Fort Lauderdale Distracted Driving Accident Lawyer

In the most recent year studied, 3,308 people were killed in motor vehicle crashes involving distracted drivers, according to the National Safety Council. While cell phone use is one of the most commonly recognized forms of distracted driving, the National Highway Traffic Safety Administration (NHTSA) defines distracted driving as “any activity that diverts attention from driving.” When drivers are distracted, they are less likely to be paying attention to the road and are more likely to cause an accident.

If you or a loved one was injured by a distracted driver, a Fort Lauderdale distracted driving accident lawyer from Chalik & Chalik Injury Lawyers can help you. You can speak to a member of our team today to learn more about your legal rights and options. During your free consultation, we’ll explain more about partnering with our Fort Lauderdale car accident lawyers. 

Damages You Can Recover If You Were Hurt in a Distracted Driving Accident

If you were injured in a distracted driving accident, you may be entitled to recover various types of damages. These damages are designed to compensate you for the losses you suffered because of the liable party’s negligence. Some of the categories of damages you may be entitled to include:

Economic Damages

Your economic damages come with a fixed financial value. Auto accident victims may be able to recover:

• Medical Expenses: Covers the cost of medical treatment, including hospital stays, surgeries, medications, physical therapy, and future medical care.
• Lost Wages: Compensation for income lost due to the inability to work during recovery.
• Loss of Earning Capacity: If the injury affects your ability to earn in the future, you may recover compensation for your reduced earning capacity.
• Property Damage: Reimbursement for repair or replacement of your vehicle and any other personal property damaged in the accident.

Non-Economic Damages

Non-economic damages are the intangible losses you suffered. Our car accident attorneys can help you demand a settlement that covers: 

• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and subsequent injuries.
• Emotional Distress: Covers anxiety, depression, and other psychological impacts resulting from the accident.
• Loss of Consortium: If the injury affects your relationship with your spouse, you may be entitled to damages for loss of companionship and support.
• Loss of Enjoyment of Life: Compensation for the inability to enjoy daily activities and hobbies you participated in before the accident.

Wrongful Death Damages

If you lost someone you love in a distracted driving car accident, our team offers our sincere condolences. We can help you file a wrongful death case to recover damages like the following: 

• Funeral and Burial Expenses: Covers the costs associated with funeral and burial services.
• Loss of Financial Support: Compensation for the loss of income and financial support the deceased would have provided.
• Loss of Companionship: Damages for the emotional loss suffered by family members due to the death of a loved one.
• Medical Expenses Prior to Death: Reimbursement for medical expenses incurred by the deceased before passing away.

A Fort Lauderdale wrongful death lawyer from our firm can help you understand which damages you may be entitled to. 

What Our Distracted Driving Lawyers Will Do to Help You Seek a Fair Settlement After Your Fort Lauderdale Crash

A car accident lawyer plays a crucial role in helping you seek compensation after a distracted driving accident. Here are the ways our Fort Lauderdale personal injury lawyers can assist you:

• Initial Consultation: Evaluate your case during a free consultation, providing an understanding of your legal options and the potential value of your claim.
• Evidence Collection: Gather crucial evidence such as police reports, witness statements, medical records, and traffic camera footage to build a strong case.
• Expert Consultation: Work with accident reconstruction experts, medical professionals, and other specialists to establish the cause of the accident and the extent of your injuries.
• Insurance Negotiation: Handle all communications and negotiations with insurance companies to ensure you receive a fair settlement.
• Legal Documentation: Prepare and file all necessary legal documents, ensuring compliance with deadlines and legal procedures.
• Representation in Court: If a fair settlement cannot be reached, represent you in court to fight for the compensation you deserve.
• Calculation of Damages: Accurately calculate your economic and non-economic damages, including medical expenses, lost wages, pain and suffering, and property damage.
• Client Support: Provide ongoing support and updates throughout the legal process, answering any questions and addressing concerns you may have.

Our distracted driving accident lawyers are dedicated to your case. We will support you throughout the legal process, even if that means taking your case to trial. 

Types of Distracted Driving

The Centers for Disease Control and Prevention (CDC) divides the types of distracted driving into three categories:

Visual Distractions

A visual distraction is anything that takes the driver’s eyes off the road. Examples of visual distractions include:

• A text message that appears on a phone that you look at while driving
• A passenger in your vehicle you turn to look at
• Your children in the back seat you check on while driving
• A loose pet in your vehicle that you look at or pet
• Scenery outside that you look at

Manual Distractions

Manual distractions are things that cause you to take your hands off the wheel, such as: 

• Texting while driving
• Eating
• Drinking
• Adjusting dials on your radio, GPS, or other vehicle controls
• Picking up something that has fallen to the car floor

Cognitive Distractions

Cognitive distractions include anything that takes your mind off the task of driving, such as engaging in a conversation on your cell phone, thinking about the next day, or arguing with another occupant in the vehicle.

