Hit By a Distracted Driver in South Florida?
Throughout South Florida (and the nation), drivers are supposed to prioritize the safety of others. Distracted driving is a direct violation of this rule of the road and, in legal terms, the “standard of care” they owe to others. If you were involved in an accident, and can prove that the other driver was distracted, you may recover compensation for any damages you've suffered.
Every case is different, but most distracted driving accident claimants are compensated for:
- Hospital bills and other medical expenses
- Lost wages and benefits
- Follow-up care and long-term treatment
- Vehicle repairs
- Pain and suffering
- Emotional distress
If an accident proves fatal, the victim’s loved ones may file a wrongful death claim to seek damages related to their bereavement.
Don't Settle for Less Than You Deserve
We never settle for less compensation than our clients deserve. If you have been seriously injured, you need a tough and dedicated firm like Schlesinger Law Offices, P.A. on your side. Often, proving a distracted driving claim takes an investigative team that won’t back down. We have the resources and determination to pursue these cases.
Call Schlesinger Law Offices, P.A. if you have questions about a distracted driving accident case. We are here 24/7 to help.
Proving a distracted driving accident claim requires more legal expertise than most people think.
This is because it is usually necessary to:
- Subpoena phone records
- Interview witnesses/conduct depositions
- Consult industry experts
- Reconstruct the accident
- Check out and study the police report
- Seek out and review footage of the accident
A Fort Lauderdale distracted driving accident attorneys can walk you through the process of how to file a claim against a negligent driver. Better yet, we can take care of every aspect of your case, from depositions to accident reconstruction, to identifying what type of driver distraction led to the accident.
Learn more about how we can help with your personal injury case during a free initial evaluation. Give our award winning attorneys a call at (954) 467-8800, or contact us online to schedule a time to speak with a member of our team.
$30.5 Million Car AccidentsThe firm won $30.5 million in compensation for the family of a man who sustained a brain injury in a car accident.
$30 Million Car AccidentsJohnson V Prada - $30 Million verdict after Mr. Johnson suffered brain damage from an auto accident.
$15.7 Million Car AccidentsRoster v Florida Dept of Transportation - $15,737,000 verdict. Mr. Roster was struck by a drunk driver and left a quadriplegic.
Proving distracted driving can be difficult—after all, the other person isn’t likely to offer that they were looking at their phone or trying to change the radio station when they hit you. If you don’t have someone to represent your needs, you may be denied the compensation you deserve. Here’s what you should do if you’re making a claim against a distracted driver—and how our team can help.
Preparing to File Your Claim
The steps you take directly after a car accident can either set you up for a successful claim or put you in a precarious position.
After an accident, you should always:
- Call the police
- Exchange contact information with other involved parties
- Speak to any witnesses on the scene
- Take pictures of the scene and make notes about what happened
- Visit a doctor
The more you know about how the insurance claims process works, the more you can do to prepare yourself. And, the more information you have on your side, the more we can do to investigate the other party. If you have any questions, our attorneys are happy to answer them.
Proving Distraction Played a Role
In Florida, for every percentage point of fault you are assigned, your settlement will decrease. Finding strong proof of the other party’s negligence is therefore the best thing you can do to maximize your claim. Our attorneys have the investigative skill to search out and preserve evidence that will work in your favor. Here’s what we can do to find proof the other driver was distracted.
Request Phone Records
If you saw the at-fault driver holding their phone right before they hit you, we may be able to find proof they were using it. Their service provider has logs of all their texts and calls; our attorneys can request them to see whether there was activity in the time around your accident. We can also check their social media profiles, using timestamps to determine whether there was any activity in the minutes or seconds leading up to the collision.
Check the Police Report
Police are trained to use clues to examine an accident scene for any clues to who caused it. Anything they notice when responding to your crash and interviewing the drivers and witnesses will end up in their final report. Our team can request a copy to see what the police thought—and whether it supports your claim that the other driver wasn’t paying attention.
