Distracted driving accidents in Miami, FL, are extremely common. If you were hurt, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. A Miami car accident lawyer at Shaked Law Personal Injury Lawyers can help you fight for the fair compensation you deserve.
We’ve been helping accident victims in South Florida since 2007. Indeed, our personal injury lawyers have recovered tens of millions of dollars to help our clients get their lives back on track.
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How Shaked Law Personal Injury Lawyers Can Help After a Distracted Driving Accident in Miami
Distracted driving creates a risk for everyone on the road. Drivers should have their full attention on the roads when they choose to get behind the wheel. Unfortunately, that’s not always the case. If you are injured, our seasoned Miami car accident lawyers can help you hold the distracted driver accountable for your damages.
However, the insurance company won’t always be quick to believe that distracted driving caused your accident. The driver may even deny responsibility. Fortunately, our lawyers at Shaked Law Personal Injury Lawyers have over 100 years of experience between us. Our Florida board-certified trial lawyers have seen cases like yours time and time again–and we know how to win.
That means we will help you to:
- Investigate to prove what caused your crash
- Work with experts and specialists who can offer guidance
- Defend you if the insurance company blames you for the accident
- Negotiate to maximize your insurance settlement
How Common Are Distracted Driving Accidents in Miami?
According to the National Highway Traffic Safety Administration, 3,142 Americans lost their lives because of distracted drivers in 2019.
Florida residents should be especially worried about distracted driving accidents. A recent study reported that Florida is the second-worst state in the nation when it comes to distracted driving.
In 2020, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported the following statistics:
- 48,537 motor vehicle accidents involved distracted driving
- 2,756 people were seriously injured in distracted driving accidents
- Distracted driving accidents cause 308 fatalities
Florida law enforcement officials have issued nearly 4,000 distracted driving tickets since the new state ban on texting behind the wheel became effective in July of 2019.
What is My Miami Distracted Driving Accident Case Worth?
Putting a dollar value on an injury is always a difficult task–yet it’s critical to know what your personal injury case is worth before taking a settlement offer.
To begin, we’ll add up all of your past and current expenses. We’ll also work with your doctors and medical experts to estimate the cost and duration of your future medical treatment.
Additional relevant factors may include:
- How you’ve suffered emotionally
- Whether you’ll suffer a permanent disability
- How your daily life has changed
- Whether liability has been clearly established
- Whether shared fault is an issue
Valuation is a complex issue. You don’t have to let the insurance company tell you what your case is worth. For more information about how a lawyer can help, give us a quick call for a free case review and create an attorney-client relationship today.
What Types of Damages Are Available to Distracted Driving Accident Victims in Florida?
At Shaked Law Personal Injury Lawyers, our legal team will identify and value all of the damages you’re entitled to receive. Florida personal injury laws classify compensatory damages as either economic or non-economic.
Economic damages reimburse you for any out-of-pocket costs, including:
- Past and future medical expenses
- Lost wages
- Reduced earning potential
- Physical therapy
- Property damage
Non-economic damages “reimburse” victims for non-financial losses. Examples of those non-financial losses may include:
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Anxiety and depression
- Loss of consortium
Once we identify all of your damages, we’ll work to translate those losses into dollar value.
Can I Recover Damages If I’m Being Blamed for a Distracted Driving Accident in Florida?
You can recover damages as long as your apportioned fault is 50% or less. If your fault exceeds 50%, you’ll be barred from a financial recovery.
The insurance company will always look for a way to avoid paying after a crash. They might claim that your actions also contributed to the cause of the accident.
If they can prove it, your compensation can be reduced in proportion to your own share of fault – or prevented altogether. In other words, if you were 30% responsible, your settlement can be reduced by 30%. If you were 51% or more responsible for the crash, you cannot recover any compensation.
We’ll Fight to Recover Compensation for All of Your Miami Distracted Driving Accident Injuries
Thousands of people are seriously hurt in Florida distracted driving accidents each year. At Shaked Law Personal Injury Lawyers, our Miami distracted driving accident attorneys are here to stand up for your rights.
