The roads in Florida can be chaotic, and all manner of accidents happen every day. Crashes occur for several reasons, which are challenging to establish. But if you are keen enough and ask for expert guidance, you might uncover the real cause of the accident that resulted in your injuries.
Personal injury lawyers in Miami possess the resources to conduct thorough investigations of the accidents that caused their clients’ injuries. They also collaborate with a team of experts that can connect the dots and make credible conclusions. Importantly, they could tell whether the accident was an ordinary crash or a result of driver distractions.
Is Distracted Driving Worse than Drunk Driving?
What might seem like some quick texting or quickly fiddling with the stereo can be more dangerous than most drivers think. For instance, engaging in a distracting activity for just five (5) seconds while moving at 55 mph is similar to driving the length of an entire football field with eyes closed. A lot can happen in those few seconds; a child or an animal might suddenly run into the road, or dangerous objects could fall on your path.
And contrary to the beliefs of many, drunk driving isn’t as dangerous as distracted driving. Both jeopardize the safety of road users, but the distracted driver is six times more likely to cause an accident. Victims of what has become a common cause of these accidents can seek compensation with the help of a skilled Miami distracted driving accident attorney.
How Can a Victim Tell if it was a Distracted Driver Accident or Not?
It might be challenging to tell if the driver that caused your injuries was distracted or if it was any other type of crash. However, eye witnesses might have seen the driver taking his eyes momentarily off the road. Thus, it is important to take the contacts of such witnesses because you might need their statements later.
Seasoned Miami distracted driving accidents attorneys can seek further evidence to prove that indeed the driver was distracted. For instance, they could find the driver’s phone records to show that they were using their phones moments before the accident. The vehicle occupants could also be excellent witnesses if you can’t locate any other person at the accident scene.
How Does Liability in Distracted Driving Crashes Differ from Liability in Other Accidents?
Liability in most other accidents usually falls on car manufacturers, makers of spare parts, the local government, or the driver themselves. Drunk drivers also take liability if the accident was purely out of impaired decision-making resulting from intoxication. On the other hand, distracted drivers are solely to blame unless there are other contributors to the crash.
Employers that require their drivers to use their phones while behind the wheel might also take liability for accidents caused by the distraction. A parent could also be held responsible if they knew or should have known that their minor was engaging in distracted driving. Experienced Miami distracted driving accidents attorneys can help victims of such crashes establish who the liable parties are.
How Different Do Accidents Occur When the Driver is Distracted and When She/He’s Not?
Accidents, when the driver is not distracted, might be unavoidable, especially when they result from aspects beyond them. For instance, a driver cannot control a faulty design or car part. But when the person behind the wheels is distracted, there might have been a lot they could have done to prevent a crash.
This happens when the driver makes a turn at high speeds or makes a sudden maneuver to evade something, following a momentary distraction. Rollovers in other accidents could result from design issues that might have compromised the car’s stability.
Distractions can cause drivers to veer off their path and collide head-on with cars from the oncoming traffic. In other accidents, the vehicle might have lost control before colliding head-on.
When drivers are distracted, they might not notice the traffic slowing down. Failure to stop on time can result in a rear-end collision. If the driver is not distracted, these accidents could result from malfunctioning brakes.
When a driver’s mind is focused on other things, they might overlook debris or a traffic situation and crash multiple vehicles. Multi-car pile-ups without distraction could result from weather conditions that hinder visibility.
Distractions could hinder a driver from noticing road signs, resulting in T-bone accidents. Similar accidents without distractions usually result from mechanical and brake failures.
If you are injured from such accidents, experienced Miami distracted driving accidents attorneys can help you recover compensation.
What Laws Can One Use to Take Legal Action in Different Accidents?
Section 316.305 forbids drivers from manually typing anything on a wireless device. They also cannot speak on the phone in active work or school zones unless they use a hands-free device. It also gives the police authority to stop anyone engaging in distracting behaviors while driving. So, accidents rooting from such can be brought to court on those grounds.
Other accidents might be based on the duty of care principle. Manufacturers of vehicles and spare parts are obliged to only release products that are safe for users. Local governments are also required to ensure that the roads guarantee the safety of road users. Thus, personal injury lawsuits in such accidents could be brought on this basis.
Attorneys Using Their Years of Experience to Get Clients Maximum Compensation
Accidents from distracted driving are different from other types of accidents. They can be fatal and impact the rest of your life. Unfortunately, compensation for medical bills, cost of repairs, and lost wages are not automatic.
A legal expert has to aggressively prove fault and fight for just compensation. Speak to our lawyers as soon as you get into an accident in Miami.