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 distracted driving lawyer at Heintz Law Firm are dedicated to helping victims of distracted driving accidents get the justice they deserve.

What Is Distracted Driving?

Distracted driving occurs when a driver diverts their attention away from the road, significantly increasing the risk of accidents. This dangerous practice not only endangers the driver and their passengers but also puts pedestrians and other motorists at serious risk. Understanding the different types of distractions can help highlight the importance of maintaining focus while driving.

Types of Distractions

1. Texting or Talking on a Cell Phone
   One of the most prevalent forms of distracted driving, texting requires visual, manual, and cognitive attention. Even talking on the phone can divert attention from the road, making it difficult to react to sudden changes in traffic conditions.
2. Eating and Drinking
   Consuming food or beverages while driving can lead to spills and the need for the driver to take their hands off the wheel, distracting them from the task at hand. This type of distraction can be particularly hazardous during busy commutes.
3. Adjusting Settings on the Radio or GPS
   Manipulating the radio, changing playlists, or entering a destination into a GPS can draw attention away from driving. Even brief moments of distraction can significantly impair a driver’s ability to respond to hazards.
4. Engaging in Conversation with Passengers
   While conversation might seem harmless, interacting with passengers can become a distraction, especially if the discussion is animated or if multiple passengers are talking at once. This can lead to a loss of focus on the road.
5. Grooming
   Activities such as applying makeup, combing hair, or adjusting clothing can divert a driver’s attention. These actions require visual and manual engagement, making them particularly dangerous while driving.
6. Daydreaming
   Cognitive distractions, like daydreaming or letting your mind wander, can be just as risky as physical distractions. This type of distraction can reduce a driver’s awareness of their surroundings and impair their ability to react to unexpected events.

Consequences of Distracted Driving

The consequences of distracted driving can be severe, often resulting in accidents that cause significant injuries or fatalities. Statistics show that distracted driving is a leading cause of motor vehicle accidents, largely due to its impact on judgment and reaction times. When a driver’s attention is compromised, their ability to process information and make quick decisions diminishes, increasing the likelihood of collisions.

The Importance of Focused Driving

To ensure the safety of all road users, it is crucial for drivers to remain focused solely on driving. Here are some tips to help eliminate distractions:

• Put Your Phone Away: Use hands-free devices or silence your phone to avoid the temptation to check messages.
• Plan Ahead: Set GPS directions before starting your drive and adjust your music or radio in advance.
• Eat Before You Drive: Try to avoid eating or drinking while driving. If you must, pull over safely to do so.
• Limit Passengers: Especially for new drivers, reducing the number of passengers can minimize distractions.
• Stay Mindful: Practice mindfulness while driving to keep your attention on the road.

Distracted driving is a preventable danger that calls for increased awareness and responsibility among drivers. By understanding the various forms of distraction and their consequences, we can work towards creating safer roadways for everyone. Staying focused on driving is not just a personal responsibility; it’s a critical component of road safety that protects all who share the road.

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.

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:

• Personal Injury Lawyer
• Car Accident Lawyer
• Truck Accident Lawyer
• and more

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

When a distracted driving accident occurs, the legal ramifications can be significant and far-reaching. The consequences depend on various factors, including the severity of the accident and the extent of the injuries sustained. Understanding these legal implications can be vital for victims seeking justice and compensation.

Personal Injury Lawsuits

Victims of distracted driving accidents may have the option to file a personal injury lawsuit against the driver responsible for the crash. This type of lawsuit aims to recover compensatory damages, which can include:

• Medical Bills: Costs associated with emergency care, hospital stays, surgeries, rehabilitation, and ongoing medical treatment.
• Lost Wages: Compensation for income lost during recovery, including any future earnings if the injury impacts the victim's ability to work.
• Pain and Suffering: Damages awarded for physical pain and emotional distress caused by the accident.

Florida Statistics

Distracted driving is a serious public health concern in Florida. In 2017, over 50,000 car crashes in the state were attributed to distracted driving. These incidents not only lead to injuries but also burden the legal and healthcare systems. The rising number of accidents underscores the importance of addressing distracted driving through legislative and educational efforts.

