An alarming number of drivers get on the roads of Orlando every day and engage in distracting behavior like using their smartphone, updating their GPS, eating, doing their makeup, and many other activities that put themselves, and everyone else on the road, at significant risk of an accident. When someone causes an accident because they were distracted, they must be held liable for their negligence that contributed to this crash, including the damages that they caused you. The first step that you will need to take in this process is filing a claim with the responsible driver’s insurance company; however, before filing a claim it is a good idea to partner with an experienced personal injury attorney.
When you file a claim with an insurance company, the claims adjuster goes into action to find every possible way to reduce the amount of money that you ultimately receive as a settlement. They will find ways to place fault on you, question your injuries, and use your statements against you in order to get the upper hand in negotiations. When you work with an attorney throughout the entire claims process, you can be confident that you have legal representation who is guiding you each step of the way, and making sure that your interests are protected.
The team at Fasig | Brooks is available to speak with you immediately, where you will be able to discuss the nature of your distracted driving crash, the injuries that you have endured, the financial impacts on your life, and more. We are proud to represent the victims of these types of accidents and making sure that they are not going against a major insurance company while trying to focus on recovering from their injuries. We will be happy to do the same for you.
Read more below to get a general idea of distracted driving accident claims in Orlando, and contact us now to begin working on your case today.
For a free case evaluation after a Distracted Driving accident in the Orlando area, call (850) 222-3232.
A Look at Florida’s “hands-free” Law
While mobile devices aren’t the only type of distraction, they certainly play a significant role in these types of accidents. In fact, the Center for Disease Control reports that each day in the United States, “approximately 9 people are killed and more than 1,000 injured in crashes that are reported to involve a distracted driver.” Many of these accidents are caused by someone using their smartphone for a variety of tasks, including texting, checking social media, or making a call.
In July of 2019, a new law signed into effect by Governor Ron DeSantis made is a primary offense to drive while using a handheld device, and there are a range of penalties that a driver can face when they are cited for this type of infraction, primarily in the form of fines and points on the driver’s license. However, this law can play an additional factor when there has been an accident where a driver was cited for this reckless behavior.
If you were in an accident caused by another driver using a handheld device, then it is important that you report this information to the police who arrive on the scene. In addition, try to get statements from eyewitnesses who can confirm that this was the case. You and your personal injury attorney will be able to use this information as a significant factor in your settlement negotiations.
The Dangers of Distracted Driving
If you have been injured in an accident caused by distracted driving, then you already know about many of the dangers that this reckless behavior can cause. Unfortunately, most people understand these dangers but still choose to use their mobile devices or engage in other distracting activities while driving a vehicle.
There are three types of distracted driving: visual, manual, and cognitive. Each type of distracted driving is dangerous, but many people may not recognize the range of behaviors that can be considered distracted driving.
Visual Distracted Driving
When a driver takes their eyes off the road, to read a text message, change a radio station, or any other reason, they lose the ability to notice what is going on around them. When someone is driving 55 mph, taking their eyes off the road for 5 seconds means that they will travel the length of a football field before bringing their attention back to driving.
Manual Distracted Driving
When someone takes their hands off of the steering wheel to eat, smoke, or grab something in the passenger seat, they are engaging in the second type of distracted driving, known as manual distracted driving. The biggest danger of this behavior is that the driver is in significantly less control of the vehicle during this time, meaning that they may not be able to respond to an unexpected hazard, even if they see the hazard in time.
Cognitive Distracted Driving
Cognitive distracted driving is the act of a driver letting their mind wander while driving, which makes this type of distraction much harder to police, and much harder to prove following an accident. However, this type of distracted driving is equally dangerous, because the driver is taking their attention from the road and, as with the other two types of distracted driving, may be unable to recognize or respond to a hazard in time to avoid a collision.
Why Fasig | Brooks?
Choosing the right attorney for your case is an extremely important step in your journey. We are committed to providing top-tier customer service as we help you navigate this complicated period of your life. Our award-winning team is available today to help you understand the specifics of your case, as well as how we can help you move forward with the representation that you need to get the settlement that you deserve.
Contact an Orlando Distracted Driving accident lawyer at (850) 222-3232 and get the skilled help you need.