When you hear the term distracted driving, most people associate it with using a mobile phone while driving. While this is indeed a form of distracted driving, there are a number of other things that you can do that classify as distracted driving.
Distracted driving causes serious accidents, and if you have been on the receiving end of an accident caused by a distracted driver, you are entitled to seek compensation for your damages. Here at the law place, we have been dealing with cases just like this for a number of years. We know how unfair it is that you are dealing with the potential injures or death of loved ones due to someone else’s negligence.
That is why we are here to help here at The Law Place. Distracted drivers rarely own up to their crimes, and it can take some extensive investigation to uncover the evidence necessary to prove their crime. Our team of Fort Myers car accident lawyers is prepared to fight for you and to seek the evidence necessary to help your case.
Simply call us at (941) 444-4444 today for a free consultation and case evaluation.
Types of Distracted Driving
Distracted driving is classified as any activity that diverts your attention away from driving. Put it this way, when you are driving at 50 mph, all it takes is a five-second distraction, and you travel the length of an entire football field.
There are three types of distraction:
This is what makes texting while driving so dangerous, as it falls under all three categories. With more than 92% of the population owning a mobile phone, it is a serious problem.
Fort Myers Distracted Driving Law
Just like the rest of the state Fort Myers is governed by Florida law. This states that every driver has a legal duty of care to all other users of the road. This means that as soon as you enter a vehicle, you assume a duty of care that means you will drive in a safe and reasonable manner that does not endanger any other road user. If you are found to be driving in a way that a reasonable driver would not have, you could be found negligent and liable to pay any damages you cause.
The biggest crime of all is using your cellphone whilst driving. Under Florida Statute 316.305, you are strictly prohibited from using a motor vehicle while typing letters numbers or any action where the phone is in your hand.
According to data released by the National Highway Traffic Saftey Administration (NHTSA), accidents caused by drivers using a cellphone are up to 23 times more severe than accidents caused where both drivers are alert.
How to Avoid a Distracted Driving Accident
The worst thing about distracted driving-related incidents is that they are usually avoidable. Distracted drivers usually think they have better multi-tasking ability than they actually have. You only need to look at the studies and statistics to see that this simply isn’t the case. In fact, over 15% of all car crashes that happen every year are caused by a distracted driver.
The best way to avoid being put into this kind of situation are:
- Eat and drink before you start driving. With drive-through restaurants on every corner, this can be hard to do, but is taking five minutes to sit and eat your meal really going to make you that late? We think not. If you are on a long journey, take a break, eat your food while the vehicle is stationary; it’s not worth the risk to other road users or you.
- If you need to use a GPS system or put your music on, try and do it before you start driving. Being prepared will stop you from getting distracted by changing music or destination mid-journey.
- The best thing to do with your phone is to put it in your glove box. Everyone will understand if you explain that you missed a call because you were driving. Studies have shown that by removing your phone from your vision, you are much less likely to be distracted by it or reach for it mid-journey.
- In the simplest terms. If you feel tired, want to eat, make a phone call, or anything that may take your attention off the road, pull over and stop. You could ruin your life, somebody else’s life, and the life of their families. Was it worth it for that donut or to check the match scores?
What Injuries and Damages Can I Claim as the Victim of a Distracted Driving Accident?
If you have been the victim of a distracted driving accident that wasn’t your fault in the Fort Myers area, you could be entitled to seek compensation for any damages you have received. You could potentially claim damages for the following reasons:
- Medical bills.
- Lost earnings.
- Vehicle repair.
- Costs for household services one can no longer perform.
- Transportation costs for doctor’s appointments or therapy.
- Compensation for future economic losses, such as loss of earning capacity, future surgeries, or long-term care or medical treatment.
- Wrongful death, if a loved one has been killed, you may be able to claim for funeral expenses and loss of consortium.
Medical bills can come in a range of varieties but might include:
- Wearing a brace – You may need to wear a back or neck brace to stabilize your body. This could prevent further injury and pain as they limit your movement. However, if your injuries and pain are minor, then you might be better off moving your muscles, as a brace could cause them to become stiffer.
- Ice packs or heating pads – Heat can ease muscle tension and relieve pain, while ice packs can help to reduce swelling.
- Pain medication – If your pain is severe, then your doctor might prescribe pain killers. You should only take prescription pain killers when over the counter pain relief is insufficient. Prescription pain killers can be addictive, so this shouldn’t be a long term solution if possible.
- Physical therapy – A physical therapist will assess your injuries and pain and put a plan in place for you. This may include gentle exercises that you do yourself from home. Neck and back injuries can reduce your range of motion, and physical therapy helps to rebuild muscles and restore you back to health. In the event of a severe injury that left you bed-bound for an extended period of time, you may need physical therapy to help with muscle loss in all parts of your body.
- Chiropractic care – Your primary goal after a collision is to get back to your former health. Some victims find that a chiropractor helps with recovery. However, this treatment may not be covered, so you should speak to your personal injury lawyer first.
Contact The Law Place Today
Here at The Law Place, we have been dealing with personal injury accident cases in Fort Myers for a number of years. We see a lot of distracted driving cases in Fort Myers and know exactly how to go about seeking the maximum compensation you deserve after an accident. Once you call us for a free consultation, you will have a dedicated Fort Myers car accident lawyer, ready to fight your personal injury case following your car accident.
Our phone lines are always open, every day of the week. So, give us a call today and let us take some of the stress from your shoulders.
Our number is (941) 444-4444.