Distracted Driving Accident Attorneys in Miami
Most people don’t view driving as a difficult task because it’s a task that is done by millions of Americans every day. However, the truth is that safe driving actually requires a lot of attention and focus. Unfortunately, many people don’t focus on the task at hand when behind the wheel, which can result in motor vehicle accidents at the hand of an unsafe or distracted driver. If you are involved in an accident with a distracted driver, it’s important to contact distracted driving accident attorneys in Miami for assistance. Our legal professionals at the Durham Law Group can review the facts of your case and help you recover compensation.
According to information from the NHTSA (National Highway Traffic Safety Administration), there were 2,841 fatalities that contributed to distracted drivers. Victims of the accidents include other drivers, passengers, cyclists, and pedestrians. However, one of the riskiest behaviors occurs when a driver texts while behind the wheel.
In the state of Florida, there are three categories of distracted driving. These include visual, manual, and cognitive distractions. When you text, all three types of distractions occur. This makes texting and driving one of the most dangerous things that drivers can do while behind the wheel. These accidents result in serious injuries and fatalities all the time. You need an attorney if you are involved in this type of accident since the at-fault party will likely have legal representation helping with a Miami distracted driving defense.
Even though most drivers know that texting and driving are dangerous, a vast majority of people still engage in this dangerous behavior. When they do, they risk other people on the road. If you experienced an accident and injury due to a distracted driver, get in touch with distracted driving accident attorneys in Miami to discuss your case and needs.
Filing a Distracted Driving Negligence Claim in Miami
In the state of Florida, texting and driving is an illegal offense. The state has recently updated the statute making this a primary offense; a primary offense means that law enforcement officials can now pull you over if you are seen distracted by an electronic device. Specifically, it means that it’s possible for the police to pull a driver over for texting and driving. In the past, texting and driving were considered a secondary offense, where officers could only cite a driver for texting if they were pulled over for a different offense. Today, there is also a complete ban on the use of handheld devices in all work and school zones across the state of Florida.
Florida law has recognized that everyone on the road is at risk when even one driver is distracted. If you are in an accident and injured by a distracted driver, you likely need to figure out how you can recover from your losses. This is when hiring distracted driving accident lawyers in Miami is recommended.
Negligence claims filed by distracted driving accident attorneys in Miami on your behalf involve a situation where someone is injured because someone else didn’t act safely. Usually, a car accident claim will be based on negligence. It’s up to the plaintiff (the accident victim) to show that the at-fault driver owed them a duty of care, that the duty was breached, that the victim was injured, and that the injury was caused by the breach of duty. The at-fault party will likely have an attorney helping them build a Miami distracted driving defense, which is why you need to have distracted driving accident lawyers in Miami working on your case.
In some situations, like those where the at-fault driver has violated the law, the plaintiff may be able to easily prove negligence. One example would be if the driver who caused the accident was texting when the accident occurred, then they would be breaking the law. If someone violates a safety-related statute in Florida and the violation results in an injury, the law will make it easier for the victim to prove their case.
Keep in mind, though cases of distracted driving involve more than just texting and driving. Other actions that are considered “distractions” include managing pets, talking to passengers, eating, or grooming. Any available evidence of a distraction can be used by your distracted driving accident attorneys in Miami to file a claim to help you recover compensation.
Proving the At-Fault Driver Was Distracted When Your Accident Occurred
When trying to pursue a negligence claim against a Florida driver, you must show evidence of negligence. If a driver is drunk, then chemical tests can be used to show this. If the at-fault driver ran a red light or a stop sign, then witness testimony can be used to confirm your version of the accident.
In some situations, a driver who caused your accident won’t admit they were distracted when the incident occurred. Instead, you must have evidence that shows the person was texting or distracted in some other way. In some situations, your distracted driving accident lawyers in Miami will be able to access the at-fault driver’s phone records, which can be used as evidence in your claim.
Don’t Wait to Hire Distracted Driving Accident Attorneys in Miami
If you are involved in an accident with a distracted driver, you need to act quickly to hire an attorney. The attorney you hire will be able to gather evidence, even if the at-fault party has a strong Miami distracted driving defense. You must prove negligence to receive compensation, and having an attorney on your side will help to make this process easier. The attorney understands the claims process and will work with you to ensure that you get the full amount of compensation you deserve. Don’t leave compensation to chance. Let our attorneys at the Durham Law Group help you each step of the way to ensure you get full compensation for your losses and injuries. Contact the Durham Law Group Miami office today at 305-913-8913.