Distracted driving endangers everyone on the road. According to the Department of Transportation, distracted driving claimed 3,522 lives in 2021. We wish we could say we were surprised. Everyday life has become so hectic that, unfortunately, some of the most common distractions have followed people into their cars. Cell phones, GPS devices, children, and pets all may take a driver’s eyes off the road—and tragedy can result.
If you were hurt by a distracted driver, you might have a valid legal claim for compensation. Don’t become distracted yourself. Instead, reach out to Hersh Kirtman Injury Law today to schedule a free consultation with one of our attorneys to learn how we can help.
Why Distractions Are So Dangerous
Driving is a complicated activity requiring motor control, sound judgment, and accurate vision. Vehicles are traveling so fast that they can travel the length of a football field during the few seconds a person spends taking their eyes off the road.
Unfortunately, many distractions keep people from paying attention. Perhaps the most common is the cell phone. Sending, reading, or composing text messages removes a hand from the wheel and both eyes from the road. Even using a “hands free” device can distract a driver to the point that she doesn’t even see a pedestrian in a crosswalk or a vehicle stopped in front at a red light.
Distracted driving includes any activity that diverts a driver’s attention away from the roadway. There are many types of distractions that can impair drivers:
- Visual distraction. Looking at something takes your eyes off the road, increasing the odds of hitting someone or something.
- Cognitive distraction. Even with both eyes on the road, a person’s mind could be focused on something else—possibly a conversation the person had. Indeed, studies have shown that motorists can remain distracted for up to 27 seconds after using their phones
- Manual distraction. Removing a hand from the wheel can impede a person’s ability to take defensive action if necessary. Holding a cell phone, cup of coffee, cup of soup, and other items can increase the odds of a crash.
Distracted driving is so dangerous that Florida has banned texting while driving, Fla. Stat. § 316.305. However, texting is only one source of distraction and drivers continue to text while driving despite this law.
Receiving Compensation for Your Injuries
A distracted driver can crash into another motorist or a pedestrian and cause serious injuries. Our clients have needed extensive medical care, including sometimes surgery, to recover. Others have tragically died as the result of distracted drivers.
In a personal injury lawsuit, our team can seek compensation for medical care to treat your injuries and recover money to replace lost wages if you missed work during your recovery. We can also seek to recover money damages for pain and suffering, along with other intangible losses, if you suffered a permanent injury as a result of a crash with a distracted driver. Any damage to your vehicle should also be compensated, including replacing your vehicle if it is totaled.
To obtain compensation, however, we need to show the driver was distracted. To do so, evidence is key. This is because drivers who caused a crash because of distracted driving typically do not admit that they were distracted at the time of the accident. Following a crash, it is imperative to investigate the crash to determine whether distracted driving played a role in the accident. As part of that investigation, it is important to identify potential sources of distraction, such as cell phones, computers, or other technology. During the case, understanding the importance of collecting all evidence demonstrating distraction, Hersh Kirtman Injury Law may subpoena the negligent driver’s cell phone records or seek a forensic inspection of other devices, which may show the driver was on the phone or using other technology when the crash occurred.
Schedule a free consultation with us to review how much your claim might be worth.
Contact Hersh Kirtman Injury Law Today
One of our Boca Raton distracted driving lawyers is standing by to review your case and analyze whether you can obtain compensation from the at-fault driver. Contact us today to schedule a meeting.
