Gainesville Distracted Driving Accident Lawyer
Distracted driving puts everyone on the roads at risk. If you were hurt in a car accident caused by a distracted driver, you may be entitled to financial compensation.
At Allen Law Firm, P.A., our Gainesville distracted driving accident lawyers have been helping injury victims recover fair compensation for over 20 years. We offer a free consultation to all potential clients. Give us a call today to speak with an experienced attorney who can help.
How Can a Gainesville Personal Injury Lawyer Help If I Was Hurt in a Distracted Driving Accident?
Distracted driving is one of the most common causes of auto accidents across the U.S. A driver who is distracted is usually negligent. Distracted drivers have, by definition, failed to take reasonable steps to keep others on the road safe. Even if a distracted driving accident seems like a slam dunk, it isn’t always easy to get the full amount you deserve.
To pursue an injury claim, you have to negotiate with insurance companies. They’ll do everything they can to pay you less than your case is worth.
It can also be difficult to find solid proof in distracted driving accident cases. The distracted driver probably won’t want to accept responsibility for the crash. You need an experienced Gainesville personal injury lawyer who can greatly increase your chances of recovering the full and fair compensation you deserve.
At Allen Law Firm, P.A., we’ve been fighting for injured clients for more than two decades. We also have an advantage because we have experienced insurance industry professionals on our team.
When you hire our attorneys, you can expect a car accident lawyer who will:
- Launch a comprehensive investigation to find out what caused the crash
- Analyze witness statements, video footage, cell phone records, accident reports, and more
- Stand up for you if the insurance company tries to blame you for getting hurt
- Work with specialists and experts who can help fairly calculate what your case is worth
- Build a case that’s strong enough for court to convince the insurance company to negotiate fairly
No one wants a lengthy court battle–especially if they’ve just been hurt in an accident. At Allen Law Firm, P.A., our attorneys always prepare for court. That makes it more likely that the insurance company will play fair to avoid facing off against our respected personal injury team.
We’re always here to answer any of your questions. If you’re ready to learn more about how a distracted driving accident lawyer can help in your case, give our law office a call today.
Quick Statistics About the Dangers of Distracted Driving in Florida
According to the National Highway Traffic Safety Administration (NHTSA), 2,841 people were killed in distracted driving accidents during 2018.
Among those were:
- 1,730 drivers
- 605 passengers
- 400 pedestrians
- 77 bicyclists
These statistics are even more alarming when you consider the state-specific research. Florida is the second most dangerous state for distracted driving accidents in the country. In 2016 alone, there were more than 50,000 distracted driving accidents in Florida.
An estimated 1.6 million crashes are caused by texting and cell phone use each year. Although Florida law now bans texting while driving, distracted driving remains a serious issue across the state.
What is Distracted Driving?
Distracted driving is anything that takes the driver’s attention off driving. There are three main categories of driver distraction:
- Visual distraction
- Manual distraction
- Cognitive distraction
Motor vehicles can be dangerous. Any type of distracted driving can cause a crash. If you or a loved one were injured because someone else wasn’t paying attention, you deserve justice for your losses.
Drivers have a duty to pay attention to things that could cause an accident. Visual distraction happens when a driver takes their eyes off the road.
They might fail to see another vehicle, pedestrian, bicycle or even a road hazard.
Examples of visual distraction include:
- Looking at a phone, mobile devices or GPS device while driving
- Searching for something the driver dropped
- Turning around to look at a child or passenger in the back seat
- Reading a map
Drivers who are visually distracted are much less able to identify accident risks to prevent those accidents from happening.
NHTSA research shows that people take their eyes off the road for an average of five seconds to send a text. At 55 mph speeds, that’s the same as driving the entire length of a football field with your eyes closed.
Manual distraction happens when the driver removes their hands from the wheel. The driver is no longer fully in control of the vehicle when manually distracted. It can be impossible for a manually distracted driver to react properly to dangers on the road.