Dangers of Texting While Driving

Texting while driving is such a dangerous activity because it involves all three of these types of distractions. When you text and drive, you look away from the road. The average text takes five seconds to read, so you may travel the length of a football field while “glancing” away at your phone, according to the NHTSA.

Texting and driving also takes your hands away from the steering wheel. If a sudden hazard appears, it will take you longer to respond to it. Additionally, texting and driving causes you to focus on the text and not on the road, so you are not mentally prepared to react to a hazard.

If you were injured by a distracted driver, contact Chalik & Chalik Injury Lawyers by calling us today to learn about the potential personal injury claim you may be able to file.

Risk Factors for Distracted Drivers

While anyone in any age group can text and drive, the problem does disproportionately affect the young. The CDC reports that drivers 19 and younger represent the biggest group of distraction-related fatal motor vehicle accidents. In addition, 9% of all motor vehicle fatal accidents in 2017 where teens died involved distracted driving. Teens who reported on a survey that they texted and drove were also more likely to engage in other risky driving behaviors, including drinking and driving, getting in a vehicle with someone who had been drinking, or not wearing their seat belts.

Florida’s Texting While Driving Law

Florida Statutes § 316.305 prohibits drivers in the state from texting and driving. Specifically, this law prohibits drivers from manually typing or entering multiple letters, numbers, or symbols or sending or reading data on a wireless device while operating a vehicle. The law specifically prohibits texting, emailing, and instant messaging while driving. Additionally, Florida Statutes § 316.306 prohibits anyone from using a handheld device in school or work zones.

The penalties for violating the texting while driving law are as follows:

• First offense – It is considered a non-moving traffic violation with a base fine of $30.00. Additional court costs and fees can be assessed. However, no points are assessed against the driver’s license.
• Second offense – If the same person receives a second citation for this act within five years, the offense is considered a moving traffic violation. There is a base fine of $60.00 and 3 points are assessed against the driver’s license.

If you use a handheld device while in a school or work zone, you may be subject to a fine and can have points assessed against your license.

Types of Evidence We Can Use to Build Your Distracted Driving Claim

In a distracted driving case, our lawyers can utilize various types of evidence to strengthen your claim. Here are some key pieces of evidence they might use:

• Police Reports: Detailed accounts of the accident scene and the officer’s observations, often including citations issued to the distracted driver.
• Witness Statements: Testimonies from individuals who saw the accident and can provide firsthand accounts of the driver’s behavior.
• Traffic Camera Footage: Video evidence showing the moments leading up to and during the accident.
• Cell Phone Records: Logs indicating the driver’s phone usage at the time of the accident, proving distraction.
• Medical Records: Documentation of your injuries, treatments, and the impact on your life.
• Photos of the Accident Scene: Visual evidence of vehicle damage, road conditions, and other relevant factors.
• Expert Testimony: Insights from accident reconstruction experts, medical professionals, or other specialists to support your case.
• Vehicle Data: Information from the vehicles’ onboard systems, such as speed, braking, and other actions at the time of the accident.

This comprehensive evidence helps our lawyers build a strong case to secure the compensation you deserve.

You Have a Limited Amount of Time to File a Personal Injury Lawsuit After a Distracted Driving Accident in Fort Lauderdale, FL

Filing your car accident case on time is crucial due to the statute of limitations set by Florida law. Under Florida Statutes § 95.11(4)(a), you generally have two years from the date of the accident to file a personal injury lawsuit. Failing to meet this deadline can result in losing your right to seek compensation for your injuries and damages.

We encourage you to consult with a car accident law firm right away to ensure all legal requirements are met and to preserve your ability to recover the compensation you deserve. Acting quickly helps gather evidence and build a strong case.

How Our Fort Lauderdale Distracted Driving Accident Lawyer Can Help

Our distracted driving accident attorneys in Fort Lauderdale are ready to assist you with your claim. We will quickly get to work to piece together how your accident occurred. We can review the accident report, question eyewitnesses, and obtain additional evidence to determine if texting while driving or other distracted driving behavior contributed to the accident. We may also be able to obtain cell phone records that show or imply that distracted driving was likely involved in the accident.

Once we have established liability in your claim, we will get to work on gathering evidence of the damages you sustained in the accident by requesting medical records, obtaining employment records that show how much income you lost while recovering from the accident, and seeking estimates on the costs to repair or replace your vehicle. We assemble this information to create a customized demand package we send to the insurance company.

While you focus on recovering after the accident, we handle all communications with the insurance company and discuss the offers and counteroffers made. You have the ultimate decision to accept the settlement offer or to reject it.

Contact Us Today for Your Free Consultation if You Were Injured by a Distract Driver

If you or your loved one was injured in a distracted driving accident, Chalik & Chalik Injury Lawyers is ready and able to help. A Fort Lauderdale distracted driving accident attorney will thoroughly investigate your claim and determine the factors that contributed to it, such as texting while driving or other forms of distracted driving. Our personal injury law firm charges no attorney fees unless we can recover compensation for your personal injury claim. Contact us today to learn more.