Distracted Driver Accidents

Each year, many people in Florida are harmed in accidents caused by distracted driving. Coping with these potentially traumatic events can be challenging, but you do not have to face them alone. At Cohn & Smith, our capable Pembroke Pines distracted driving accident lawyers have over 65 years of combined experience assisting injured individuals. We understand the nuances of the law that applies to these claims and can help you assert your right to the compensation you deserve.

Unfortunately, drivers are often multi-tasking or preoccupied behind the wheel. The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that could divert an individual’s attention away from the primary task of operating a vehicle. Examples of this behavior may include texting while driving, putting on makeup, eating or drinking, or engaging excessively with passengers in the car in a way that detracts from concentration on the road.

Distracted drivers who cause harm to others may be held accountable by any injured individual. Typically, an accident victim can file a negligence lawsuit against the person who caused the crash. Negligence is a legal principle designed to hold people and entities accountable for their carelessness or recklessness. When car accidents are involved, it is usually defined as the failure to use reasonable care when operating a vehicle. Each driver on a Florida road is expected to act with at least as much caution and prudence as the typical person would use under similar conditions.

A claim of negligence may be established by demonstrating several key elements by a preponderance of the evidence, which means that they are more likely than not to be true. In addition to showing that the distracted driver owed the victim a duty of care, the person bringing the claim must point to a specific act or course of conduct that breached this duty. There also must be proof that the breach led directly to the accident, or that the harm would not have happened if the defendant had met the standard of reasonable care. Similarly, the collision must have been reasonably foreseeable rather than the product of an intervening cause that someone in the defendant’s position could not have expected.

The final element of a negligence claim consists of identifying actual damages that were incurred by the accident victim. These can vary depending on the circumstances and on any conditions that are distinctive to the injured person. Often, however, a victim can seek compensation for medical expenses, lost income, property damage, the costs of future treatment, pain and suffering, and other costs that arose from the accident.

It is important to be aware that acting quickly after a crash can be vital to asserting an injured person’s legal rights. Under Florida law, an individual has four years from the date of an accident to file a lawsuit against any party responsible for it. Complying with this time window, known as the statute of limitations, is virtually essential to maintain the opportunity to pursue compensation.

If you or someone in your family has been harmed by a driver’s distracted behavior, you should take the time to consult a qualified legal professional. At Cohn & Smith, our experienced car accident attorneys have helped injured residents of Hollywood and other South Florida cities hold other parties accountable for harming them. Many of our clients have come from Sunrise, Tamarac, and Aventura, among other locations. To learn more, contact us online or call our Pembroke Pines distracted driving accident attorneys at 954-431-8100.