Despite laws prohibiting cell phone use and other distractions behind the wheel, distracted driving still causes many accidents throughout Tampa. In fact, some say distracted driving has gotten worse over the years. Not only do people still use smartphones while driving, but they also have navigation systems, infotainment systems, and other components in their vehicles that take their attention from the road.
Although the level of driver distraction has increased, the duty vehicle drivers have to others remains the same. All drivers must behave responsibly while driving and pay attention to the task at hand. A distracted driver can easily cause a serious accident that severely injures or kills someone else.
If you suffered serious injuries or lost a close family member in a distracted driving accident in Tampa, you can hold the driver accountable and get the compensation you deserve.
Proving the other driver’s negligence and pursuing compensation require the skills and knowledge of an experienced Tampa distracted driving attorney.
The Tampa distracted driving lawyers at Apex Law have decades of combined personal injury law experience. We have helped many individuals and families throughout the Tampa region with their complex distracted driving accident claims. You can turn to us for a free evaluation of your case and advice regarding your options. Contact us today at (813) 444-5212 for your free case review.
Why Choose Apex Law for Your Tampa Distracted Driving Accident Claim
You have many choices of distracted driving attorneys in Tampa, but you want to choose the right fit for your case.
Some aspects to consider about Apex Law include:
- Experience. Our founding attorneys, Jeff Constantinos and Chris Castillo, have more than 20 years of collective experience, and we have successfully handled many distracted driving accident claims.
- Resources. We have the resources to handle your case efficiently, and we routinely use investigators, industry experts, and other professionals to thoroughly investigate your case and gather the necessary evidence to support claims.
- Reputation and reviews. Our lawyers have gained reputations as tenacious and fierce legal advocates who fight hard for our clients at all turns. We have received many awards and honors from our peers, along with dozens of five-star client reviews and compelling client testimonials.
- Personalized attention. You are our top priority at Apex Law, and you can count on us to take an active interest in your case and treat you with the care, respect, and compassion you deserve.
- Clear communication. We foster open communication with our clients, so you can reach out to us at any time for prompt answers to your questions and concerns. We will also update you regularly about your case.
What’s more, our Tampa injury law firm offers free consultations, and our lawyers work on a contingency fee basis. You won’t pay us anything to review your case or represent you, and we will only accept a fee if we win your case or recover compensation for you. Contact Apex Law for a free consultation concerning your Tampa distracted driving claim.
What Is Distracted Driving?
Distracted driving refers to any activity that diverts a driver's attention from the primary task of operating a vehicle safely. It involves engaging in activities that take the driver's focus off the road, hands off the steering wheel, and/or eyes off the traffic ahead. Distracted driving significantly increases the risk of accidents, injuries, and fatalities.
Common forms of distracted driving include:
- Texting and phone use. This includes texting, talking on the phone, checking emails, or using social media on a mobile device while driving.
- Visual distractions. These distractions occur when a driver takes their eyes off the road. It can include looking at a GPS device, reading a map, adjusting vehicle controls, or searching for items within the vehicle.
- Cognitive distractions. Cognitive distractions occur when a driver's mind does not focus on driving. Daydreaming, preoccupation with personal issues, or deep thoughts can impair driving performance.
- Manual distractions. These distractions involve taking one or both hands off the steering wheel. Examples include eating, drinking, grooming, reaching for objects, or adjusting entertainment systems.
Other distractions can include interacting with passengers, engaging in distracting conversations, watching videos, or focusing on external events or objects.
Distracted driving can have serious consequences. It impairs a driver's ability to recognize and react to road hazards, increases the risk of accidents, and endangers the lives of the driver, passengers, and other road users. To promote safe driving, drivers must minimize distractions and prioritize giving full attention to driving.
If a distracted driver injured you or killed a close family member in Tampa, contact our experienced distracted driving lawyers as soon as possible.
What Is Florida’s Distracted Driving Law?
Florida enacted the Wireless Communications While Driving Law in 2019.
It prohibits a driver from:
- Texting
- Instant messaging
- Emailing
- Entering multiple letters, numbers, or characters into a wireless communication device
- Reading or sending data through a wireless communication device
Certain exceptions exist, such as if the driver uses the device for emergencies or navigation. A violation may result in a noncriminal traffic citation.
How Common Is Distracted Driving in Florida?
The Florida Highway Safety and Motor Vehicles (FLHSMV) department reported more than 53,000 distracted driving accidents in the state in one year. Of those, 2,574 caused serious injuries, and 268 proved fatal. That same year, the Tampa area reported nearly 4,000 distracted driving accidents with 145 injuries and 17 fatalities.
Most distracted drivers are between 20 and 24 years old.
How Do I Prove a Distracted Driver Caused the Crash?
Proving that a distracted driver caused the crash that led to your injuries requires evidence that establishes a causal link between the driver's distraction and the accident.
When attempting to prove that a distracted driver was at fault, our car accident lawyers may:
- Gather witness statements. If you didn’t do so at the scene, we can speak with any witnesses who observed the accident or the behavior of the other driver leading up to the crash. Their testimony can provide valuable evidence regarding the driver's distraction.
- Collect physical evidence. If you didn’t already do so, we can photograph the accident scene, including any skid marks, vehicle damage, and road conditions. Such evidence can reconstruct the accident and support your distracted driving claim.
