Miami Distracted Driver Accident Lawyer
Driver distraction has always been a problem. But it has never been as much of a problem in the past as it currently is now, mostly thanks to smartphones. Whether you were hit by a distracted driver who was sending a text, daydreaming, or eating a burger, you have the ability to file a personal injury claim against them for negligent driving. The Miami distracted driver accident lawyer at Spencer Morgan Law will fight for you and your loved ones in your time of need.
Examples of Distracted Driving
There are three types of distraction when it comes to distracted driving: physical distraction, visual distraction, and cognitive distraction. Physical distraction occurs any time a driver removes their hands from the wheel. Visual distraction occurs any time a driver looks away from the road. Cognitive distraction occurs when a driver’s mind is not on the task of driving. Cell phones are the most dangerous type of distraction because they involve all three types of distraction. Examples of distracted driving include:
- Talking on the phone (hands free or not)
- Texting or reading a text
- Taking pictures
- Using social media
- Looking at or using a phone for any other reason
- Using or looking at a GPS device
- Talking to a passenger
- Staring out the side window
- Reading or looking at billboards
- Adjusting the radio/music
- Dealing with a child in the backseat
- Reaching for objects in the car
- Eating or drinking
Proving Distracted Driving
It is extremely unlikely that we will have to subpoena the other party’s phone records to win your case. In fact, it is not even necessary to prove that a driver was distracted; it is only necessary to prove that the driver caused the crash in general. This is often accomplished in the official accident report, which is conducted by law enforcement. However, sometimes the police get it wrong, or the other party’s insurance company fights back against the official accident report, in which case it may become necessary to prove that the other driver caused the crash because of X, Y, or Z. We can use witness statements, cam footage, expert witnesses, and crash scene reconstruction experts to accomplish this. Sometimes witness statements or the driver’s own statements to police may reveal that they were distracted, helping to prove that they were at fault in causing the collision. Examples include another party witnessing that the driver was looking down at their phone, or reaching for something in the passenger seat, or staring out the side window moments before slamming into the vehicle in front of them.
Call a Miami Distracted Driver Accident Attorney Today
Everyone is guilty of driving distracted from time to time—it is impossible to not daydream during long drives, for instance. But we can all take responsible measures to limit our degree of distraction, such as making it a rule to never text and drive. The distracted driver who hit you and caused your injuries clearly did not feel that it was worth being a responsible road user, otherwise the crash would not have occurred in the first place. Our Miami distracted driver accident lawyer at Spencer Morgan Law can be reached at 305-423-3800 today for a free consultation.