Vero Beach Distracted Driving Accident Lawyer
Vero Beach, FL
Distracted driving has become a huge problem in recent years. In some areas, accidents caused by distracted driving surpass those caused by drunk driving. If a distracted driver has injured you, you deserve fair compensation for your losses. An experienced car accident lawyer from Gould Cooksey Fennell Law Firm can help demand it. Learn more about your legal rights following a distracted driving car accident when you call for a free consultation.
What Is Distracted Driving?
The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as “any activity that diverts attention from driving.” The Centers for Disease Control and Prevention (CDC) recognizes three forms of distracted driving:
Visual Distractions
A visual distraction takes the driver’s eyes off the road. Examples of visual distractions include:
- Texting while driving
- Looking at a GPS
- Looking at a mirror while applying makeup
- Looking back at a child or pet in the backseat
- Looking for something you dropped while driving
Manual Distractions
A manual distraction takes your hands off the steering wheel, such as if you do any of the following while driving:
- Answer a phone call on your cell phone without steering wheel buttons
- Input information in a GPS unit
- Eat or drink
- Adjust the radio or air conditioner
Cognitive Distractions
A cognitive distraction takes the driver’s mind off the task of driving, such as daydreaming, worrying about job or relationship issues, or engaging in lively conversation.
Some activities involve just one type of distraction, while others involve two or three.
Dangers of Distracted Driving
Many people take for granted the skill and attention that is necessary to drive safely. Driving already involves handling multiple tasks and thought processes at once, including:
- Steering
- Judging the speed and distance of other drivers
- Slowing and stopping
- Accelerating
- Maintaining speed and a safe following distance
- Watching for pedestrians
- Checking blind spots and rearview mirrors
- Recognizing potential hazards
- Reading road signs
- Following navigational directions
- Reacting to emergency vehicles
- Anticipating other drivers’ actions
When drivers are already trying to handle so many tasks, adding another one to the list can be catastrophic. The CDC reports that distracted driving increases the chance of a motor vehicle crash. The National Sheriffs’ Association reports that 1,153 people are injured and nine die every day due to distracted driving accidents. Meanwhile, the NHTSA reports that 3,308 people died in distracted driving crashes in 2022.
Drivers who choose to engage in activities that endanger the lives and safety of other motorists can be held responsible for the harm they cause through a personal injury claim.
How a Car Accident Lawyer Can Help You
Being injured in a distracted driving accident can be all-consuming. You may be dealing with various difficulties, including coordinating medical care, communicating with your employer about your anticipated return to work, and struggling with painful injuries. Adding a complex legal claim to the mix can be more than one can reasonably handle. Trying to handle the insurance claims process on your own can lead to mistakes that can damage your personal injury claim and reduce your compensation.
An experienced personal injury lawyer can help with your insurance claim by:
Discussing Your Legal Rights and Options
The car accident attorneys at Gould Cooksey Fennell Law Firm are knowledgeable about various personal injury laws, including the distracted driving law. An experienced car accident lawyer can review the details of your case, explain how the law applies to it, and advise you of your various legal options during a free case review.
Investigating the Accident
An experienced lawyer knows what evidence to look for when car accident victims suspect the at-fault driver was texting or otherwise distracted. We can help prove liability by:
- Identifying and collecting critical evidence
- Obtaining and reviewing accident reports
- Interviewing witnesses
- Preserving video footage from traffic cameras, dash cams, and nearby surveillance cameras
- Reviewing photos of the accident scene, which may indicate
- Obtaining cell phone records if the case is litigated
Calculating Your Damages
Distracted driving crashes can lead to considerable harm because the at-fault driver may not have braked before the collision or braked late, causing accidents to occur at higher speeds and leading to greater damages. Our experienced auto accident attorneys can compile information to determine the short- and long-term impact of the crash.
