We live in a world filled with distractions that can cause drivers to lose focus and attention on the task of safe driving. In an active place like Miami, this is particularly true. Driving distractions are extremely dangerous, however, resulting in some of the most serious car accidents on the roadway. If you have suffered distracted driving accident injuries in Miami that have created expenses and impacts beyond what your personal injury protection (PIP) policy can compensate, an experienced distracted driving accident injury lawyer can help you understand the process of seeking compensation through a personal injury lawsuit.
The Most Common Distracted Driving Accident Injuries
Distracted driving, often referred to as driver inattention, occurs when something inside or outside of the vehicle causes the driver to:
- Take his or her hands from the wheel. This is known as a manual distraction.
- Take his or her mind from the task of driving safely, which is known as a cognitive distraction.
- Take his or her eyes away from watching the roadway, which is known as a visual distraction.
Driver inattention can result in some of the most catastrophic accident injuries around. According to the National Highway Traffic Safety Administration (NHTSA), more than 3,000 people lose their lives on U.S. roadways each year as a result of driving distractions. Many thousands more suffer serious injuries such as:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Damage to the vertebrae and spinal discs in the back and neck
- Soft tissue injuries
- Lacerations
- Limb amputations
- Thermal or chemical burns from fire, gasoline, or other caustic fluids used in vehicles
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Who Is Responsible for My Distracted Driving Accident Injuries?
Most states have traffic laws that prohibited individuals from operating a motor vehicle while engaging in highly distracting activities such as texting and other cell phone use. Beyond specific laws, drivers have a duty of care to operate their vehicles in a way that does not endanger the lives and safety of other people. In order to prove liability in your distracted driving case, the following elements must be shown:
- The at-fault party owed you a duty of care. The duty of care refers to the way a reasonable driver would have responded in similar circumstances. A reasonable driver, out of concern for their own safety as well as that of others, would avoid becoming visually, manually, or cognitively distracted by something inside the vehicle or an external distraction while driving.
- There was a breach in the duty of care. The breach refers to the actions that the driver took that were contrary to the duty of care that was owed. Becoming distracted while driving is a breach in many cases.
- The breach resulted in an accident, which caused you to incur personal injury and subsequent out-of-pocket expenses and impacts your quality of life.
What Are the Next Steps After Getting Injured in a Distracted Driving Accident?
If you’ve been injured in an accident with a distracted driver, here are the steps you need to take:
- Call 911 or have an occupant of your car or a witness at the scene call.
- Gather the necessary information from the other driver, including the driver’s name and contact information, the insurance carrier’s name and policy number, and the make and model of the vehicle.
- Obtain evidence from the scene, including the contact information of any witnesses to the accident, the name and badge number of the police officer who investigated the accident, and photos of the damage to the vehicles involved.
- Seek medical attention, even if you don’t feel like your injuries are serious enough to require medical treatment. Many injuries present with delayed symptoms. It is better to be evaluated promptly by a physician to be sure that your injuries are not more serious than you originally thought.
- Contact an attorney who can begin working on your claim.
How Can a Lawyer Help Me After I Am Injured in a Distracted Driving Accident?
If you have suffered injuries in Miami in this type of accident, a distracted driving accident injury lawyer can provide a number of services focused on ensuring you are able to recover the maximum amount of compensation available to you for the expenses and impacts of your accident. Some of those services include:
- A free case evaluation, which is time for you to learn more about your legal options and obtain answers to the questions you have about your case.
- A valuation of your case based on the expenses and psychological impacts of your injury that you have already incurred as well as those you will likely incur in the future.
- A determination of all sources of liability and all insurance resources available to compensate you.
- Settlement negotiations in an attempt to obtain a fair offer on your behalf.
- Gathering and organizing evidence and witness testimony.
- Litigation.
- Assistance collecting your settlement or award.
Contact an experienced Miami distracted driving accident injury lawyer to discuss your options.
