Carrollwood Distracted Driving Accident Attorney
The rise of Uber, Lyft, and other ridesharing companies has dramatically increased the number of distracted driving accidents in Florida. Frequently, these drivers over-depend on GPS navigation devices. The distracted driver dilemma was already significant, and devices aren’t the only culprit. Other forms of distracted driving include eating or drinking while driving. Many people multitask their way through their days. So, they incorrectly assume they can do the same thing while they drive.
The experienced Carrollwood distracted driving accident attorneys at Moore Law routinely handle these matters throughout the Tampa Bay area. So, we are familiar with all procedural rules, even the unwritten ones. Because we know the rules so well, we can focus exclusively on winning the game. So, we are well-positioned to obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Distracted Driving and Negligence Per Se
Basically, negligence per se is a violation of a safety law, such as the cell phone law. Tortfeasors (negligent drivers) who violate such laws are presumptively liable for car crash damages. Additional evidence on this point usually includes the tortfeasor’s statements about device use as well as the device’s use log.
Unfortunately for victims, the cell phone law in the Sunshine State is one of the narrowest ones in the country. It usually only bans talking or texting on a phone while driving. It doesn’t cover any other activities, like surfing the web, changing a song, or watching a video.
Florida’s reckless driving law could apply to non-device distraction. This law applies if anyone “drives any vehicle in willful or wanton disregard for the safety of persons or property.” That broad definition could apply to almost any driving infraction.
Peace officers almost never issue these citations for distracted driving violations, even if the tortfeasor caused a crash. Instead, officers usually issue these citations to multiple or repeat violators, like a person zipping between lanes without signalling.
Distracted Driving and Ordinary Negligence
Therefore, most device and non-device distracted driving claims hinge on the ordinary negligence doctrine. Usually, ordinary negligence is a lack of reasonable care. Uber drivers, bus drivers, and other commercial operators have a higher duty of care.
If drivers breach (violate) the applicable duty of care, they could be liable for the aforementioned damages. Evidence of a breach includes:
- Erratic driving before the wreck,
- Foreign objects in the passenger area (g. a phone or a sandwich), and
- Tortfeasor’s statements about distracted driving.
Many motorists in these situations freely admit they were not watching the road. They often believe that failure to watch the road excuses their behavior. Instead, they are admitting they were negligent in many cases.
Jurors must draw the line between a one-off mistake and a lack of care. Assume Tony turned his head to speak to Maria right before he hit Anita. Technically, Tony was driving while distracted. But his behavior probably doesn’t constitute a breach of duty. If Tony was having a lengthy, heated argument with Maria while he drove, that’s different.
Connect with an Experienced Hillsborough County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced distracted driving accident lawyer in Carrollwood, contact Moore Law by going online or calling 813-510-5400. Attorneys can connect victims with doctors, even if they have no insurance or money.