Handling the Claims Process
Dealing with insurance companies can be frustrating because they try to avoid paying what you should receive for fair compensation for your claim. Our experienced car accident attorneys can handle all aspects of the claims process, including:
- Filing your claim paperwork
- Managing case deadlines
- Handling communication with insurance adjusters
- Sending a demand letter that fully accounts for your damages
- Negotiating for maximum compensation
Our experienced team wants you to focus on your recovery while we handle your claim.
Florida’s Distracted Driving Law
Many things can cause distractions behind the wheel, but texting while driving is the most recognized form of distracted driving. Because this type of distracted driving involves all three types of distractions (visual, manual, and cognitive), it is particularly dangerous.
The Federal Communications Commission states that there is no national ban on texting or phone usage. However, the Governors Highway Safety Association states that 49 states prohibit texting while driving, and 30 states prohibit handheld cell phone use for all drivers.
Florida’s Wireless Communications While Driving Law prohibits drivers from operating a motor vehicle while using a wireless communications device in a handheld manner in a designated school crossing, school zone, or active work zone. If a law enforcement officer sees a driver engaging in prohibited activity, they can stop them and issue them a ticket.
Examples of Distracted Driving
While texting and driving is the most recognized form of distracted driving, it is far from the only form. Remember, distracted driving is anything that takes a driver’s attention from the task of driving. Other forms of distracted driving besides texting include:
- Answering a call or making a call
- Using other electronic devices besides a cell phone
- Inputting information into a GPS unit
- Reading, including maps or directions from a phone or GPS unit
- Personal grooming
- Eating or drinking
- Talking to passengers
- Looking out the window
- Tending to children or pets in the vehicle
- Daydreaming
An experienced car accident lawyer can review your case to determine if the other driver was distracted and responsible for your injuries.
Financial Compensation You Can Recover in a Distracted Driving Accident
If you were injured in an accident involving a distracted driver, you may be able to seek compensation for the economic and non-economic damages you suffered if your injuries meet a certain threshold. Economic damages compensate you for direct financial losses you experienced because of the car wreck, such as:
- Repairs or replacement value of your damaged property
- Past and current medical expenses
- Lost income if you had to miss work to attend medical appointments or heal before returning to work
- Out-of-pocket expenses, such as replacement services for childcare or housecleaning you had to pay for
Economic damages also provide payment for future expenses you can reasonably anticipate incurring, such as future medical expenses or reduced earning capacity if the accident caused permanent disabilities or impairments.
Non-economic damages compensate personal injury victims for the intangible losses they suffer in the accident, such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
Consider contacting an experienced distracted driver accident lawyer today for a free consultation to learn what damages you might be able to recover.
What to Do After a Distracted Driving Accident
If you are involved in a distracted driving accident, you can take certain steps to protect your legal rights, including:
- Report the accident to law enforcement. If you saw the other driver texting or looking down, you can indicate you think they were distracted so the law enforcement officer can conduct an investigation.
- Ask for the other driver’s information. If you need to make a third-party claim, having the other driver’s name, contact information, driver’s license number, and insurance information is helpful.
- Document the accident scene. The accident scene will be quickly cleaned up, so try to document it in its present state. Take pictures of the accident scene, including debris on the roadway, skid marks, property damage, and any other relevant information. Ask witnesses for their contact information.
- Report the accident to your insurance carrier. Florida law requires you to seek medical attention within 14 days of an accident to receive your PIP benefits.
- Contact a distracted driving lawyer. An auto accident lawyer may be able to obtain cell phone records or other evidence to prove the other driver was distracted at the time of the accident.
What Do I Have to Prove to Win a Distracted Driving Accident Case?
Most distracted driving accident cases are based on the legal theory of negligence. To prove a negligence claim, you must prove the following four legal elements:
- The other driver owed you a duty of care – All drivers have a legal responsibility to pay attention while driving and to follow the law so they do not cause accidents with others. You can point to the specific rules the at-fault driver was supposed to follow.
- The other driver violated the duty of care – Next, you must show how the other driver violated their legal duty, such as texting while driving in violation of state law.
