While it is legal to smoke or vape with children in the car, it can lead to distracted driving and cause accidents. When it does, the driver may be at fault for another party’s injuries and losses.
If you’ve been injured by a smoking or vaping driver who was negligent, you may be able to recover compensation. A Fort Lauderdale distracted driving accident lawyer can help.
Is It Legal to Smoke or Vape With Children in the Car in Florida?
While there has been recent legislation trying to ban the practice, it is still legal to smoke or vape with children in the car while driving in Florida. However, just because it is legal doesn’t mean it is safe.
Smoking or vaping can both create distractions that lead to inattentive and sometimes dangerous driving. This is unsafe for both the children in the vehicle and others on the road. When it leads to an accident, a Fort Lauderdale car accident lawyer can help.
Why Is Distracted Driving Dangerous?
Whether it is reaching for a cigarette or changing a vape cartridge, these habits can lead to hands off the steering wheel and eyes off the road. When someone looks away from the road for as little as five seconds, they can travel the length of a football field when going 55 mph.
In that distance, the driver could run a red light or fail to see someone merging in front of them. Distracted driving can lead to serious harm, and a Fort Lauderdale personal injury lawyer can help you pursue fair compensation if it does.
In 2024, according to the National Highway Traffic Safety Administration, there were 315,167 injuries due to distracted driving.
How Is Distracted Driving Proven?
If a driver is smoking or vaping, it doesn’t necessarily mean they were distracted. Proving that they were distracted and, thus, negligent is vital to a successful personal injury claim. Your lawyer will investigate to prove this.
What Defines Negligence?
Negligence is legally defined by four key elements:
- Duty of care: The driver had a responsibility to keep others safe, whether other drivers or those in their own vehicle. Following traffic laws, for example, upholds a duty of care.
- Breach of duty of care: The driver acted carelessly or recklessly.
- Causation: The breach led directly to an accident.
- Damages: Other parties suffered losses due to the driver’s actions.
Proving Negligence
A distracted driving accident lawyer can investigate the crash to prove that another party was negligent.
In cases of distracted driving, helpful evidence can include:
- Witness statements
- Video footage, such as from traffic cameras
- The driver’s own admissions, like saying, “I only looked away for a moment.”
- Phone records
- Police reports, which often contain the responding police officer’s assessment of fault
- Physical evidence, such as skid marks or a lack of them
What Compensation Can Be Recovered in a Distracted Driving Accident?
If a driver’s smoking or vaping led to a distracted driving accident, you may be able to recover compensation for the losses you suffered. Fair compensation accounts for economic and non-economic losses resulting from the accident.
These can include:
Economic Losses
These are the financial costs of an accident, both immediately and in its aftermath.
They can include:
- Emergency medical care
- Diagnostic tests
- Hospital stays
- Doctor appointments
- Surgeries
- Prescription medications
- In-home or long-term medical care
- Home or vehicle modifications
- Mobility aids
- Property damage
- Lost income
- Diminished earning capacity
Non-Economic Losses
These are accident losses that don’t necessarily have a financial cost.
They can include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Permanent disability
- Disfigurement and scarring
- Loss of quality of life
Call or text 800-431-9252 or complete a Free Case Evaluation form
Florida Laws Affecting Distracted Driving Accident Cases
While it is not illegal to smoke or vape with children in the car, it is legally negligent to drive distracted in Florida. There are two primary laws that can impact your distracted driving accident case.
Florida uses a modified comparative negligence rule. This means that an injured party can seek compensation when they are 50% or less at fault. However, your recoverable compensation is reduced by your percentage of fault.
Additionally, all personal injury cases are under a legal deadline. In Florida, you typically have just two years to file a personal injury lawsuit.
How Can a Personal Injury Lawyer Help With Your Case?
Distracted driving is sometimes difficult to prove, especially when the distraction is not related to texting and driving. Your lawyer can carefully investigate to gather evidence that strengthens your claim.
They can also:
- Handle all communication with insurance companies
- File all necessary paperwork
- Negotiate for a settlement that addresses the full scope of your losses
- Represent you in court, if necessary
Your lawyer will also answer any questions you have, move quickly on your case to ensure timely filing, and help you feel supported during the legal process.
Contact a Fort Lauderdale Distracted Driving Accident Attorney Today
Is it legal to smoke or vape with children in the car? While it is not illegal to smoke or vape with children in the car, it can still lead to dangerous situations. If you were injured by a distracted smoking or vaping driver, then a distracted driving accident lawyer in Fort Lauderdale can help.
The legal team at Blakeley Car Accident & Personal Injury Lawyers has fought for injury victims and their families since 2013. We work on a contingency fee basis, so you only pay our fees if we recover compensation for you.
Contact us today and get started on your case with a free consultation.
