South Florida Injury Lawyer Blawg
The rise of technology has been convenient for a lot of day-to-day tasks. With the click of a button, we can figure out the nearest restaurant and how to get there. But there is a downside as well. Technology-related distractions, such as the use of cell phones, have contributed to many accidents on the road. If a driver who was using their cell phone behind the wheel has injured you, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami distracted driving accident lawyers are committed to holding negligent drivers accountable for the harm that they cause.
According to the National Highway Traffic and Safety Administration, the United States has seen a 14 percent spike in roadway fatalities over the last two years. It has also seen the biggest back-to-back increase in auto accident death rates per mile driven in more than 50 years. In 2016 alone, over 37,000 people died in roadway accidents. This group includes drivers, passengers, cyclists, and pedestrians.
Many blame the increase in accidents on technology-related distractions, such as cell phones. Official figures from the U.S. Department of Transportation rebut this sentiment, showing that only about 9 percent of traffic deaths are caused by distracted driving in general and even fewer specifically by phone use. However, the National Safety Council (NSC) has challenged this data, pointing out that police reports often lack the ability to record technology-related distractions as the cause of an accident. Additionally, many times, the report is contingent on the driver admitting to the distraction, which leads to systematic undercounting. Both the NSC and a recent study by Cambridge Mobile Telematics claim that cell phones play a much larger role in accidents than official figures show. In fact, the NSC claims that based on the under-reporting of distracted driving crashes, the number of fatal crashes that actually take place each year could be double what is recorded in federal data.
If you were hurt in a Florida auto accident due to a distracted driver, you can normally seek compensation from that driver through a negligence claim. Establishing negligence requires the accident victim to show that the defendant failed to use reasonable care while driving, and that failure was a direct and proximate cause of the accident and the victim’s resulting injuries. In order to prove negligence, the plaintiff must demonstrate the following by a preponderance of the evidence: i) the defendant owed a duty of care to the plaintiff; ii) the defendant violated the duty of care owed to the plaintiff by engaging in a distraction, such as using his or her cell phone behind the wheel; and iii) the defendant’s conduct was a direct cause of the accident and the plaintiff’s damages.
Once negligence is established, Florida law permits the accident victim to recover a variety of damages, including medical bills, rehabilitation costs, lost income and benefits, pain and suffering, and property damage.
Distracted drivers can cause serious accidents that lead to long-term harm for everyone involved. If you or someone close to you has been injured by such a driver, you need to reach out to a seasoned Miami distracted driving accident attorney who can help. At the Law Offices of Robert Dixon, we will make every effort to get you the full and fair compensation you deserve for your injuries. For more information, do not hesitate to call us at 1-877-499-HURT (4878) or reach out to us online.
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