Distracted driving occurs by taking your mind off your driving, your eyes off the road, or your hands off the wheel. The National Highway Traffic Safety Association categorizes distracted driving according to manual, visual, or cognitive distractions. The Florida Highway Safety and Motor Vehicles report that distracted driving accounts for more than 50,000 accidents per year in Florida. Persons injured in a crash caused by distracted driving or having a close family member killed have every right to pursue total compensation for their losses.
Distracted driving did not begin with the digital age. There are still older forms such as drinking coffee, managing pets or children, eating, applying makeup, or changing radio stations while driving. However, technological advances such as digital devices have added an entirely new element of danger to driving. Consequently, Florida Statute 316.305, which took effect in 2019, was enacted to allow law enforcement officers to stop motorists and issue citations for texting and driving. It includes all wireless devices connected to the internet, such as cell phones, laptops, and electronic digital games. This law requires drivers to focus on their driving, not their smartphones.
We Fight for Economic and Non-Economic Damages
At Alba & Straile PLLC, we are experienced personal injury lawyers who will provide the strong advocacy you need to assert your legal rights. With more than three decades of collective experience in personal injury and criminal law, Attorneys Gilbert J. Alba and Christian A. Straile can achieve the maximum potential recovery for victims of distracted driving. They have the experience and the resources to meet the burden of proof during a claim.
A personal injury claim for economic and non-economic compensation can cover current and future medical bills, the cost of rehabilitation, property losses, loss of earnings, pain and suffering, and more. For those who have lost a loved one due to the negligence of a distracted driver, financial recovery can provide stability for the family during a difficult time. In cases of distracted driving in which the driver’s actions are particularly egregious, a plaintiff may be awarded punitive damages.
Proving Negligence in a Distracted Driving Case involves:
- Interviewing eyewitnesses
- Analyzing the scene of the accident
- Accessing the driver’s cell phone records
- Reviewing law enforcement reports and medical records
- Hiring accident reconstruction experts
- Viewing video surveillance footage, photographs, cell phone videos of bystanders
Employers can be held liable for Distracted Driving
It is common practice for business to be conducted by workers while they are on the road. Subsequently, many business decisions happen on cell phones, increasing the chances of negligent driving. Under Florida law, when a distracted driver causes an accident while acting in the scope of their employment, the injured party may have a case against the employer. The employer can be at fault for vicarious liability due to negligent hiring, retaining an employee with poor driving history, or other matters. Even when they are not driving a company vehicle, employers might be held responsible. Both the driver and the employer can be named as defendants.
Contact our Experienced Distracted Driving Attorneys
At Alba & Straile PLLC, we compile and evaluate all the evidence to ensure that your legal rights are protected. We have extensive litigation and insurance dispute experience and are adept at negotiating and challenging insurance carriers. We know their tactics to avoid paying out claims and hold them accountable to get our clients the fair settlement they deserve. Our legal team identifies and calculates the damages with experts and is always ready to take a case to trial. Let us build a case for the compensation you need to move forward with your life.
Take action today and call Alba & Straile PLLC at (352) 371-9141 to arrange a free consultation. We will give you a comprehensive and honest assessment of the strength of your case and how we can pursue the compensation you deserve. We pride ourselves on providing legal services with compassion, attention to detail, and ease of attorney accessibility. We represent clients throughout Florida from our offices in Gainesville, Florida. Contact us today.