Distracted drivers cause serious crashes along US-19, SR 54, and Little Road, and proving the other driver was on a phone often decides who pays. If you were hurt in a New Port Richey distracted driving accident, you may be entitled to compensation for medical bills, lost wages, and more.
Our firm gathers the phone records, video, and witness accounts that show what the other driver was doing in the seconds before impact. Call Roman Austin at (727) 787-2500 for a free consultation.
How do you prove a driver was texting in a Florida crash?
Cell phone records obtained through subpoena are the strongest evidence that a driver was texting in a Florida crash. Those records show when the driver sent, received, or used data, and your attorney can line those timestamps up against the crash time from the police report and the vehicle's event data recorder.
Florida law also makes a driver's phone billing records admissible when a crash causes injury or death. Carriers don't keep detailed records forever, so a preservation letter sent early protects the evidence in a texting crash in Florida.
Other evidence can support a distraction claim:
- Witness statements: Other drivers and passengers often notice a driver looking down before impact.
- Video footage: Business cameras, traffic cameras, and dashcams may show the driver's behavior.
- Vehicle data: Event data recorders can show whether the driver braked or steered before the crash.
- The driver's own statements: Admissions to police or at the scene frequently appear in the crash report.
How Can an Experienced New Port Richey Personal Injury Lawyer Help With My Distracted Driving Accident Case?
All drivers owe the people around them their full attention. That duty covers you whether you're in another vehicle, walking as a pedestrian, or riding a bicycle. Even so, distracted driving remains common in Florida and across the country.
Distracted driving is careless driving. When a distracted driver causes a crash, that driver should answer for the injuries and damage that follow.
Holding them accountable takes proof, though. As the injured person, you must show that the driver's distraction caused the crash, and many drivers deny doing anything wrong. Our New Port Richey personal injury attorneys know how to find the evidence that answers that denial and supports the full value of your claim.
When you hire our firm, one of our experienced trial attorneys will:
- Conduct a full, independent investigation into your crash
- Locate surveillance video, cell phone records, photos, red light camera footage, and other evidence showing the at-fault driver was distracted
- Push back on any attempt to blame you for the crash
- Negotiate with the insurance companies for a fair settlement that reflects your losses
- Stand up for your rights in the courtroom if needed
We handle car accident claims across Pasco County and know how insurers evaluate distracted driving cases. To learn how we can protect your rights, call our office for a free case review.
How Dangerous is Distracted Driving in New Port Richey, FL?
Distracted driving is extremely dangerous and, in some cases, even deadly. National Highway Traffic Safety Administration (NHTSA) reports show that 2,841 people lost their lives because of distracted driving. Center for Disease Control (CDC) data shows that approximately eight people lose their lives because of distracted driving every single day.
Distracted driving isn’t just a problem nationwide. Unfortunately, Florida ranks second in the nation when it comes to measuring the dangers of distracted driving. The state of Florida has taken steps to combat distracted driving--but still, countless people are injured every year because of driver distraction.
What is Distracted Driving?
Distracted driving is much more than simply texting while driving or talking on the phone.
There are three primary types of distraction that come into play while driving: manual, visual, and cognitive.
Each can present a significant danger to others on the roads.
Manual Distraction
Manual distraction happens when a driver takes his hands off the wheel.
Some common types of manual distraction include:
- Reaching for something that fell between the seats
- Rummaging through a purse or bag to find something
- Using the vehicle entertainment system
- Eating or drinking
- Applying makeup
It’s incredibly difficult for a driver to control the vehicle when his or her hands aren’t even on the wheel. Of course, cell phone use requires the driver to take at least one hand off the steering wheel.
Visual Distraction
Drivers are visually distracted when they’re looking at something other than the road.
Examples of visual distraction include:
- Looking at a GPS device or map
- Reading a cell phone or other device
- Turning to look at a child in the back seat
Drivers who are visually distracted can’t respond to dangers on the road--because they might not even see them coming.
