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Distracted Driving Lawyer

Distracted driving remains an issue in our country: 3,166 people died in distracted driving-related crashes in 2019, representing 10% of all traffic deaths. Although that number is lower than the preceding year, it's still too high. If you have been injured in an accident caused by a distracted driver, contact a distracted driving lawyer at Heintz Law Firm today.  An experienced Sarasota car accident lawyer can help you get the compensation you deserve for your losses incurred due to someone's negligence. The personal injury attorneys at Heintz Law Firm are dedicated to helping victims of distracted driving accidents get the justice they deserve.

What Is Distracted Driving?

Distracted Driving Lawyer

Distracted driving is when a driver focuses on something other than the road while behind the wheel. It is a dangerous practice that puts not only those in the vehicle at risk but also pedestrians and other motorists. Common distractions include:

  • texting or talking on a cell phone
  • eating
  • drinking
  • adjusting settings on the radio or GPS
  • engaging in conversation with passengers
  • grooming
  • daydreaming.

Distracted driving often results in severe injury or even death due to its tendency to impair judgment and reduce reaction time. As such, it is strongly recommended that all drivers remain focused solely on their driving.

What Is The Frequency of Distracted Driving Accidents?

Distracted driving is a growing problem in the United States, with fatal crashes attributed to reckless driving and driver distraction on the rise. The National Safety Council has seen a fivefold increase in the amount of cognitive distractions due to cell phones while driving since 2000. On a daily basis, nine fatalities and more than 1,000 injuries are reported due to distracted driving incidents in the US. In 2016, 3,450 fatalities occurred due to distracted driving.

How Much Does a Distracted Driving Lawyer Cost?

We work on a contingency fee basis. A contingency fee is when we don’t get paid unless you get paid. We cover all the case expenses and only collect to cover those costs when we win a settlement for you. A contingency fee ensures we work hard for your case, and you don’t have even more out-of-pocket expenses. We offer contingency fees for other areas of practice, such as:

What are the Legal Implications of a Car Accident Caused by Distracted Driving?

When a distracted driving accident occurs, the legal ramifications can be severe. Depending on the severity of the accident, victims may be able to file a personal injury lawsuit against the driver who caused it. This type of lawsuit seeks to recover compensatory damages for any injuries or losses from the accident. Compensatory damages include medical bills, lost wages, and pain and suffering.Distracted driving is a serious public health concern in Florida. In 2017, more than 50,000 car crashes were attributed to distracted driving in our state alone.

At Heintz Law, we’ve been protecting the right of injured people for more than 30 years. Our attorneys understand that distracted driving cases demand attention during an investigation; we work hard to uncover every aspect of what went wrong.

If you’ve been in a crash, you need an attorney committed to uncovering the real cause of the accident.

Call our distracted driving attorneys for a free case consultation at 941-748-2916, or contact our law firm online.

What’s Considered Distracted Driving in Florida?

Distracted driving is any activity that diverts a driver’s attention away from the road; this includes:

  • Eating or drinking
  • Personal grooming
  • Tuning the stereo, entertainment, or navigation system
  • Talking to passengers; but particularly,
  • Talking or texting on the phone

Currently, it’s not a primary offense to use a cell phone to talk or text behind the wheel in Florida. Law enforcement can only write tickets for this behavior if the driver commits some other traffic violation (e.g., speeding, illegal turns, etc.).

However, this may change as Florida’s Legislature is considering making texting while driving a primary offense. That means police can pull you over and issue a ticket if you are caught texting and driving.

Sadly, teen drivers seem to have the hardest time putting down their devices. They’re four times more likely than adults to get into an accident while talking or texting on a cell phone.

For parents, keeping new drivers off the phone while driving can mean the difference between life and death.

Are You Entitled to Compensation?

Drivers who fail to abide Florida’s cell phone law have clearly failed to fulfill their duty to other drivers on the road, and they should be held responsible.

If you’re seriously injured or in the event you lose a family member because of another driver’s negligence, you may be entitled to compensation.

Compensation may include reimbursement for:

  • Medical bills
  • Lost wages / loss of earning potential
  • Disability
  • Pain and suffering
  • Wrongful death

A distracted driving lawsuit involves proving the other driver’s cell phone use directly caused or contributed to the crash. Specifically, proving the at-fault driver was distracted at the time of the crash can support a victim’s right to recovery.

If you have questions about a crash, call Heintz Law for answers. Call 941-748-2916 or contact us online.

Evidence Collection in the Digital Age

Evidence collection specific to car accidents has expanded considerably in the wake of wireless devices and the availability of mobile internet. In many cases, the information contained on a mobile device can be used against distracted drivers.

However, to collect the data on a cell phone, law enforcement must obtain a search warrant, subpoena, or other court order.

Incriminating cell phone data might include timestamps of electronic communications, social media posts, and phone call records.

Furthermore, event data recorders (EDRs), typically found in newer vehicles, provide detailed information about the driver’s actions leading up to a crash. EDRs record information like speed, acceleration patterns, and braking.

All forms of distracted driving are unsafe, but cell phone use is most common and often the most dangerous.

To protect yourself and your claim it’s best to follow the steps below in the event of a crash:

  • Call the police – a police report will become the official record of what happened.
  • Exchange information with other drivers – while it’s important to collect relevant information at the scene, do not discuss the details of the accident with other drivers.
  • Document the scene – if it’s safe to do so, take pictures of the crash area, damage, and/or injuries.
  • Seek medical attention immediately – a medical evaluation is necessary to document injuries that are not always apparent at the scene of a crash.

Get the Legal Representation You Deserve

At Heintz Law, we’re dedicated to representing victims of negligence in Bradenton, Sarasota, and surrounding parts of southwest Florida.

Our office only accepts a limited number of cases so we can devote our attention to the specific needs of individual clients. Plus, in the event our law firm can’t reach a fair settlement with insurance companies, our lawyers are willing and able to bring your personal injury case to trial.

If you’ve been injured and you need a legal team skilled at investigating distracted driving, you need Heintz Law.

Even if you don’t think you can afford a lawyer, give us a call. We work on a contingent-fee basis, which means we don’t get paid unless we win your case.

Call our experienced distracted driving attorneys at 941-748-2961 for a free consultation, or tell us about the accident online to get started now.


No Fees Or Costs Unless We Get Results

905 6th Avenue West
Bradenton, FL 34205

Phone: 941-748-2916
Fax: 941-746-4281
Map & Directions

By Appointment Only

2033 Main St, Ste 406
Sarasota, FL 34237

Phone: 941-238-0093
Fax: 941-746-4281
Map & Directions

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