Distracted Driving Accident Lawyers in Plantation, FL

If you were hit and injured by a distracted driver, we can help you demand justice

Distracted drivers can cause a wide range of car accidents. These include rear-end collisions, T-bone accidents, head-on collisions, and sideswipe crashes. Distracting driving accidents happen on highways, city streets, and at busy intersections. But holding negligent drivers accountable for the damages they caused can be difficult.

That’s why you need an experienced Plantation distracted driving accident attorney to fight for you. The lawyers at Feingold Posner Draizin understand the challenges involved in filing a claim after a distracted driving accident. If you were hit by a distracted driver and injured, we can help you overcome the obstacles and fight for the maximum compensation you deserve under Florida law.

What is considered distracted driving?

Distracted driving is any activity that diverts a driver’s attention away from the primary task of driving. There are three different categories of distractions that can take place while driving. These include:

Visual distractions – These involve any activity that diverts the driver’s eyes away from the road. Even a brief glance away can lead to delayed reactions to traffic changes or unexpected hazards.
Manual distractions – These can be any activity that requires the driver to take one or both hands off the steering wheel. These actions compromise the driver’s ability to control the vehicle effectively and respond to road conditions or emergencies promptly.
Cognitive distractions – These occur when a driver’s mind is not fully focused on the task of driving. Such mental diversion significantly impairs the driver’s ability to perceive, process, and respond to the road environment.

Many distracting activities involve more than one type of distraction, making them particularly dangerous. These activities can simultaneously engage visual, manual, and cognitive distractions – a classic example is texting behind the wheel.

Common examples of distracted driving

There are distracted drivers on the road every single day, and their distraction significantly increases the risk of accidents. Some common examples include:

Texting – Sending or reading text messages is one of the most dangerous forms of distracted driving because it involves visual, manual, and cognitive distractions.
Talking on the phone – Even if using a hands-free device, talking on the phone can distract the driver’s attention away from the road.
Eating or drinking – Both require drivers to take at least one hand off the wheel and can also cause distractions if food or beverages spill or if packaging needs to be handled.
Talking to passengers – Engaging in conversations with passengers, especially heated or emotional discussions, can divert attention from driving.
Operating dashboard controls –Changing radio stations, adjusting volume, using GPS or navigation systems, or adjusting air conditioning settings can distract a driver from the road.
Grooming and personal care – Some drivers attempt to apply makeup or brush their hair while driving, which requires them to look in a mirror instead of watching the road.
Daydreaming – Being lost in thought or thinking about something other than driving can significantly impair a driver’s ability to focus on the road and react to changing conditions.
External distractions – Slowing down to look at accidents, billboards, roadside attractions, or other sights can divert attention from the road ahead.

How to seek financial compensation after being hit by a distracted driver

Following a distracted driving crash, you may have been left with broken bones or serious head, neck, or back injuries. Medical expenses add up quickly, and you may suffer lost income if you can’t work. But recovering compensation is not easy for several reasons:

Proving distraction – In DUI cases, breathalyzers or blood tests can provide direct evidence of impairment. But proving that a driver was distracted at the time of the accident can be difficult.
Driver denial – The at-fault driver may deny being distracted, making it a challenge to establish the true cause of the accident.
Inconsistent witness testimony – Witnesses may not always be able to confirm that the driver was distracted, especially if the distraction (e.g., looking at a phone) was brief and not easily observed.
Establishing fault – The at-fault driver may blame you for what happened.
Disputing the severity of injuries – Insurance companies may downplay the severity of your injuries or try to argue that they were pre-existing.
Low settlement offers – A common insurance company tactic is offering lowball settlements to victims, especially if proving distraction is difficult. They may try to settle quickly before the full extent of the distraction or its impact on the accident can be established.

Our distracted driving attorneys build strong cases that get results

We can investigate your accident to get the facts about what happened. This may include:

Carefully reviewing the accident report – This report may contain notes from the responding officer about the driver’s behavior or statements made at the scene, which could indicate distraction.
Obtaining and analyzing phone records – We can seek access to the driver’s phone records to determine whether the driver was texting, calling, or using apps at the time of the accident.
Gathering witness testimony – Passengers, other drivers, or pedestrians who witnessed the accident may have seen the driver engaging in distracted behavior, such as texting, eating, or talking on the phone.
Using surveillance and traffic camera footage – Video from traffic cameras at intersections or along highways or surveillance cameras from nearby businesses or homes may have captured the driver’s behavior before the accident, such as looking down at a phone or failing to keep their eyes on the road.

All of our attorneys used to represent insurance companies. We know the strategies and tactics they’ll use to try to limit your compensation. More importantly, we know how to build strong cases that they have to take seriously and will fight for the financial compensation you deserve.

If you were hurt in a distracted driving accident in Plantation or anywhere in Broward County, learn more about how we can help. We can go over your legal options, answer any questions you have, and help put your mind at ease. Contact us today to schedule a free consultation.