Distracted Driving Accidents

Whether they are focused on texting, eating, talking to another passenger, or something else happening in the vehicle, distracted drivers are causing more and more accidents every day. The car crash attorneys at Frankl Kominsky are prepared to assist you if you were hurt by a careless motorist in West Palm Beach. We are experienced litigators who can assert your right to damages and help you seek the compensation you deserve. Give us a call today if you were harmed by a distracted driver.

Distracted driving occurs whenever anything takes a motorist’s attention off the road. Driving requires both mental and physical focus. To operate a car safely, a driver must be aware of other motorists, road conditions, and his or her surroundings.

Unfortunately, some motorists do not give their full attention to safely operating their vehicles. Many people become distracted by:

• Other passengers in the vehicle;
• Grooming, eating, or drinking;
• Objects on the road; or
• Electronic devices, such as cell phones.

Many distracted driving accidents are attributed to the ubiquity of cell phones. According to the National Safety Council (NSC), an estimated 21 percent of highway crashes in 2012 were caused by motorists who were talking on their cell phones, which includes those talking on a hands-free or handheld device. The NSC also estimates that at least another five percent of accidents were caused by drivers who were texting at the time.

If you were hurt by a distracted driver, you have the right to take legal action. If you can prove that the motorist’s carelessness caused your injuries, you may be able to get compensation.

Victims of car accidents typically seek damages through lawsuits based on the theory of negligence. This requires an injured person to show that the defendant failed to use the care that a reasonable person would exercise under the same circumstances. The victim must establish that the defendant owed him or her a duty of care, violated this obligation, and harmed the victim as a consequence. Also, the victim must show that his or her injuries resulted in quantifiable damages.

Florida drivers are required to use care when they operate their vehicles. This includes keeping their focus on the task of driving and avoiding any distractions. If a driver becomes distracted at the wheel and strikes another motorist or pedestrian, the victim can seek to hold that careless motorist accountable for any harm caused.

Florida does not ban the use of cell phones while driving, but it does ban texting while driving. The state imposed the ban in 2013, but it is only a secondary traffic offense. A person cannot be cited for texting while driving unless an officer first stops the driver for another traffic infraction, such as speeding. If a driver causes an accident and was texting while driving, his or her phone bills may be admitted as evidence to show that he or she was texting when the accident occurred.

If you succeed in your claim, you may recover damages for injuries related to the distracted driving accident. You could potentially recover compensation for medical expenses, damage to your vehicle, lost income, pain and suffering, and more. You have two years from the date of the crash to initiate a personal injury claim in Florida.

The auto accident lawyers at Frankl Kominsky are committed to providing capable representation to people who have been injured in and around West Palm Beach. We have represented car crash victims in a broad range of cases, including many claims arising from distracted driving. Our team will explore the facts of your case and discuss any legal options that you may have. If we move forward with your case, you can depend on our tenacity and knowledge of the law to pursue the compensation that is appropriate for your injuries. Our clients come from communities throughout Palm Beach County, including West Palm Beach, Palm Beach Gardens, and Boca Raton. Call us today at (855) 800-8000, or complete our online form to schedule a free initial consultation. We are fluent in Spanish and Creole.