- The other driver’s breach of the duty of care caused the accident – You must connect the distractions and the accident.
- You suffered damages because of the accident – You must provide receipts or other proof that you suffered damages for which a court can compensate you.
Personal injury attorneys can determine the evidence that will best prove your case, such as photos or videos of the accident, cell phone records, witness statements, or accident reports.
What Is My Distracted Driving Accident Case Worth?
Every car accident case is different, so there is no specific amount of financial compensation you can expect to recover after yours. The potential value of your claim depends on various factors, such as:
- The type and severity of the injury you sustained
- Whether your injuries resulted in permanent disabilities or impairments
- The duration of your medical treatment
- The extent of your pain and suffering
- Whether you contributed to the accident
- The insurance coverage available
- Whether your case settles or goes to trial
The best way to determine your case’s value is to consult an experienced attorney.
How Much Does It Cost to Hire a Car Accident Lawyer?
The personal injury attorneys at Gould Cooksey Fennell Law Firm work on a contingency-fee-basis. Under this fee agreement, you do not have to pay for our legal services unless and until we recover compensation for you. We receive a percentage of any settlement or financial award we recover on your behalf. We can explain more about how this works when you call for a free consultation.
What Is the Deadline to File a Personal Injury Lawsuit?
In Florida, personal injury victims must file a lawsuit within two years of the accident date to preserve their right to compensation. If they miss this deadline, they can lose their opportunity to recover compensation for the wreck. Protect your rights by working with an experienced lawyer who can manage your case deadlines.
Contact Our Personal Injury Lawyers for a Free Consultation
If a distracted driver injured you, you may have legal grounds to file an insurance claim or personal injury lawsuit. The distracted driving accident attorneys at the Gould Cooksey Fennell Law Firm can discuss your legal options during a free, no-obligation case review. Our personal injury law firm has recovered over $150 million in recent verdicts and settlements. Call us or contact us online to schedule your free consultation.
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- No Fee Until We Win
- $150M+ in Recent Personal Injury Verdicts & Settlements
- U.S. News & World Report Best Law Firms for 10 Consecutive Years
Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.
Notable CAR ACCIDENT Settlements and Verdicts
We’ve recovered over $150 million for our clients. These are real case results from real people who came to us for help. And we got them what they were owed.
Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.
A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.
Plaintiff sustained numerous orthopedic injuries as a result of the negligence of a driver working for the State of Florida Department of Agriculture. At trial, the case resulted in a verdict of $5,582,776.82. Because the government’s damages are statutorily limited to $100,000 under Sovereign Immunity laws, Gould Cooksey Fennell’s Personal Injury Group was forced to fight in the Legislature for several years to pursue the passage of a Claims Bill. Ultimately a Bill was passed for 40 times the statutory limitations.
Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.
Obtained a Trial Verdict of $1.64 million dollars for injuries sustained by an 86 year old woman in a rollover auto accident on SR 60 in Vero Beach, Florida. After prolonged hospitalization, Mrs. Koebele never fully recovered and an Indian River County Jury awarded $1,170,130 for her injuries and $475,000 for her husband’s consortium claim.
Automobile crash in Vero Beach, FL resulting in cervical injury, including disc herniation to a 22 year old tennis professional.
While stopped at the intersection of US Hwy 1 and Vista Royale Boulevard, the Plaintiff’s vehicle was struck from behind with such force that the rear of his SUV was lifted off the ground and his vehicle slammed into the rear of the vehicle in front of him. As a result of the violent impact, Plaintiff sustained permanent injuries to his cervical and lumbar spine. An Indian River County jury awarded the Plaintiff $1,487,412.99.
While stopped at the intersection of 43rd Ave and 8th Street, Plaintiff was rear-ended by the Defendant, launching her vehicle into another vehicle in front of her. Plaintiff sustained permanent injuries to her right knee and cervical spine, both requiring surgical intervention in the years following the collision. After a nine day trial, an Indian River County jury returned an award of $1,259,090.73.
Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.
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