Cognitive Distraction
Cognitive distraction happens when the driver’s mind is on something other than driving. The driver might be looking at the road--but their mind is in another place.
Common cognitive distractions include:
- Daydreaming
- Having a conversation with someone else in the vehicle
- Thinking about something that happened at work
Texting while driving is particularly dangerous because it involves all three types of driver distraction. Drivers take their hands off the wheel to compose the text. Drivers must look down at their phone when composing a text. The driver’s mind is on the text rather than what’s happening on the roads.
Texting While Driving Is a Primary Offense in Florida
Texting while driving is a primary offense in Florida, which means police can stop a driver for texting alone. Florida's Wireless Communications While Driving Law bans typing, sending, or reading messages on a handheld device while driving. In school zones and active work zones, drivers can't hold a phone at all.
A first texting violation counts as a nonmoving violation. A second violation within five years becomes a moving violation with points on the driver's license. When a crash causes injury or death, the driver's phone billing records can come in as evidence, so the texting ban carries real weight in a civil claim too.
Distracted Driving Can Cause Serious Injuries
Some distracted driving accidents result in minor fender benders. Others can cause serious, life-threatening injuries.
Distracted driving accidents often happen at higher speeds because the driver doesn’t have time to slow down before the crash.
Were you or a loved one hurt in a crash? You could be facing months of medical care--and you might not be able to work while you recover. If you need help making ends meet, don’t hesitate to call to learn more about how we can put our experience, financial resources, and passion for justice to work in your case.
Time Limits on Filing a Distracted Driving Accident Lawsuit New Port Richey, Florida
Florida gives you two years from the date of the crash to file a distracted driving accident lawsuit. Missing this deadline will bar you from recovering compensation.
If a government vehicle or road defect played a role, written notice to the agency is due within three years. Claims against state agencies also require notice to the Department of Financial Services, while cities and counties receive notice directly.
Phone records and video can disappear long before those deadlines.
Speaking with a New Port Richey car accident lawyer early protects the evidence that proves distraction.
What if I Was Partly Responsible?
Shared responsibility laws can limit or eliminate the amount of compensation you’re entitled to recover. Florida's modified comparative fault laws apportion financial responsibility for everyone who contributed to the cause of the crash. If your portion of negligence exceeds 50%, you're barred from receiving compensation.
Cases involving comparative fault can get messy quickly. Call our legal team today to see how having an experienced New Port Richey car accident attorney in your corner can minimize the success of these “blame the victim” insurance tactics.
What Damages Can I Get if I Was Hurt By a Distracted Driver in New Port Richey, Florida?
Drivers in Florida automatically assume a duty to drive carefully to protect others from unreasonable risk. Driving while distracted violates this duty. In other words, distracted driving is a form of negligence.
Like any other personal injury victim, you’re entitled to compensation to cover both your economic and non-economic losses.
At Roman Austin Car Accident and Personal Injury Lawyers, we’ll fight to get the full compensation you deserve, including money for:
- Medical bills
- Lost wages
- Future medical expenses
- Lost future earning capacity
- Physical therapy and rehab
- Disfigurement and scarring
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Damages for wrongful death
As a general rule, your damages award will be higher if your injuries are very serious or permanent. However, it’s important not to discount the value of even a seemingly minor injury. Common injuries like whiplash or a broken bone can keep you off the job--and we all know how expensive medical treatment can be.
Our distracted driving accident attorneys will be there at every turn to help you get the most compensation available. We’ll work with experts and specialists to make sure your past bills are covered and we’ll also put in the work to anticipate your future costs.
Contact a Knowledgeable New Port Richey Car Accident Law Firm Today
Attorney and Founder
It’s rarely easy to hold someone else accountable if you’re hurt. The insurance company might give you the run-around or even try to blame you for your own injuries. Fortunately, you don’t have to go it alone. An experienced New Port Richey distracted driving accident lawyer at Roman Austin Car Accident and Personal Injury Lawyers can quickly put a stop to these insurance tactics.
Call or contact us online today. We’d be happy to arrange a free consultation to discuss your options.