LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
October 24, 2024
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
✓ Fact Checked
✓ Editor
Distracted driving is incredibly dangerous. According to NHTSA, 3,522 people were killed in car crashes resulting from distracted driving in 2021. NHTSA defines distracted driving as any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system–anything that takes your attention away from the task of safe driving.
NHTSA also highlights texting as the most dangerous of all, taking your eyes off the road for 5 seconds typically. At highway speeds, vehicles travel the length of a football field during that time frame. To drive safely, all of your attention should be on the task of driving. With cell phones, social media, entertainment systems, and other distractions so readily available, distracted driving is only becoming more and more prevalent, and more and more dangerous.
If you were injured in a car crash, determining whether the crash resulted from someone else driving distracted is very important. If the other driver was distracted, that may be the root of their negligence, which if proven may result in you having the right to collect compensation for any harm you have suffered. In addition, depending on the circumstances, you may have the right to seek punitive damages in the case. As a result, being able to determine and prove whether distracted driving existed is crucial. At Hersh Kirtman Injury Law, our team of personal injury lawyers has extensive experience helping clients who have suffered injuries in an accident caused by distracted driving.
What Evidence Should Be Collected to Prove Distracted Driving in Your Car Accident Case?
Any time an individual gets behind the wheel of a car, they owe a duty of care to themselves and those they are sharing the roadways with to act in a reasonably safe manner. Unfortunately, not all drivers uphold this duty and their reckless actions often lead to damaging car accidents and serious injuries for the victims involved. Distracted driving is one of the most common causes of car accidents.
To prove that distracted driving was the cause of your car crash, your lawyer must fully investigate the crash. This includes collecting numerous items of evidence, including:
- The crash report
- Statements of witnesses to the crash who may have seen the driver who hit you
- Forensic examination of the other driver’s cell phone to see if they were illegally texting or using the device in another way
- In vehicle dash cam video and audio
Your lawyer will gather all available evidence to determine whether the other driver was distracted and, if so, how to prove that to a jury.
What Damages Can You Recover After a Distracted Driver Causes a Crash?
If there is evidence that the other driver was distracted, you may have the ability to collect compensation for your losses. Florida law permits the recovery of the following damages in the event someone’s negligence causes harm in a car crash:
- Lost wages
- Lost earning capacity
- Medical expenses in the past and in the future
- Pain and suffering and other non-economic damages
- Punitive damages, if the wrongdoing meets the necessary threshold
To understand what damages you may be eligible to recover based on the details of your unique case, contact a Florida personal injury lawyer today.
Get Help From a Florida Distracted Driver Accident Lawyer
Suffering an injury as a result of a negligent party’s reckless actions like driving while distracted can be frustrating and scary. To ensure the liable party is held responsible and you understand your legal options, our knowledgeable personal injury lawyers can help you pursue a claim to give you the best opportunity to recover fair compensation for the harm you suffered.
At Hersh Kirtman Injury Law, we provide clients with experienced, dedicated, and caring representation. To schedule a free case evaluation with one of our Florida lawyers, contact us today by filling out our contact form or giving us a call at (561) 208-3700.
