Distracted Driving and Liability: How It Affects Your Case

Distracted Driving and Liability: How It Affects Your Case

Distracted driving has become one of the leading causes of car accidents in Florida and across the country. Smartphones, in-car technology, and other distractions have made roadways more dangerous, often with devastating consequences for innocent drivers and passengers. If you have been in an accident with a distracted driver, it is important to understand how this behavior affects liability and what steps you can take to protect your rights. At Aronberg & Aronberg, Injury Law Firm, we represent victims of distracted driving accidents and hold negligent drivers accountable.

What Is Distracted Driving?

Distracted driving occurs whenever a driver’s attention is diverted away from the road. According to the CDC, distractions fall into three categories:

  • Visual: taking eyes off the road, such as looking at a phone or GPS. 
  • Manual: taking hands off the wheel, such as eating or adjusting controls. 
  • Cognitive: taking focus away from driving, such as engaging in a conversation or daydreaming. 

Smartphone use often combines all three forms of distraction, making it one of the most dangerous behaviors behind the wheel. Even a few seconds of inattention can result in catastrophic accidents.

How Distraction Affects Liability

When a distracted driver causes a collision, liability generally rests with that driver, though increasingly employers are held liable for their employees’ distracted driving. All motorists have a duty to operate their vehicles responsibly and with full attention to the road. Engaging in distracting activities breaches this duty of care. If that breach directly causes an accident, the distracted driver is legally responsible for the resulting damages.

Evidence of distracted driving strengthens a victim’s claim. Cell phone records, dashcam footage, or witness testimony can demonstrate that the other driver was texting, eating, or otherwise distracted at the time of the crash. Establishing this link between distraction and the collision is critical in securing fair compensation.

Proving Distracted Driving

Victims often face challenges in proving that distraction was the cause of an accident. Unlike impaired driving, where tests can confirm intoxication, distraction is not always obvious. However, an experienced attorney can pursue evidence that supports the claim, including:

  • Phone Records: showing activity such as texting or calls at the time of the crash. 
  • Witness Testimony: from passengers, pedestrians, or other drivers who observed the behavior. 
  • Accident Reconstruction: experts can analyze skid marks, vehicle damage, and road conditions to demonstrate driver inattention. 
  • Video Evidence: traffic or security cameras may capture the distracted behavior. 

By presenting a thorough case, victims improve their chances of recovering full compensation.

Compensation for Victims

If you have been injured in an accident with a distracted driver, you may be entitled to compensation for a range of damages, including:

  • Medical expenses, both immediate and long-term 
  • Lost income and diminished earning capacity 
  • Pain and suffering 
  • Property damage 
  • Rehabilitation and ongoing care 

Because distracted driving cases often involve clear negligence, victims may be in a strong position to seek comprehensive compensation. However, insurance companies may still attempt to minimize claims, making legal representation essential.

The Importance of Legal Guidance

Navigating a personal injury claim after an accident with a distracted driver can be complex. Insurers may dispute liability or attempt to shift blame onto the victim. Having experienced legal representation ensures that evidence is properly gathered, liability is firmly established, and negotiations are conducted from a position of strength.

At Aronberg & Aronberg, Injury Law Firm, we advocate for accident victims by building strong cases supported by evidence and expert testimony. We hold distracted drivers accountable and pursue the full compensation our clients need to move forward.

Final Thoughts

Distracted driving is a serious form of negligence that endangers everyone on the road. If you have been in an accident caused by a distracted driver, you have the right to seek accountability and fair compensation. With the help of experienced legal counsel, you can ensure that your case is handled thoroughly and effectively.

At Aronberg & Aronberg, Injury Law Firm, we are dedicated to protecting the rights of accident victims. Our team is here to provide the knowledge, experience, and advocacy you need during this difficult time.

 

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