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At first glance, checking a text message or taking a sip of coffee behind the wheel of a car seems like harmless actions that, in just seconds, could have devastating consequences. Distracted driving is now one of the most serious road problems in Florida, where one in seven accidents is caused by a reckless driver who did not react in time to avoid a collision with another car, a pedestrian, or a cyclist.
If you or a close family member has been the victim of an incident as regrettable as this, do not hesitate to seek the advice of a distracted driving accident lawyer in Miami who can evaluate your legal options to file a claim and receive the fairest compensation for your damages. At Gallardo Law Firm, you can obtain the most objective answer to each of your questions and receive permanent support tailored to your needs.
According to the National Highway Traffic Safety Administration, distracted driving refers to any action that diverts a motorist's attention from the road. These distractions can be classified into three types: cognitive, when the driver's mind wanders to something unrelated to driving; visual, when their eyes are momentarily off the road; and manual, when their hands are removed from the steering wheel.
Among the most common mistakes that this institution points out are:
Any of these activities constitute a potential danger on the road. However, they are rarely reported as a crime because the nature of the crime is unknown, despite the fact that its consequences—invading another lane, not yielding the right of way, not detecting a nearby car, or the presence of a pedestrian or cyclist—can be catastrophic.
We live in the second state in the country with the highest number of accidents caused by distracted drivers. The numbers are alarming since, in the region, a crash or collision occurs every 44 seconds, and of these, one in seven is the result of a driver who diverted attention from the wheel for just a few seconds.
In 2023, almost 300 people lost their lives in this type of incident, 23 more than those registered in 2022. Other statistics on the subject reveal that the weekly average of distracted driving accidents in Florida exceeds a thousand cases, with an increase of close to 26% over the last four years. The problem is so serious that around 92% of drivers across the United States have admitted to using their cell phones in some capacity while driving.
The Florida Ban on Texting While Driving Law was introduced in 2019 to address this dilemma. According to the law, texting while behind the wheel of a moving vehicle can be considered a primary offense, so the police are authorized to stop the vehicle.
The regulation is especially strict in school or construction zones, where the use of cell phones or other wireless communication devices is prohibited, even if the car is temporarily stopped. In these cases, monetary penalties and points on the license are much more severe.
The first violation of this regulation carries a penalty of up to $30, while a second offense can result in a penalty of $60 and the accumulation of three points on your driver's license.
The only exceptions allowed are the use of cell phones to report emergencies and to be aware of alerts about traffic accidents, emerging weather situations, or any other eventuality that warrants them. The law does authorize the use of hands-free systems for calls or some other form of voice communication.
After the actual incident, we recommend that you first call 911 so that medical attention can be provided to each involved and an official report of what happened can be made, which can later be a fundamental part of the material evidence supporting your claim.
If your injuries allow you to do so, you must share contact information with the other driver and any possible witnesses to the crash. Here you will be able to include names, insurance information, and cell phone or email, among other relevant details. Try to take photos or videos of your most visible injuries, the condition of your car, sudden braking marks on the road, and any other evidence that helps to understand the context of what happened.
With this evidence and with our representation, you could obtain compensation for the economic damages suffered, including immediate and long-term medical expenses such as physical therapy, surgeries, or necessary medications. You could also claim the loss of income due to a reduction in your work capacity or prolonged absences from your job, as well as the costs of repairing or replacing your vehicle.
The compensation claim also focuses on non-economic damages such as chronic pain or emotional suffering caused by the collision, especially if the injuries were so severe as to cause temporary or permanent disabilities and even the death of a family member or loved one.
Distracted driving accident lawsuits in Miami present unique challenges, especially since the driver's recklessness may have lasted only a few seconds, making it difficult to obtain solid, irrefutable evidence. Our team tackles these obstacles through detailed investigation and deep knowledge of the laws that apply to your particular circumstances.
Our personal injury attorneys will be an invaluable asset to you, and their advice will make all the difference in the favorable outcome of your claim. You can count on us to:
We also guarantee the strictest compliance with the time limit established by law for these claims, which can be up to four years, counting from the moment the collision occurred. If the crash caused a death due to negligence, the statute of limitations is reduced to two years.
There are no feelings that paralyze more than being frightened, the uncertainty of what may happen next, and the insecurity that a traffic accident causes in its victims. But these emotions, although normal, cannot stop you; they cannot destroy your desire to overcome the tragedy and recover, not only from your physical injuries but also from the financial damages and the effects on your mental health.
Every second counts, and the time to schedule a free consultation is now. Call us at (305) 261-7000 or visit our offices in Miami or Hialeah. Regain control of your fears and start rebuilding the life you and your family deserve today.