Seminole Distracted Driving Accident Attorney
Hand-held cell phones are the targets of many distracted driving campaigns in the Sunshine State. But statistically, these gadgets only account for a small number of distracted driving wrecks. Non-device distraction, such as drinking or eating while driving, is a much bigger problem. So is legal device distraction. Driving while using a hands-free speakerphone is as bad as driving drunk.
Therefore, in Florida distracted driving claims, both the negligence per se rule and the ordinary negligence doctrine are available. Florida has one of the least-restrictive cell phone laws in the country. Since it usually only applies to texting while driving, this law doesn’t come up very frequently. However, driving while distracted clearly violates a driver’s duty of reasonable care. If a breach of duty causes injury, the tortfeasor (negligent driver) is liable for damages.
The diligent Seminole distracted driving accident attorneys at The Reep Law Firm are committed to upholding the legal and financial rights of accident victims. This commitment begins with a thorough case review. Then, our professional team hits the ground running. We collect evidence that supports your claims and refutes insurance company defenses. As a result, when the case goes to court, we are well-positioned to obtain maximum compensation for your serious injuries.
Evidence in Distracted Driving Claims
Physical evidence from the scene, the police accident report, eyewitness statements, and medical bills are the primary sources of evidence in a personal injury claim.
Device use logs are often critical in device distraction cases, whether the device was hands-free or hand-held. If the log indicates the tortfeasor only used the device once in the moments leading up to the crash, that use might not constitute a breach of care. However, if the tortfeasor used the device repeatedly, that’s different.
This valuable evidence is often unavailable for trial. Frequently, the tortfeasor “accidentally” deletes it. The data may still be on the device, but it’s much more expensive and time-consuming to obtain it.
So, in the wake of a wreck, a Seminole distracted driving accident attorney usually sends a spoliation letter to the tortfeasor. This letter creates a legal duty to preserve all possible evidence, including electronic evidence, for later inspection.
Speaking of electronic evidence, attorneys use the same approach to preserve other kinds of electronic evidence, such as a vehicle’s Event Data Recorder. A car’s EDR is a lot like a commercial jet’s black box flight recorder. So, the sooner an attorney gets involved in a claim, the better the final outcome usually is.
Third Party Liability
Individual drivers are legally and morally responsible for damages. Frequently, a third party is financially responsible for damages.
Distracted driving-related ridesharing collisions are a good example. These commercial operators depend heavily on their devices for many reasons. As mentioned, hands-free gadgets aren’t much safer than hand-held devices. Hands-free users take their eyes off the road and their minds off driving. Furthermore, hands-free devices give users a false sense of security.
Employers are financially responsible for damages if their employees are negligent during the course and scope of employment. The employer-employee relationship could be something less concrete, like a company-independent contractor relationship.
Vicarious liability is especially important in catastrophic injury and wrongful death claims. Frequently, individuals don’t have enough insurance covers to fully compensate these victims and survivors.
Reach Out to a Compassionate Pinellas County Attorney
Injury victims are entitled to substantial compensation. For a free consultation with an Seminole experienced distracted driving accident attorney, contact The Reep Law Firm. Attorneys can connect victims with doctors, even if they have no insurance or money.