Reach Out to Witnesses
If you were able to get contact information from any witnesses to the accident, we can reach out and interview them about what they saw. Because third-party witnesses have no stake in the outcome of an accident claim, their claims are often more credible than either of the drivers’ statements.
Look for Footage of the Wreck
Dashboard, traffic, or surveillance cameras often catch collisions from an angle that provides a full view of a driver’s actions. Determining whether any footage exists may take some work, including visiting the accident scene to see whether any businesses or other entities nearby may have captured it. However, this footage can be extremely valuable in proving another party’s fault, which is why our attorneys take the time to look into all possible sources.
Types of Distracted Driving
At Schlesinger Law Offices, we can help with all types of distracted driving accident claims in Fort Lauderdale, FL. We know how to investigate a case to identify driver distraction, even when it does not seem obvious. Don’t let a distracted driver and their insurance company take advantage of you.
There are three main types of distracted driving, according to the CDC:
- Visual distractions, which take your eyes off the road
- Manual distractions, which take your hands away from the wheel
- Cognitive distractions, which take your attention away from the road
Given the wide range of activities these guidelines encompass, it would be nearly impossible for any state to ban all types of distractions. However, the at-fault driver didn’t have to be breaking a law for their actions to be cited as the cause of your accident. All you have to be able to prove is that the driver was distracted and that this caused them to hit you.
Examples of Distracted Driving
Most types of distracted driving fall into more than one of the above categories.
A few examples include:
- Using social media
- Talking on the phone
- Talking to passengers
- Eating and drinking
- Putting on makeup/fixing your appearance
- Rubbernecking at accidents or other things on the road
How Can An Attorney Help With a Distracted Driving Accident Case?
A distracted driving accident attorney can provide valuable assistance with your case in several ways:
- Legal expertise: Our attorneys have a deep understanding of the legal system, relevant laws, and regulations pertaining to distracted driving accidents. They can assess the strength of your case and provide knowledgeable guidance.
- Investigation and evidence gathering: Our attorneys can conduct a thorough investigation into your accident to gather evidence. This may involve obtaining police reports, interviewing witnesses, analyzing accident reconstruction reports, and collecting any available surveillance footage or other relevant evidence to support your claim.
- Determining liability: Our team will work to establish liability by proving that the other driver was distracted and that their negligence directly caused the accident and your injuries.
- Negotiating with insurance companies: Dealing with insurance companies can be challenging, especially when it comes to distracted driving accidents. Insurance companies may try to minimize your claim or deny liability. An experienced distracted driving accident lawyer from our firm can handle all communication and negotiations with the insurance company on your behalf to ensure your rights are protected and you receive fair compensation.
- Calculating damages: Determining the full extent of your damages is crucial in a distracted driving accident case. Our attorneys will assess your medical records, consult with healthcare professionals, and consider factors such as medical expenses, lost wages, pain and suffering, and future damages. They will help you seek the maximum compensation you deserve for your injuries.
- Representing your interests in court: If a fair settlement cannot be reached through negotiations, our legal team will be prepared to take your case to court. We will advocate for your rights, present your case effectively, and fight for the compensation you deserve in front of a judge or jury.
By enlisting the help of our Fort Lauderdale distracted driving accident lawyers, you can focus on your recovery while we handle the legal aspects of your distracted driving accident case. We will work diligently to protect your rights, seek fair compensation, and provide you with peace of mind throughout the process.
Don’t Settle for Less—Work with Skilled Car Accident Attorneys in South Florida
If you have been the victim of an auto accident, we want to hear from you. Our Fort Lauderdale distracted driving accident attorneys are here 24/7 to take your call. We have the knowledge, skills, and resources to pursue even highly complicated claims. Not only do we have over 70 years of experience, but our track record also amounts to millions of dollars won in compensation.
If you need a good lawyer call David Silverman.