Distracted Driving Accidents
Today’s technologies allow us to accomplish more in less time using fewer resources, but they also pose serious dangers when people fail to pay attention to the roadway while driving. One of the biggest culprits for distracted driving is cell phones. The invention of text messaging further complicated this situation, tempting many drivers to type out long messages while behind the wheel. According to the U.S. Government’s official website for distracted driving, over 3,000 people lost their lives in motor vehicle accidents during 2013 alone as the result of distracted drivers. Experienced car accident attorney Adam Baron has represented many people in Naples and the surrounding communities who have been harmed by distracted drivers. I am prepared to help you assert your rights.Suing a Distracted Driver for Negligence
After being involved in a distracted driving accident, the first thing you should do is seek medical attention to determine the nature and extent of your injuries and to document them. This will be a critical step in pursuing compensation in a potential lawsuit. If you bring a claim, you must show that the other driver failed to operate his or her car with the same skill and care that a reasonably prudent driver would have exhibited in a similar circumstance. This is called the standard of care, and it takes into consideration any key facts that existed at the time of the collision, such as severe weather, hazardous road obstructions, and traffic patterns.
If a driver fails to drive as safely as a reasonably prudent person given these conditions, he or she has breached the standard of care. A breach also occurs if the defendant violates any applicable traffic laws or regulations. In Florida, it is legal for a driver to talk on his or her cell phone while driving. Although the Florida DMV recommends using a hands-free cell phone device, it is not required. Florida law does ban texting, while includes reading text messages, during the operation of a motor vehicle. If a driver’s texting activity results in a car accident, the driver likely has breached the standard of care.
After proving that the other driver breached the applicable standard of care, the plaintiff must also show a link between that breach and his or her damages. The legal term for this element is causation, and courts interpret it as requiring proof that the plaintiff would not have suffered his or her damages but for the other driver’s breach. Accident reconstruction experts are particularly helpful, and sometimes necessary, when it comes to proving this element. A defendant may argue that the plaintiff contributed to the collision or that some other factor was to blame for the crash.
Finally, a plaintiff must offer evidence supporting the amount of damages that he or she is claiming in the lawsuit. In many cases, a plaintiff will submit medical bills or physical therapy costs in addition to paystubs to show the amount of wages that he or she would have received had he or she not been forced to miss work. In severe cases, a victim may be prevented from returning to his or her usual occupation for a substantial or indefinite period of time. A negligent defendant may be required to compensate the plaintiff for his or her loss of future earning capacity. Other forms of damages commonly include pain and suffering, the costs of future treatment, and property damage.Consult a Dedicated Naples Attorney after an Auto Accident
If you or someone you love has suffered injuries as the result of a careless driver’s negligence, the Law Offices of Adam Baron can help. I am an injury lawyer who has provided seasoned guidance to victims in Naples and other cities across South Florida, including Tamarac, North Miami Beach, Coral Springs, Miami, and Fort Myers. I offer a free consultation, so you have nothing to lose. Contact us online or call us at one of our regional office locations to set up your appointment. We can be reached in Broward County at (954)-247-4878, in Miami-Dade County at (305) 770-2131, or in Naples/Fort Myers at (239) 352-5511.