- Obtain cell phone records. If you suspect the driver’s phone use caused the crash, we can obtain their cell phone records. These records may indicate if the driver talked, texted, or engaged in other activities on their phone.
- Obtain video evidence, if available. This could include surveillance footage from nearby businesses, dashboard camera recordings, or footage from traffic cameras. Video evidence can provide visual proof of the driver's distraction.
- Request police reports. The police report about the accident may include information from the responding officer regarding the driver's distraction or any citations issued for distracted driving.
- Consult experts. In complex cases, we can consult accident reconstruction experts or forensic specialists. These professionals can analyze the evidence and provide expert opinions on how the distraction contributed to the accident.
Remember that the specific requirements for proving a distracted driver caused a crash may vary depending on the nature of the accident, the circumstances of the case, and the availability of evidence, among others. The process can overwhelm you, especially while you recover from your injuries, which is why you need to contact our experienced attorneys for help.
Why Do I Need an Attorney After a Distracted Driving Accident?
A legal professional with experience in distracted driving accidents will understand the specific legal requirements and strategies for proving your case.
Our lawyers can guide you through the legal process and offer many other benefits as well, including:
- Legal knowledge. Our experienced distracted driving attorneys understand the laws, regulations, and legal principles that apply to distracted driving accidents. We can navigate the legal complexities, explain your rights, and guide you throughout the process.
- Investigation and evidence gathering. Proving that a driver was distracted at the time of the accident requires a thorough investigation and collection of evidence. Our attorneys can conduct an in-depth investigation, and gather crucial evidence such as witness statements, police reports, cell phone records, and surveillance footage. They know how to obtain relevant evidence.
- Case building and negotiation. Our attorneys can build a strong case for you. They can analyze the evidence, assess the extent of your damages, and calculate a fair value for your claim. They can negotiate with insurance companies and the opposing party to seek a settlement that adequately compensates you for your losses.
- Legal advocacy and representation. Dealing with insurance companies, opposing attorneys, and the legal system can overwhelm anyone. Our attorney can advocate for you, protect your interests, and handle all legal communications and procedures for you. We will ensure that no one takes advantage of you and protect your best interests.
- Maximizing compensation. Insurance companies often try to minimize payouts to accident victims. Our experienced attorneys know how to build a strong case, present compelling arguments, and negotiate fair settlements. We can maximize the compensation you receive for medical expenses, property damage, lost income, pain and suffering, and other damages you may deserve.
- Representing you at trial. If our attorneys cannot obtain a fair settlement through negotiation, we can represent you in court. We can prepare your case for trial, present evidence, cross-examine witnesses, and argue on your behalf to seek a favorable verdict.
Having legal representation can significantly improve your chances of a successful outcome and protect your rights throughout the legal process.
How Long Do I Have to Pursue Compensation?
Florida allows you only two years from your injury to file a distracted driving lawsuit in civil court. While that may seem like enough time, your attorney will need to collect many forms of evidence and documentation, and the whole process can take time. You don’t have any time to waste. Contact our personal injury attorneys today and get started.
What Types of Compensation Can I Receive After a Distracted Driving Accident in Tampa?
The specific types and amount of compensation you can receive may depend on the severity of your injuries, the impact on your daily life, and the available insurance coverage.
Some common forms of compensation you can receive following a Tampa distracted driving accident include:
- Medical expenses. You could obtain compensation for the cost of medical treatment related to your injuries, including hospital bills, surgeries, medication, rehabilitation, and future medical expenses.
- Lost income. You may receive reimbursement for the income you lost due to your injuries, including missed work days, reduced work hours, or the inability to perform your job in the same capacity.
- Pain and suffering. You could pursue compensation for the physical pain, emotional distress, and mental anguish caused by the accident and your resulting injuries.
- Property damage. You could get reimbursed for the repair or replacement of your damaged vehicle or other personal property that the accident destroyed.
- Loss of earning capacity. If your injuries result in a long-term or permanent disability that affects your ability to earn income, you may receive compensation for the loss of future earning capacity.
- Rehabilitation and therapy costs. You could obtain compensation for expenses related to rehabilitation services, physical therapy, occupational therapy, and any necessary assistive devices or modifications to accommodate your injuries.
- Loss of consortium. If your injuries have significantly affected your relationship with your spouse or caused the loss of companionship, you may receive compensation for the loss of consortium.
To determine the compensation you could receive, consult our experienced personal injury attorneys in Tampa. We can help you understand the full extent of the compensation you may deserve and protect your rights during the claims process.
Contact an Experienced Tampa Distracted Driving Attorney Today
It’s unfortunate you had to suffer because of another driver’s inattention or negligence, and you shouldn’t bear the full costs of your injuries if somebody else’s negligence caused the accident. You deserve compensation for your expenses and losses, but you need an attorney on your side to improve your odds of getting the best possible outcome.
The Tampa distracted driving attorneys at Apex Law are here for you. We will evaluate your case for free and determine if you have a viable claim. If so, you can count on us to take each step of the way with you, and do all the legwork, and deal with the insurance companies so you don’t have to worry about it.
We will fight hard to protect your rights, hold the other driver accountable, and get the full and fair recovery you need.
Contact us today at (813) 444-5212 for your free consultation.