Orlando Car Accident Lawyers for Distracted Driving Victims
Understanding Distracted Driving Accidents in Orlando
When drivers take their focus off the road, they become increasingly more likely to be the cause of a motor vehicle accident which can do serious harm to any victims. When otherwise innocent motorists are hurt in accidents due to distracted drivers, they can file a claim for compensation for the injuries they sustain with the help of a resilient Orlando car accident lawyer.
Legally Pink Law has handled thousands of injury cases in our more than 30 years of combined legal experience. In this time we have recovered millions of dollars for our clients thanks to our deep understanding of injury law and tireless pursuit of damages.
Schedule your free consultation today by calling (888) 979-4941.
Defining Distracted Driving: What You Need to Know
Distracted driving is any activity that diverts a driver's attention away from the primary task of driving. These distractions can fall into three main categories:
- Visual Distractions: Taking your eyes off the road.
- Manual Distractions: Taking your hands off the wheel.
- Cognitive Distractions: Taking your mind off driving.
Identifying Common Driver Distractions
The biggest culprit in terms of driver distraction is cell phone use. Talk or texting while behind the wheel poses a serious threat to other proximate drivers.
Other distractions include:
- Reading
- Emailing
- Applying makeup
- Rubbernecking—observing something outside the vehicle
- Talking to other passengers in the car
- Tuning the radio
- Drinking or eating
Studies have shown that distracted driving, in particular driving while texting, can be every bit as dangerous as driving drunk. Distracted driving can preoccupy a driver’s hands, vision, and attention, meaning they are almost completely unaware of their driving.
Common Injuries Suffered by Distracted Driving Victims
Distracted driving accidents can result in a wide range of injuries, including:
- Traumatic Brain Injuries: Head-on collisions can lead to severe brain trauma.
- Broken Bones and Fractures: The force of an accident can cause fractures and broken bones.
- Soft Tissue Injuries: Sprains, strains, and contusions can result from the impact.
- Internal Injuries: Organ damage may occur in severe accidents.
- Psychological Trauma: Victims can suffer from emotional distress, anxiety, and post-traumatic stress disorder (PTSD).
Determining Liability in Distracted Driving Accidents
In distracted driving cases, liability can extend beyond the driver themselves. Parties that can be held liable for accidents include:
- The Distracted Driver: The individual directly responsible for the accident.
- Employers: If the driver was working at the time of the accident, their employer may be liable.
- Cell Phone Providers: In some cases, if it can be proven that a cell phone provider knowingly allowed a driver to use their phone while driving, they may be held accountable.
- Vehicle Manufacturers: If a defect in the vehicle's design contributed to the accident, the manufacturer could be liable.
How Our Orlando Attorneys Support Distracted Driving Victims
Our Orlando Distracted Driving Accident Attorneys are dedicated to helping victims of distracted driving accidents by:
- Investigating Your Case: We will conduct a thorough investigation to determine the cause of the accident and gather evidence to establish liability.
- Negotiating with Insurance Companies: We will handle all negotiations with insurance companies to ensure you receive fair compensation for medical expenses, lost wages, pain and suffering, and more.
- Filing a Lawsuit: If necessary, we will file a personal injury lawsuit on your behalf to hold responsible parties accountable.
- Advocating for You in Court: We will represent you in court, presenting a strong case to secure the compensation you deserve.
- Providing Emotional Support: We understand the emotional toll these accidents can take, and we are here to support you every step of the way.
Have Questions? GET ANSWERS
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What types of damages can I claim?
In all cases, there are two general categories of damages – economic damages and non-economic damages. You can be compensated for both past and future economic and non-economic damages.
Economic damages are things such as wage loss, mileage expense to go to doctor appointments, prescription costs, co-pays on insurance, over-the-counter medications, diminution in value to your car, etc. The other category is non-economic damages, which may include things such as pain and suffering, loss of enjoyment of life, emotional distress, etc.
The non-economic damages are often greater than the economic damages if the injuries are significant enough. Consult with an attorney for a full explanation of these types of damages.
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Are there deadlines for filing claims?
Yes. Under Florida law, there are very specific, detailed deadlines to file claims. If you do not meet these deadlines, you may be forever barred from bringing your claim forward.
These time restrictions are known as statutes of limitations, and they vary depending on the type of claim you are bringing. It is critical that you consult with an attorney as soon as possible after your incident so you can receive good legal advice on the time limits for filing a personal injury claim.
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How can I recover lost wages?
Wage loss is paid out under your Personal Injury Protection benefit, which happens to be mandatory coverage for auto insurance in the State of Florida. There are exceptions, such as when you elected to have your wage loss reimbursement excluded on your Personal Injury Protection (PIP) benefit when you obtained your policy.
Normally, people who have their wage loss benefits excluded are those who are not employed for some reason or another. You can also elect to have a standard PIP (which covers wage loss at 60%) or extended PIP (which covers wage loss at 80%).
You will need to provide proof of income in the form of a paycheck stub, income tax return, or some other verifiable means. The remaining percentage of your wage loss not covered by your PIP insurance will become part of your claim against the defendant driver.
When cases do not involve PIP coverage, the wage loss becomes part of the demand to the at-fault party. In most cases, proof of lost income is rather simple if the injured person receives a paycheck. For our clients who are self-employed, we work very closely with them to help them assemble the necessary documentation to prove the wage loss claim. Tax returns can be helpful in instances where clients are self-employed.
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How can I recover my out-of-pocket expenses?
Out-of-pocket expenses are always made part of your claim and are part of your economic damages that we seek to recover from the at-fault party. When your claim is presented to the at-fault party, we include your out-of-pocket expenses as part of the demand package.
If your case does not settle in what we call the "pre-suit phase," then your case will proceed to court where we will ask a jury for your out-of-pocket expenses as part of your economic damages on the verdict form.
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Will my insurance premiums increase if I report an accident to my insurance company?
Your insurance premiums should not go up if you are not at fault for the accident. It will be part of your insurance record, but if you are not at fault, your premiums should not increase.
In most situations, your own insurance company will go after the insurance company that insures the at-fault party to recover the costs it may have paid to you for things such as car repairs or additional medical expenses.
