Distracted driving is one of the biggest problems on any road in America, and Florida is no exception. Only Louisiana holds a worse distracted driving record than Florida. Here on Miami’s chaotic roads, that statistic remains true. Tourists speed from the city to the beach. Local commuters move in and out all day. Thus, distracted driving often comes into play. When distracted driving causes a car accident, victims suffer life-changing physical and emotional distress.
Don’t let another person’s recklessness and negligence ruin your life. If distracted driving causes your car accident, reach out to a Miami personal injury lawyer from Accident Lawyers MIA. Our small firm deals out big results by offering over twenty years of expertise. We will fight for you and your family to win the compensation you deserve.
Florida Distracted Driving Facts
The National Highway Traffic Safety Association (NHTSA) dictates that distracted drivers are 23 times more likely to end up in car accidents. In 2018, there were 402,592 crashes on Florida roads. Of these accidents,166,881 caused injury and 2,958 caused death. Many of these accidents were caused by distracted driving. In 2016, almost 50,000 crashes involved distracted driving. These accidents caused 3,500 serious injuries and 233 deaths.
The Florida Department of Transportation has begun to combat these troubling numbers by adding new laws. This legislation will regulate the use of handheld devices and other distractions for drivers.
When a Miami personal injury lawyer investigates a case for their client, they will look for evidence of distracted driving. If the lawyer finds evidence that the driver did not focus on driving, therefore causing the accident, victims may win more compensation for their injuries.
Common Driving Distractions
When it comes to distracted driving, many people think of a cell phone or falling asleep behind the wheel. However, the situation can be much more simple. For instance, a driver may become distracted if they:
- Use the climate controls in their vehicle.
- Turn their head to speak with a passenger next to them or behind them.
- Attempt to investigate or fix a problem with the vehicle while the vehicle is still in motion.
- Eat a meal or snack.
- Become emotional and show extreme sadness or anger.
- Reach for a drink.
- Become lost in thought.
- Stare at a single spot ahead of them.
- Apply makeup.
- Watch an event that is occurring outside of the vehicle.
- Groom their hair.
- Brush their teeth.
- Smoke.
- Change clothes/shoes.
- Email on a handheld device.
- Use the vehicle’s entertainment system, like changing a radio station or selecting another entertainment option.
- Talk on a cell phone.
- Check or change the navigation system in the vehicle.
- Text.
- Multi-task in any way.
These actions, and more, fall under one of three categories of distracted driving. These categories are
- Manual distraction, or when a driver takes their hands off of the wheel
- Visual distraction, that is, when a driver takes their eyes away from the road
- Cognitive distraction, or when a driver takes their mind off of the task at hand
Any of these distracted driving actions can cause serious injury, if not death. If you suspect that a distracted driver caused your injuries, let your personal injury lawyer know right away. This information may help your lawyer build an effective, strong case.
Florida Distracted Driving Laws
Cell phones are one of the most notorious distractions while driving. In some states, legislation banned the use of cell phones and other handheld electronic devices for drivers entirely. This is not the case in Florida.
On July 1, 2019, the new Wireless Communications While Driving Law (section 316.305) took effect. This law requires all drivers in Florida to put down their phones while operating a vehicle to focus on driving. On October 1, 2019, the second part of the law went into effect. This allowed law enforcement to pull over motorists for texting and driving in work or school zones. In 2020, law enforcement will be able to issue citations for those failing to use a cell phone in a hand-held manner in work or school zones. So, it is still legal to talk on the phone while driving in Florida. However, it is not legal to manually type multiple letters, numbers, or symbols into a handheld electronic device.
Averting your eyes 5 seconds while travelling at 55 miles per hour is just like closing your eyes and running across an entire football field. Any driver on Florida roads has seen someone driving with their eyes glued to their phone. These drivers tend to slam on their brakes to avoid an accident, blow through stop lights, and merge lanes closely to other vehicles. These distracted drivers risk their own life and the lives of those around them. Do not become of these drivers, either. Make a life saving choice and put your phone down while driving.
A Note for Teenagers
Who hasn’t seen a teenaged driver rolling around town with their friends? Music blaring, they may be chatting, drinking, eating, and sometimes smoking. Teenagers are usually very socially active, as well as inexperienced. Both of these attributes can lead to distracted driving, and therefore, accident and injury.
It’s no secret that teenagers are often involved in car accidents. In fact, they make up one of the highest risk groups of drivers on Florida roads. In recent years, teenagers were involved in 63,591 in Florida alone. Ultimately, car accidents are the leading cause of death for teenagers. These accidents were caused by speeding, alcohol and drugs, and distracted driving.
