Florida’s law banning the use of smartphones and other electronic devices went into effect in July of 2019. Distracted driving is negligent driving regardless of the law, but it can help your case if you were injured in an accident and the other driver is given a ticket for texting while driving. Unfortunately, there are many cases where distracted driving was the cause of the accident but no ticket was issued. And even if a ticket was issued, you will still need to prove that the other driver was not only driving while distracted but that it caused your accident that led to your injuries.
If this seems confusing, it’s because it is. No matter how obvious it may be to you that the accident was caused by distracted driving, you still need to prove your case. This is why you should contact a Crestview auto accident lawyer for help - they can help you prove your case so that you can get the compensation you need.
Examples of Distracted Driving
There are three types of distracted driving:
- Visual, where the driver takes their eyes off the road
- Manual, where the driver takes their hands off the wheel
- Cognitive, where the driver fails to pay full attention to driving the vehicle
Smartphones and other electronic devices are so dangerous because they engage all three types of distractions. That said, there are other prevalent forms of distracted driving beyond texting and driving:
- Eating or drinking
- Talking to passengers
- Dealing with pets or children
- Shaving, brushing your hair, or putting on makeup
- Adjusting the radio or climate controls
Even a momentary distraction can result in a serious accident. If you suspect that the driver who caused your accident was driving while distracted, you should contact a Crestview auto accident lawyer as soon as possible.
Proving Your Case
The other driver may admit that they were distracted at the scene but they rarely do - most drivers know that saying something like “I looked away for a second” is enough to trigger liability. As a result, you are going to need to gather evidence that proves they were driving while distracted. A Crestview auto accident lawyer can help you in the following ways:
- By subpoenaing cell phone records to determine whether they were texting or using their phone at the time of the accident
- By obtaining a copy of the police report to see if it contains any statements from the other driver that would suggest they were distracted
- By interviewing witnesses and obtaining their statements concerning the accident
- By subpoenaing traffic or security camera footage
- By obtaining a copy of any traffic citations for distracted driving
Keep in mind that you need to prove not only that the other driver was distracted, but that their distracted driving caused the accident.
Contact a Crestview Auto Accident Lawyer for Help with Your Distracted Driving Claim
Distracted driving cases are more complex than people realize. At Powell, Powell & Powell, we have the knowledge and experience necessary to handle difficult cases. If you have been injured in a car accident caused by distracted driving, talk to a Crestview auto accident lawyer from our firm - call us at 850-682-2757 or contact us online to schedule a free consultation.