Distracted Driving Accidents
Fort Lauderdale Lawyers Asserting the Rights of Car Crash Victims
Distracted drivers who are focusing on something other than the road cause many serious accidents. These crashes can leave victims with devastating injuries and significant costs. Blakeley Law Firm advocates for residents of Fort Lauderdale and the surrounding communities who are victims of car accidents. We have dedicated our entire practice to pursuing the compensation that they deserve. Attorney Jarrett Blakeley takes the time and care needed to explain the legal process to his clients so that they understand how their cases may unfold.
Distracted Driving Poses Significant Risks
In 2013, Florida enacted a law banning people from texting while behind the wheel. If a driver is caught texting, he or she must pay a fine and possibly receive points against his or her license if an accident results. Nevertheless, a study by the Florida Department of Highway Safety and Motor Vehicles found that distracted driving is a factor in more than 2,000 car crashes annually.
Aside from texting, there are various other dangerous distractions that can lead to hazards on the road. Drinking and eating, as well as grooming or putting on makeup, can distract drivers from paying proper attention to traffic. Individuals focusing on objects inside or outside the car can cause severe accidents that may change the lives of victims forever.
File a Negligence Claim to Pursue Damages
People who cause accidents because they are not paying proper attention behind the wheel should be held liable for the injuries that result. To do this, the person bringing a claim, or plaintiff, must establish that the driver acted negligently. To prove negligence, he or she must show the following elements:
- The driver owed the victim a duty of care to act as a reasonable and prudent person would act in a similar situation;
- The driver breached that duty of care by failing to pay attention to the road;
- The breach caused the victim’s harm; and
- The victim sustained damages as a result.
Being distracted by a phone, or another person or activity, can indicate a breach of the duty of reasonable care. Once a victim proves the elements of negligence, he or she may recover damages for any injuries that stemmed from the accident. Forms of compensation may include past and future medical expenses, property damage, and lost wages or earning capacity, as well as pain and suffering.
In Florida, personal injury claims must be filed within four years from the date of the accident. When a collision has led to a fatality, family members may file a wrongful death claim to recover damages for medical costs as well as burial and funeral expenses or loss of consortium. These actions must be filed within two years of a victim’s death. Because of the time constraints, it is important to consult a knowledgeable attorney who can take steps on your behalf to protect your legal rights.
Seek Guidance after a Motor Vehicle Accident from a Broward County Attorney
If you have been harmed by the careless behavior of a distracted driver, motor vehicle collision lawyer Jarrett Blakeley at the Blakeley Law Firm can help you explore your legal options in Broward County or beyond. Our firm values its clients, and we are devoted to making sure they feel at ease and understand their rights and the legal process. We also serve clients in Miami-Dade and Palm Beach Counties, as well as throughout South Florida. You can reach us through our online form to set up a meeting where we can explore your options.