We often represent clients who have sustained:
- Whiplash injuries
- Broken bones
- Airbag injuries
- Brain injuries
- Seatbelt injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Organ damage
- Loss of limbs and amputations
- Catastrophic injuries
- Wrongful death of a loved one
We also provide legal representation if you have been involved in any type of car accident including:
- Chest injuries
- Defective tire accidents
- Drunk driving
- Head-on crashes
- Highway crashes
- Hit-and-run accidents
- I-95 accidents
- Intersection crashes
- Lane change accidents
- Left-turn crashes
- Multi-vehicle car crashes
- Parking lot accidents
- Rear-end accidents
- Red and yellow light accidents
- Rollover accidents
- Self-driving accidents
- Single vehicle accidents
- Speeding accidents
- SUV rollover accidents
- U-turn accidents
- Uninsured motorists claims
All drivers have a responsibility to others on the roads. That includes a duty to stay focused on driving when behind the wheel. If you or a loved one were injured because of a distracted driver, call to learn more about your right to compensation today.
What Counts as Distracted Driving in Miami, Florida?
Florida law now bans texting while driving. Under the new law, police can pull drivers over and issue tickets for texting behind the wheel as a primary offense.
Still, distracted driving remains a huge issue in Miami and Fort Lauderdale. There are three primary forms of driver distraction:
- Visual distraction, when the driver takes their eyes off the road
- Manual distraction, when the driver takes their hands off the wheel
- Cognitive distraction, when the driver is thinking about something other than driving
Any type of driver distraction can cause an accident. Some examples of common distractions include:
- Using smartphones and electronic devices
- Checking GPS devices
- Taking phone calls on a cell phone while driving
- Grooming or changing clothes
- Caring for a child
- Talking with a passenger
- Reaching for an object
- Eating or drinking
- Changing the radio
- Thinking about work or other issues
To successfully avoid traffic accidents, the driver needs time to react to the danger and avoid it. These and other distractions prevent that from happening. By the time the driver reacts, it’s too late to prevent a crash.
The Danger of Texting While Driving
Texting while driving is particularly dangerous because it involves all three forms of distraction. The driver must:
- Look down at the phone while texting
- Take their hands off the wheel to write the text
- Think about the text message instead of driving
It takes the entire length of a football field for a vehicle traveling at 50mph to stop. That’s true even if the driver is focused on the road. When considered that way, it’s no surprise that texting while driving is such a common cause of car crashes.
How Do I Prove Negligence After a Distracted Driving Accident in Florida?
Anyone who operates a vehicle in the state of Florida has a legal duty to others on the road. Drivers must exercise reasonable caution when driving to minimize the risk of accidents.
A driver who is distracted and causes an accident can be held financially liable based on negligence. To prove negligence, the accident victim must prove:
- A legal duty of care existed
- The driver was distracted and breached that duty of care
- The breach, or distractions, caused your accident
- You suffered injuries or other damage
You might suspect that the at-fault driver’s distraction caused your action. That doesn’t mean it’ll be easy to prove. Most of the time, a negligent driver won’t step up and admit responsibility.
Our lawyers at Shaked Law Personal Injury Lawyers know what it takes to build your case. We’ll locate and analyze all evidence, including:
- Police and accident reports
- Video surveillance footage
- Eyewitness statements
- Cell phone records
- Evidence from the accident scene
In some cases, we’ll hire accident reconstruction specialists who can help us better understand the more complex aspects of your case.
How Long Do I Have to File a Lawsuit After a Distracted Driving Accident in Florida?
You don’t have an unlimited amount of time to file a lawsuit. The statute of limitations in Florida is two years. Most victims must take legal action within two years of their accident or forfeit their right to seek compensation entirely.
The Florida statute of limitations historically gave victims four years to pursue legal action. However, the deadline was shortened by law on March 24, 2023. Thus, if your Miami distracted driving accident occurred after 3/24/23, you’ll be subject to the two-year deadline.
Wrongful death claims are also subject to a two-year statute of limitations.
Distracted Driving Accidents Are a Serious Problem. If You Were Hurt, Call a Car Crash Lawyer in Miami For a Free Consultation
Distracted driving accidents in Miami can happen in the blink of an eye. Call an experienced Miami car accident lawyer at Shaked Law Personal Injury Lawyers to learn more about your legal right to compensation today.
Additional Car Accident Resources
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- Miami, FL Car Accident FAQs
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- Questions To Ask a Lawyer After a Miami Car Accident
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Car Accident FAQs
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