South Florida Injury Lawyer Blawg
When a driver is distracted, their judgment and reaction time are compromised. Unfortunately, distracted driving has become one of the leading cause of auto accidents in Florida and across the US. If you were injured by a distracted driver in Florida, you deserve compensation. At the Law Offices of Robert Dixon, our experienced Miami personal injury attorneys recognize how difficult it can be to cope with a car accident and we are committed to providing you sound legal advice every step of the way.
A recent study conducted by researchers at the Risk Institute reveals that accidents triggered by distracted driving tend to be more serious than others, and their severity also depends on the type of setting in which they take place. Specifically, the study determined that distracted driving wrecks increased the chances of a crash leading to severe injury or death when compared with other types of accidents, especially those distraction-related collisions involving rear-end accidents in construction zones or on highways. The study analyzed 1.4 million police records obtained from the Ohio Department of Transportation for crashes that occurred between the years of 2013 and 2017.
Distracted Driving Accidents
Distracted drivers put everyone on the road at risk of harm. Individuals who are injured or have lost a family member due to distracted driving have a right to sue for damages under Florida law. In Florida, texting while driving is illegal. The fact that a driver was texting while driving may be used as evidence to show a driver was negligent as a matter of law. Also known as the negligence per se rule, this legal doctrine allows a plaintiff to establish negligence merely by showing that the driver violated Florida’s cellphone law, which is a shortcut when compared to a traditional negligence claim that requires proving many more elements.
The negligence per se rule is applicable if the following conditions are met: i) there was a legal violation by the driver (i.e., the driver broke a traffic law, criminal law, municipal ordinance or statute intended to protect motorists on the road); ii) the driver’s actions were a substantial cause of the accident and resulting injury; and iii) the law that was violated was intended to protect motorists (i.e., a DUI law could form the basis of a negligence per se claim whereas an expired license plate law could not. This is because the latter is not a law designed to shield motorists from accidents on the road).
Skilled Miami Distracted Driving Attorneys
Distracted driving is a serious problem in Florida and across the nation. These accidents can lead to devastating injured and even death. If you or someone close to you has suffered harm in an accident caused by distracted driving, our highly skilled Miami car accident attorneys can help. At the Law Offices of Robert Dixon, we are committed to holding negligent parties accountable for the harm that they cause and getting our clients the compensation they rightfully deserve. For more information regarding your case, call us at 1-877-499-HURT (4878) or contact us online.
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Train Accidents on the Rise in Florida, South Florida Injury Lawyer Blawg, December 20, 2018
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New Survey Highlights the Need for Parents to be Better Driving Role Models in South Florida and Nationwide, South Florida Injury Lawyer Blawg, December 20, 2018