Distracted Driving

Distracted driving has always been a problem, but it seems to have got worse over the years since there are so many new ways for people to get distracted in their vehicles. But no matter the nature of the distraction, driving while distracted is a danger to the driver and everyone else who is on the road with them. Distracted driving is particularly frustrating because it is an easily avoidable behavior: there is no reason for anyone to be that irresponsible because whatever is distracting them can wait since it is not more important than paying attention to their vehicle and the road. 

If someone gets into an accident that was caused by a distracted driver, then they are entitled to receive compensation from the insurance company of the distracted driver to cover any losses they suffered because of the accident. At Bernheim, Kelley, Battista, and Bliss, LLC, our team of lawyers have decades of experience helping victims of distracted driving accidents in Fort Lauderdale. So we know how to prove that the other driver’s distraction caused the accident and we will negotiate with their insurance company to get you a fair settlement amount. So contact us to get the help you need if you have been in an accident caused by a distracted driver.

The Reason Distracted Driving is Dangerous

There are three different types of distraction that drivers can engage in while they are behind the wheel, all of which are bad for various reasons.

Manual Distractions – These are the types of distractions that cause the driver to take their hands off the wheel. This includes things like eating, drinking, or grooming themselves while driving. Manual distractions are dangerous because the driver will be unable to react to obstacles or changes in the road conditions if their hands are off the wheel.

Visual Distractions – With these distractions, the driver’s vision is taken off the road ahead. It is easy to see why this is dangerous since there is no way for the driver to react to what is happening ahead of them if they cannot see it. Even if the vehicle has advanced safety systems to help drivers, such as emergency braking or lane-keeping assist, the driver still has a responsibility to pay attention to the road and other drivers.

Cognitive Distractions – These types of distractions take the driver’s mind off the task of driving or paying attention to the road. They are dangerous because they slow down the driver’s reaction time, which means that they may not be able to quickly respond to sudden changes in the road, such as a vehicle ahead of them suddenly slowing down.

One of the reasons why texting while driving is considered to be so dangerous is that it combines all three of the distractions into one activity. That drastically increases the chance of an accident occurring, which is why there are such extensive efforts to crack down on that behavior.

The Consequences of Distracted Driving

The main consequence of distracted driving is that it will end up causing a serious accident. However, despite the perniciousness and pervasiveness of distracted driving, there are few legal repercussions for most forms of distracted driving. The distracted driving behavior that does have legal consequences is texting while driving, which is understandable since it is so dangerous and easily noticeable. In Florida, the penalties for texting while driving include fines and points on the driver’s license.

If a distracted driver causes an accident, then one of the concerns is how to prove that the driver was distracted. When it comes to texting while driving, phone records can prove that they were using the phone at the time of the accident. However, an attorney will be needed to get the data from the electronic trail left behind by the distracted driver. In the case of other types of distractions, it can be more difficult to find evidence. Traffic cameras and other surveillance footage can show what the driver was doing before the accident occurred. The police can also search the vehicle to find evidence of any distractions as well as find anyone who witnessed the driver exhibiting distracting behavior.

Contact Us If You Have Been in an Accident Caused By a Distracted Driver in Fort Lauderdale

A distracted driver is a danger to everyone on the road, which is why anyone who has been in an accident caused by a distracted driver needs to be compensated. However, that compensation can be hard to come by without the aid of an attorney. A distracted driving charge can be difficult to prove but at Bernheim, Kelley, Battista, and Bliss, LLC we have the experience needed to discover the evidence that proves a driver was distracted. We can then use that evidence to negotiate a fair settlement offer with the insurance company. So if you were the victim of a distracted driver in Fort Lauderdale, then contact us to learn how we can help you.