At Dolan Dobrinsky Rosenblum Bluestein, our personal injury lawyers are frequently called on to represent the victims of car accidents caused by distracted drivers. All accidents are sad, but what’s especially troubling when it comes to those involving distracted drivers is just how preventable they are.
This is something most state legislators came to realize years ago and we’ve seen much effective legislation passed throughout the US which has had a real impact in reducing accidents caused by distracted drivers. A central focus of such legislation has been curbing the use of cell phones while driving. They’re implicated in as many as 6% of all crashes, and car accidents involving cell phones incur a greater cost on society than alcohol use, speeding and failure to wear seat belts.
But in Florida legislators have been slow to act. Our state remains one of few that lacks a universal ban on the handheld use of cell phones while driving. The outcome of this is clear. Since universal bans were adopted throughout most US states between 2014-2018, Florida has distinguished itself with almost 50% higher distracted driving deaths per capita than the wider US.
Sources: US data taken from NHTSA FARS, Florida data taken from FLHSMV Traffic Crash Facts, Annual Report
It’s commendable how legislators nationwide have managed to prevent any substantial increase in distracted driving deaths despite a number of compounding factors–rising traffic density, speeding and the increased use of cell phones. Our team of personal injury lawyers at Dolan Dobrinsky Rosenblum Bluestein was early to recognize this and voice concern over our own hesitant approach in Florida. Until a harder line is taken against distracted driving in Florida, rely on a personal injury lawyer at Dolan Dobrinsky Rosenblum Bluestein to represent you. If you or a family member may have been the victim of a distracted driver, we’ll ensure your rights to compensation are fully realized.
Your Rights In A Florida Distracted Driving Accident
Following a Florida car accident, proving the other driver was using a cell phone can help establish their liability and it can entitle you to greater financial compensation.
In Florida, which is a no-fault state for car accidents, you would usually first file a claim with your own insurance company for personal injury protection (PIP) benefits. PIP benefits can pay for medical expenses, lost wages, and other losses incurred as a result of the accident–but only up to a certain limit–and they don’t reimburse your pain and suffering or property damage.
To gain reimbursement for pain and suffering, property damage, and injuries that exceed the limits of your PIP coverage, you must file a personal injury lawsuit against the other driver. To do this, you must prove the other driver was negligent and that their negligence caused your injuries.
This is where an experienced personal injury lawyer can make a world of difference. If negligence by distracted driving is suspected, they’ll determine whether it played a part in your accident. Where it has, you may be able to file a personal injury lawsuit against them.
How A Personal Injury Lawyer Proves Cell Phone Use
At Dolan Dobrinsky Rosenblum Bluestein our Miami personal injury lawyer can often prove the other driver was using their cell phone at the time of your accident, even when they deny it. Here’s how:
- By filing a subpoena with the court, we disclose the other driver’s cell phone records. These can prove the driver was using their phone at or around the time of the accident.
- Our accident reconstructionist will analyze the accident scene and if the other driver’s behavior suggests distracted driving, they’ll provide expert testimony.
- Video footage and eyewitness testimony are sometimes of great value in proving the other driver was distracted.
Cell Phone Use Can Be a Distraction Even If You’re Not Holding It
What car accident victims often don’t realize is that the other driver doesn’t necessarily need to be holding their phone. Under Florida law, it can be sufficient that they took their attention off the road to interact with their phone, or were distracted by a phone conversation–whether it be their own or a passenger’s.
We Will Represent You In A Florida Distracted Driving Accident
If you or a family member have been involved in an accident with a suspected distracted driver, let a personal injury lawyer at Dolan Dobrinsky Rosenblum Bluestein represent you. With over $1 billion in settlements and trial verdicts, we know Florida law. We’ll ensure your rights to compensation are fully realized.
From our office in Miami, we serve customers throughout Florida. Call us today at 305-371-2692 or schedule a free consultation online with a personal injury lawyer.