In order to keep your teenager from being a distracted driving statistic, keep communication open. Learn about the different laws that affect your child’s driver’s license. Talk to your teen about drugs and alcohol. Remind them often of the dangers of distracted driving. Finally, be a good role model. Put your phone away when you drive. Ride along with your teen and encourage them to use safe practices when they are behind the wheel.
Distracted Driving and You
Distracted driving can affect you any time you enter the roadway. To avoid accidents, injury, and possible death, you need to know how to avoid distracted drivers. You also need to know how to avoid becoming one yourself. Check out these tips on how to keep Florida roads safe from distracted driving accidents.
How Can I Avoid Being a Distracted Driver?
No one wants to be in a car accident. Moreover, no one wants to be the cause of a car accident. You can do your part by following best driving practices.
To avoid distraction driving on your morning commute, plan out your day. A lot of distraction comes from rushing around in the morning. So, plan your day the night before and set an alarm to make sure you wake up on time. Then, eat a filling, healthy breakfast. This will keep you focused and awake. Next, pack your belongings before you head out your door.
When you get to your vehicle, make sure you buckle up. Then, set your radio station or choice of music. Choose music that will keep you alert and happy. If you need to use a GPS when you travel, set it before you pull away.
As you drive, keep your eyes moving. Do not let your eyes or thoughts stray from the road and other factors. Remain vigilant as you drive, and pay attention to where other cars are located.
When you arrive at your destination, do not immediately swing your door open. Turn your vehicle off. Then, check around the vehicle before opening the door and disembarking. These tips and tricks to avoid distracted driving may help you avoid a car accident.
Signs of Distracted Driving
When travelling, you want you and your family to feel safe and secure. So, watch for the telltale signs of distracted driving. Sometimes, these signs are not obvious. When you are driving, watch out for a car that may be:
- Driving too slow.
- Driving too fast.
- Swerving back and forth.
- Straddling lanes.
- Cutting off other vehicles.
- Driving erratically.
If you do see a vehicle doing any of these things, stay far away from them. If possible, merge away from them. Pass them if you determine that it is safe to do so. Take note of their license plate, and repeat it in your head until it is memorized. When you return home, write down the license plate number.
When passing a vehicle, you may note distracted driving inside the vehicle as well. If you notice the driver is visibly upset, doing makeup, eating, or has their phone out, stay far away.
At Accident Lawyers MIA, personal injury law is our passion. Thus, we are available 24/7 to support our clients. We want you to stay safe on Florida roads. So, if you find yourself hurt in an accident, give a Miami personal injury lawyer a call at (305) 363-7855.
What Happens If A Distracted Driver Hits Me?
If a distracted driver hits you, follow the necessary steps to ensure a strong personal injury case. If you did not suffer an injury, get out of the vehicle as soon as possible. Call 911 to report any injuries and damages. Then, begin taking pictures and collecting evidence from the crash. After obtaining any medical help you may need, continue to collect evidence. This includes medical bills, the statement you gave police, and anything else that may contribute to your personal injury case. Keep a journal of notes from the accident. Write down how you feel each day following the accident. Also, take note of observations you may have made before, during, and after the accident. For instance, did you
- Observe the other vehicle moving erratically?
- Notice the vehicle travelling at an unusual speed?
- Witness the other driver using a handheld device while operating the vehicle?
- Note if the accident happened in a work or school zone?
These examples are important to document. After the accident, you will want to hire a Miami personal injury lawyer to assist you with your case. Share all the evidence and documentation you have collected with them. Then, they will begin building your case.
Your Personal Injury Case
It is important to understand the legal jargon your Miami personal injury lawyer will use when working on your case. When distracted driving is involved, one often hears the terms “negligence” and “recklessness”.
The legal definition of negligence is the “failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person could not.” In layman’s terms, this means a person is negligent when they act in a way that may cause harm, or fail to act entirely, causing harm to another.
A person shows recklessness when they know their actions may cause harm, but they continue with the action.
When another driver is distracted, they run the risk of being negligent or reckless towards their fellow drivers on the roadway. Florida is a “no-fault” state, which means that no matter what caused your accident, both drivers must file their claims with their own insurance before seeking compensation elsewhere. Your Miami personal injury lawyer will help you understand the specifics. If it is determined that a driver was exhibiting negligent or reckless behavior and an accident occurred, a personal injury lawyer may be able to prove they were liable for the accident. This allows victims and their families to receive compensation.
The Miami Personal Injury Lawyers at Accident Lawyers MIA
At Accident Lawyers MIA, we offer quality work with outstanding results. We are locally known for our excellent customer service and passion for helping our clients. Call us at (305)-680-5161 for a free consultation. You can also visit our office at 2151 S. Le Jeune Road Suite 305. Even though we are a small firm, we offer big results. Plus, there is absolutely no risk. You don’t give us a penny until we win we your case. Give us a call today!
