South Florida Injury Lawyer Blawg
Texting behind the wheel can lead to serious, even deadly accidents. If you have been hurt in a car accident caused by another driver who was texting while driving, you may be able to obtain compensation for your injuries through a lawsuit. At the Law Offices of Robert Dixon, our highly skilled Miami distracted driving attorneys can help you understand your rights and provide guidance about your next steps.
States that prohibit texting while driving witnessed an average 4 percent reduction in emergency room (ER) visits after auto accidents, which translates to 1,632 traffic-related emergency room visits per year according to a new study published in the American Journal of Public Health. Researchers analyzed emergency department data from 16 states between the years of 2007 and 2014. The states were chosen based on how readily available information was pertaining to auto accident injuries for which ER treatment was needed.
Currently, 47 out of 50 states have laws that ban texting while driving. Of the 16 states examined in the report, all except for one had these laws. Texting while driving bans can be primary laws, which means that a driver can be pulled over for texting and driving irrespective of whether another driving violation occurred, or secondary laws, which means texting and driving can only be an offense after another traffic violation, like running a stop sign, has taken place. The states that have primary bans experienced an 8 percent reduction in collision related injuries.
Distracted driving is defined as anything that takes the driver’s attention away from the primary task of driving. This definition includes texting and driving. While you cannot prevent a distracted driver from causing an accident, you should not have to absorb the losses that often accompany such an accident. Individuals who cause an accident because they were texting while driving can be held accountable through a personal injury lawsuit alleging negligence. Negligence occurs when a person acts without care or attention to the safety of others, thereby causing an accident and resulting harm. To win a negligence claim for an accident caused by texting and driving, the plaintiff must establish all four of the following elements:
- Duty – the defendant owed the plaintiff a duty of care, which consists of an obligation to act in a way that a reasonably prudent person would act in the same situation.
- Breach – the defendant breached the duty of care owed to the plaintiff either by texting behind the wheel.
- Causation – the defendant’s breach was a direct cause of the accident.
- Damages – the plaintiff suffered injury or loss as a result.
Reach an Experienced Miami Distracted Driving Attorney Today
If you have been injured in an accident caused by a distracted driver in Miami, you deserve compensation. At the Law Offices of Robert Dixon, our experienced Miami distracted driving attorneys are committed to representing clients who have been injured as a result of driver inattention. We understand the specifics of Florida personal injury law and can put our knowledge to use in your case. For a free case evaluation, please do not hesitate to call us at 1-877-499-HURT (4878) or reach out to us online today.