Distracted Driving Accidents

Driving a car in Florida is a privilege, not a right. When people get behind the wheel, they have a responsibility to pay attention to the road and stay focused at all times. Unfortunately, many drivers get distracted while operating a vehicle, thus posing a risk to everyone around them. If you or someone close to you was hurt in a collision in the Fort Myers area due to a distracted driver, you should seek the assistance of an experienced car accident lawyer. At Lusk, Drasites & Tolisano, we have helped numerous individuals seek the justice and compensation they deserve after an accident, and we can help you as well.

Hold a Distracted Driver Accountable after an Accident

The Florida Department of Transportation defines distracted driving as any mental or physical activity that takes an individual’s focus off the task of handling a vehicle. When a person’s attention is not on the road, the likelihood of an accident increases greatly. The United States Department of Transportation estimates that a person was hurt every 75 seconds in a collision caused by a distracted driver in 2012.

Drivers can be distracted in a variety of ways, including using their cellphones to talk or text, eating or drinking, putting on makeup, smoking, or fidgeting with the radio or GPS system. Given the high risks associated with distracted driving, Florida State Statute 316.305 prohibits texting while driving in the State of Florida.

A personal injury lawsuit may be filed against an individual who caused harm to someone else because of distracted driving. This type of claim is rooted in the theory of negligence, which is the failure to use the appropriate level of precaution when undertaking a certain activity. In the context of operating a motor vehicle, each driver is required to use at least as much care as an ordinary, prudent person would use in the same circumstances. To prevail on a negligence claim, the victim must establish the following:

  • The distracted driver owed the victim a duty to exercise reasonable care, which is usually straightforward to establish in car accident cases;
  • The defendant breached the duty of care by engaging in a distracting activity, such as by texting and driving;
  • The distracted driver’s breach was a direct cause of the victim’s resulting injuries; and
  • Quantifiable damages arose that can be compensated.

Once negligence is established, an injured person can typically seek compensation for costs and losses such as medical expenses, lost income and benefits, pain and suffering, property damage, and any other expenses stemming from the accident.

Distracted driving is not to be taken lightly. In some serious accidents, victims may tragically lose their lives. If your loved one was killed by a distracted driver, you may be able to file a wrongful death claim in Florida. These lawsuits often are brought by close family members of an accident victim, seeking compensation for medical and burial expenses as well as lost earning capacity and damages based on their relationship to their lost loved one.

Seek Compensation for Your Injuries by Enlisting a Naples Lawyer

Drivers who fail to take proper care behind the wheel should be held accountable for any harm they cause. At Lusk, Drasites & Tolisano, our injury attorneys can help residents of Naples and the surrounding communities assert their rights after a motor vehicle collision. We proudly represent individuals from cities throughout Collier and Lee Counties, including Cape Coral, Lehigh Acres, and Port Charlotte. Call us toll-free at (800) 283-7442 or contact us through our online form to set up a free consultation.