Examples of manual distraction include:
- Eating or drinking
- Applying makeup
- Digging through a purse or bag
- Helping a child adjust a seatbelt or locate a toy
Manual distraction can cause both multi-vehicle and single-vehicle crashes. After all, cars aren’t designed to navigate the roads without human direction.
Cognitive distractions are distractions that take the driver’s mind off the task of driving. Drivers should be focused on what’s happening around them. When a driver’s mind wanders, everyone on the road is put at risk.
Examples of cognitive distraction include:
- Focusing on a response to a text message
- Engaging in conversation with a passenger
- Thinking about work or their problems
- Driving under the influence of alcohol or drugs
By the time the driver notices the danger, it can be too late to avoid the accident.Texting while driving is particularly dangerous because it involves all three types of driver distraction. If you were hurt in an accident caused by someone who was texting, don’t hesitate to call our Gainesville office to learn more about your right to compensation.
Distracted Driving Accidents Cause Serious and Fatal Injuries Every Day
Our experienced personal injury attorneys at Allen Law Firm, P.A. will fight to get full compensation for all of your injuries.
We regularly help clients who have sustained:
- Traumatic brain injuries
- Head and neck injuries
- Spinal cord injuries
- Back injuries
- Whiplash injuries
- Chest injuries
- Broken bones
- Internal organ damage
- Severe burns
- Amputations and loss of limbs
- Catastrophic injuries
- Wrongful death of a loved one
If you’re still recovering from your injuries, you don’t have to worry. Our lawyers are available to come to you even if you can’t make it into the office.
Statute of Limitations in Florida Distracted Driving Accident Cases
The Florida statute of limitations gives distracted driving accident victims a limited time of either two or four years to file a personal injury lawsuit. The statute of limitations was recently changed in Florida for personal injury cases. If your car accident happened on 3/24/2023 or after, you will have two years to submit your lawsuit. If it happened prior to that date, you will have four years instead.
What Do I Need to Know About the Comparative Fault Rules in Gainesville?
Florida follows a modified comparative fault rule with a 51% bar to recovery. This is important, because the insurance company will almost always try to blame you for the accident. Multiple parties can share the blame under Florida law.
Even if you made a mistake, you don’t automatically lose your right to compensation. If you were hurt and someone else’s actions also caused the accident, you can still recover a percentage of your compensation award. That award can be reduced depending upon how much of the accident was your fault. As long as you aren’t found to be mostly to blame, you can still recover damages.
Distracted drivers are usually at least partly to blame. If you were speeding or made an illegal turn, you might also be partly to blame. Our lawyers will do everything we can to minimize your role in the accident so that you can get the most compensation possible.
What Types of Damages Are Available For Victims of Distracted Driving in Gainesville, FL
If you were hurt in a distracted driving accident, you can file a claim for damages (both economic and non-economic damages). Distracted drivers are responsible for paying all expenses related to the car accident. They’re also on the hook for the subjective costs of the crash–meaning things like pain and suffering.
At Allen Law Firm, P.A., we’ll retain respected experts to help calculate the value of your case. We’ll fight to get money for:
- Medical bills
- Lost wages
- Future out-of-pocket expenses
- Lost future earning capacity
- Physical therapy and rehab
- Long-term care
- Household services that you can’t complete because of your injuries
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
- Damages for wrongful death, including loss of consortium and financial support
If the accident involved a willful act, as in a drunk driving case, you might also be entitled to punitive damages. Punitive damages are rare in Florida, but they’re designed to punish the at-fault driver for wrongdoing.
Schedule a Free Consultation With Our Gainesville Car Crash Attorneys
Victims of distracted driving accidents often don’t know where to turn for help. You might suspect driver distraction, but can have a hard time getting the proof.
At Allen Law Firm, P.A., our experienced Gainesville distracted driving accident lawyers know how to approach these cases. We’ll do everything we can to win the fair compensation you need. All you have to do is call to arrange your free consultation.