Claim
A car accident lawyer from our firm can prove driver distraction at the time of an accident in several ways:
- Subpoena cell phone records – If cell phone use is suspected, our attorneys can subpoena records and work with experts to pinpoint device activity indicating calls, texts, or app use immediately preceding crashes.
- Investigation of vehicle – We can analyze accident data recorders, GPS systems, or in-console usage to establish the driver was using entertainment screens or input controls instead of driving attentively.
- Examine photos of the accident – We will look at pictures taken at the scene. We might see things that others didn’t. For example, no skidmarks on the asphalt could establish that the driver did not hit their brakes to avoid the collision.
- Retain accident reconstruction experts – By recreating the accident, an expert could establish that the other driver didn’t make any sort of evasive maneuvers because they were distracted.
- Interviews with eyewitnesses – Third-party observations of activities like device fiddling or eyes off the road can substantiate distraction and counter any statements the at-fault driver makes to the contrary.
- Demonstrate a pattern via prior violations/collisions – We could look into the driver’s history for a definitive pattern of prior distraction-based citations or crashes, which can make it more likely that a driver would engage in these behaviors again in the future.
The sooner you reach out to an Ocala distracted driving accident lawyer, the sooner we can begin gathering evidence to prove your claim. Get started by calling us at (352) 373-8000.
How Long You Have to File a Lawsuit Against a Distracted Driver in Ocala
Florida Statutes § 95.11 states that the deadline to take legal action in cases involving distracted driving accidents is generally two years from the date of the crash.
If you wait too long to file and Florida’s two-year statute of limitations expires, you can lose your right to compensation. An accident attorney starts helping build viable cases much earlier by collecting critical evidence while it is still fresh. Don’t risk your compensation by waiting too long to contact an Ocala car accident lawyer.
Mistakes to Avoid to Protect the Value of Your Ocala Distracted Driving Claim
Here are some key mistakes for injured victims to avoid that could undermine the potential value of their distracted driving accident claims:
- Delaying medical treatment – Untreated injuries reduce claim strength and make pain and suffering damages harder to substantiate over time. Pursue prompt physician diagnosis and follow all treatment plans.
- Posting about the accident online – Refrain from public social media posts about the crash while pursuing claims. Insurers scour sites looking for evidence reducing liability or revealing pre-existing medical history.
- Accepting quick claim settlements too soon – Serious injuries and expenses may surface later, so don’t agree to settlements before fully knowing the extent of losses and long-term effects. Consult an attorney first.
- Failing to track all expenses/losses – Meticulously log every bill, missed wage stub, and property damage receipt with precise dates. Complete documentation of all costs strengthens case value.
- Missing medical appointments – Missing or skipping appointments gives the insurer an excuse to devalue or deny your claim.
To prevent needless errors during the process of navigating a distracted driving claim in Ocala, speak to an injury attorney. It’s also a good idea to let us handle all communications with the insurance companies.
How Distracted Driving Causes Accidents
Texting and driving is such a dangerous act because it employs all three types of distracted driving at once. However, it’s important to note that any type of distracted driving is dangerous, even if it only employs one of the following:
Visual Distractions
These occur when a driver takes their eyes off the road. This can occur when someone is looking at their phone, looking at passengers, focusing on GPS, reading something, or looking in the mirror to apply makeup.
Manual Distractions
Manual distractions occur when a driver takes their hands off the wheel. Because a driver cannot fully control the vehicle, this can lead to serious accidents. Some examples of manual distractions include texting, eating, drinking, and changing the radio station.
Cognitive Distractions
Cognitive distractions are those that take your mind off the road. They distract drivers mentally so they cannot focus on the road. They may include having conversations with passengers, talking on the phone, texting, tending to pets or children, daydreaming, or thinking about stressful situations or other happenings in your life.
An Ocala distracted driving accident lawyer will use evidence to identify and prove the type of distraction that caused your accident.
Contact an Ocala Distracted Driving Accidents Attorney Today
Distracted driving is a serious issue, with texting and driving an especially dangerous situation among teens and young adults. It’s important for drivers to stay in control while behind the wheel so they don’t cause major car accidents. Unfortunately, distracted drivers shirk this responsibility and cause accidents daily. If a driver failed to follow the law and you were injured as a result, you have rights under Florida law.
If you have been involved in a distracted driving accident, the personal injury attorneys at Meldon Law can guide you through the process. Our Ocala distracted driving lawyers offer aggressive representation so you get maximum recovery. Schedule a consultation with us today by calling (352) 373-8000.
