Despite being illegal in Florida, cell phone use while driving still causes an alarming number of car crashes. In 2022, cell phone use contributed to up to 12% of all car accidents. This dangerous practice led to property damage, serious injuries, and, sadly, losses of life.
Fort Lauderdale car accident lawyers can help victims of distracted driving car accidents pursue financial recovery. Many will represent injury victims and their families at no out-of-pocket costs. If you or a loved one was injured, they can help you recover your medical bills, lost wages, pain and suffering, and more.
Understanding How Many Car Crashes are Caused by Cell Phones
Cell phones are an everyday part of our society that can create a sense of urgency, immediacy, and always-available-ness. Using a cell phone in any way creates a driver distraction with dangerous possibilities.
According to National Highway Traffic Safety Administration (NHTSA) data, cell phone use can:
- Avert a driver’s attention from the safe operation of their vehicle
- Create a distraction equal to the length of a football field
Any distraction—internal or external—is a safety risk and can lead to a collision. In turn, they can create car accident cases with a basis for financial recovery since the driver using their phone was negligent.
Cell Phones Can Distract Drivers in More Ways Than You Might Think
Today’s smartphones are like having multiple devices in your hand at one time. While they make good tools for travel and for everyday life, they also offer numerous ways for a driver to become distracted, including:
- Reading and responding to text messages
- Browsing and posting on social media sites
- Talking on a phone being held to your ear
- Engrossing conversations using earbuds
- Looking for and reaching for a cell phone
A Fort Lauderdale distracted driving lawyer will conduct a thorough investigation into the accident. They typically bring a pool of resources to an injury claim that can get to the bottom of the exact distraction and document the negligent driving that allows you to pursue damages.
Understanding by User Age
According to Centers for Disease Control and Prevention (CDC) statistics, teen and young adult drivers (15 to 20 years old) are at an increased risk of distracted driving. In Florida, efforts to combat cell phone use while driving due to how many accidents are caused by phones include Put It Down: Focus On Driving, a program requiring drivers to “put their phones down and focus on driving”.
How Car Accident Lawyers Prove Negligence in Cell Phone Distraction Cases
The at-fault driver’s insurance company will want proof that their policyholder’s actions caused the accident and proof of its costs. You can create a case file that proves the legal elements of negligence:
- Duty of care: The responsibility of each driver to all others on the road
- Breach of duty: Cell phone usage that diverts a driver’s attention
- Causation: Proof that the use of a cell phone caused the accident
- Damages: Proof of the accident victim’s financial expenses and losses
These elements of negligence constitute a personal injury claim. When all are met, they entitle you to pursue the at-fault driver—the driver whose phone use caused the accident—for damages.
Evidence That Establishes Your Right to Compensation
Evidence plays a crucial role in telling the story of the accident and establishing your right to compensation. Its role is also to substantiate the value of your recoverable damages.
The evidence your legal team collects can include:
- Official Police Report
- Cell phone records
- Witness statements
- Accident scene photos
- Traffic and dashcam footage
- Accident reconstruction
- Salary history records
Your lawyer may also collect data on the percentage of accidents caused by cell phone use. They will collect it along with all the evidence needed to substantiate your claim and fight for the financial compensation you need and deserve
Compensation for Car Accident Cases Involving Cell Phone Distractions
Car accident victims can recover multiple types of damages after a negligence-based accident. Recoverable economic damages typically start with medical bills and also include:
- Past and future lost wages
- Loss of future earning ability
- Property damage or loss
- Diminished property value
Recoverable non-economic damages are intangible and can be difficult to document on your own. They include non-financial damages like:
- Physical disability
- Physical disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Diminished quality of life
Families who lost a loved one in a Florida fatal car accident caused by distracted driving may be entitled to recover wrongful death damages, including:
- Funeral and burial expenses
- Loss of the decedent’s income
- Loss of their household contributions
- Loss of consortium and guidance
- Loss of companionship and care
A lawyer will assess the damages you are entitled to recover. They will also clarify who is eligible to file a personal injury lawsuit or wrongful death claim and who can recover the resulting financial compensation.
The Benefits of Hiring a Car Accident Attorney for Your Distracted Driving Claim
Like all civil lawsuits, car accident cases have a state-imposed filing deadline. According to Florida Statutes § 95.11, you generally have two years to comply with the personal injury or wrongful death statute of limitations.
Failure to comply with the applicable filing deadline could mean you cannot file your lawsuit at all, or the insurance company will stop negotiating. Either outcome could leave you with no legal recourse. A car accident lawyer can help you avoid this loss by filing your lawsuit within the allotted time.
Trust Our Attorneys to Provide Legal Support for Your Car Accident Case
If you or someone you love was injured in a recent accident caused by a distracted driver using their mobile phone, our car accident attorneys will fight for your financial recovery. We take on the insurance company for you and provide responsive and prompt communication right from the start.
Find out how hard our caring and attentive staff will fight for you. Contact our consultation team at the Law Offices of Wolf & Pravato to get started today.
