I Was Injured by a Distracted Driver, What are My Rights?

Distracted driving is a menace to society. According to federal government statistics, distracted drivers kill around 9 people every single day. Another 1,000 are injured in car accidents by distracted drivers.

If a distracted driver strikes you, then you might be entitled to compensation for your injuries, but you must act fast. Meet with a Miami car accident lawyer to discuss your case.

Types of Distracted Driving

Drivers can become distracted in a variety of ways, such as:

  • Eating
  • Drinking
  • Applying makeup
  • Talking on the phone
  • Texting or sending an email
  • Reaching for something on the floor or in the glove compartment box
  • Arguing with someone in the car
  • Daydreaming
  • Checking their GPS device
  • Messing with controls, such as the stereo

The key will be to show that the driver was distracted when they hit you. For example, we might be able to get the driver’s cell phone records, which can show that they were texting or talking on the phone at the moment of impact. In other cases, we can infer that the driver was distracted, such as having food or drink all over them when they emerge from their vehicle following a collision.

You Have the Right to Compensation for Your Losses

Distracted driving is a form of negligence, and you can receive compensation from any negligent driver who injures you. At our firm, many of our clients have received money for the following:

  • Medical bills, including future medical care
  • Lost wages, including future lost wages
  • Property damage (such as damage to your car)

The amount of compensation varies depending on the circumstances. Generally, those with more serious physical injuries can receive more in compensation than someone with minor injuries.

You Have the Right to Sue in Certain Situations

Florida is a no-fault state, so you should first make a claim with your insurer for personal injury protection (PIP) benefits, which will cover a portion of your medical bills and lost wages.

If your injury is particularly serious or permanent, you might also be able to bring a lawsuit, which can allow you to receive much more money. In a lawsuit, our clients have received compensation for pain and suffering, as well as emotional distress.

Speak to a Car Accident Lawyer in Miami

Dolan Dobrinsky Rosenblum has a long history of representing people just like you—victims injured by a distracted driver. For more information about how we can help, please call us today, 305-371-2692. We offer a free consultation to all potential clients.