Legal Consequences for Distracted Drivers

In Florida, drivers caught engaging in distracted driving behaviors face specific legal penalties. These penalties can vary based on the nature of the distraction:

1. Texting While Driving:
2. • First Offense: A fine ranging from $30 to $60 and 3 points added to the driver's record.
   • Subsequent Offenses: Fines can increase up to $500, along with additional points.
2. General Distracted Driving Violations (such as using handheld devices):
3. • First Offense: A fine of up to $30 and 3 points.
   • Subsequent Violations: Fines can escalate, especially if the driver is involved in an accident.
3. Serious Offenses Leading to Injury:
4. • If a distracted driver causes serious bodily injury, they may face criminal charges, including fines up to $5,000 and potential jail time.

Consequences of Accumulating Points

Florida operates under a point system for traffic violations. Accumulating points on your driving record can lead to increased insurance rates and even license suspension if you reach certain thresholds:

• 12 points within 12 months: Potential suspension of driving privileges.
• Points for distracted driving violations can remain on your record for three years.

Importance of Legal Representation

The complexities of distracted driving cases necessitate the involvement of experienced legal representation. At Heintz Law, we have been protecting the rights of injured individuals for over 30 years. Our distracted driving lawyers understand that distracted driving cases require thorough investigation and attention to detail. We work diligently to uncover every aspect of what went wrong, ensuring that our clients receive the justice and compensation they deserve.

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

Are You Entitled to Compensation?

Drivers who fail to adhere to Florida’s cell phone laws are neglecting their responsibilities to others on the road, and such negligence can have serious consequences. If you suffer serious injuries or lose a loved one due to another driver’s distracted driving, you may be entitled to compensation for your losses.

Types of Compensation

Compensation for distracted driving accidents can cover a variety of expenses and losses, including:

1. Medical Bills
   Victims can seek reimbursement for all medical expenses incurred due to the accident. This includes:
2. • Emergency room visits
   • Hospital stays
   • Surgical procedures
   • Rehabilitation and physical therapy
   • Ongoing medical treatment and prescriptions
2. Lost Wages / Loss of Earning Potential
   If your injuries prevent you from working, you can claim compensation for lost wages. This encompasses:
3. • Income lost during recovery
   • Future earning potential if the injury results in long-term disability or affects your ability to work in your chosen profession
3. Disability
   If your injuries result in a permanent disability, you may be entitled to compensation for the impact on your quality of life. This can include:
4. • Compensation for the inability to perform daily activities
   • Costs associated with assistive devices or home modifications
4. Pain and Suffering
   Pain and suffering damages are awarded for the physical pain and emotional distress caused by the accident. Factors that may influence the amount awarded include:
5. • Severity and duration of injuries
   • Impact on daily life and relationships
   • Psychological effects, such as anxiety or depression
5. Wrongful Death
   In tragic cases where a distracted driver causes a fatal accident, surviving family members may file a wrongful death claim. Compensation in these cases can cover:
6. • Funeral and burial expenses
   • Loss of companionship and emotional support
   • Loss of financial support or inheritance

Proving Liability

A successful distracted driving lawsuit hinges on proving that the at-fault driver was using their cell phone or otherwise distracted at the time of the crash. This involves:

• Gathering Evidence: Collecting documentation such as police reports, witness statements, and phone records can help establish that the driver was distracted.
• Establishing Causation: It must be demonstrated that the distracted driving directly caused or contributed to the accident. This may include expert testimony or accident reconstruction analysis.
• Documentation of Injuries: Medical records detailing your injuries and treatment will be essential in substantiating your claims for compensation.

Importance of Legal Representation

Navigating a distracted driving lawsuit can be complex, and having an experienced distracted driving lawyer on your side is crucial. At Heintz Law, we understand the nuances of these cases and are committed to advocating for your rights. Our team of distracted driving lawyers will work diligently to gather evidence, establish liability, and fight for the compensation you deserve.

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 distracted driving lawyers are willing and able to bring your personal injury case to trial.

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

Even if you don’t think you can afford a distracted driving 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 lawyers at 941-748-2961 for a free consultation, or tell us about the accident online to get started now.