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How Can I Prove Distracted Driving in a Car Accident Claim?

Smartphones rule our lives, and many drivers play games, watch videos, or send text messages when behind the wheel. You can take all the precautions in the world, but if another driver is distracted on their phone, all your precautions can be made useless in seconds. You shouldn’t have to suffer because someone else was negligent, but many accident victims don’t seek financial compensation because they’re unsure of how to prove distracted driving occurred.

Your best course of action after a distracted driving accident is to contact a Boca Raton car accident lawyer. They can investigate your collision and help bring to justice the responsible party.

What Is Distracted Driving?

Contrary to popular belief, distracted driving is not just playing on your phone. The CDC classifies distracted driving in three categories: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off of driving). Some examples include:

  • Eating
  • Adjusting the radio
  • Checking the GPS
  • Interacting with other passengers
  • Readjusting your seat
  • Searching for an item in the glove box, center console, or back seat
  • Staring out the window
  • Playing with a pet or child

Driving is already a multi-tasking activity. You have to divide your attention to avoid collisions. Eating behind the wheel is actually eating while steering, braking, keeping a safe speed and distance, and reacting to road hazards.

Is Texting and Driving Illegal in Florida?

In Florida, officers can pull you over if they see you using your cell phone. First-time offenders may have to pay a $30 fine, while second-time offenders may receive a $60 ticket and up to three points on their driver’s license. Fines and penalties may increase the more a driver is pulled over. However, there are no specific laws right now that prohibit other distractions.

How to Prove Distracted Driving in Florida

Proving distracted driving can be difficult. But when you partner with a South Florida personal injury attorney, they can launch a full investigation into your claim. Attorneys will conduct a thorough investigation and seek to find any evidence that will prove your claim. Some examples of evidence they may look at include:

  • Cell phone records: If the other driver was on the phone or texting at the time of the crash, your attorney might look to subpoena their cell phone records.
  • Eyewitness testimony: One of the best ways to establish liability is through witnesses. They can be passengers in either vehicle or pedestrians.
  • Social media activity: Though most social media apps are encrypted, a person’s activity is usually time-stamped and logged. Attorneys can partner with investigators who are experienced in analyzing metadata and electronic trails.
  • Police report: You should always contact local law enforcement after any car accident, and they will then file a report. Reports contain an officer’s initial assessment of the crash. If you saw that the other driver was on their phone or otherwise distracted, you should inform the officer of it when they’re detailing the accident.

Experienced Distracted Driving Attorneys in Florida

Attorney Robert Baker of the Baker Legal Team brings a high level of expertise to car accident victims in South Florida. As a Board-Certified trial attorney, Robert takes great pride in his work. When working with the Baker Legal Team, you can be confident that they will thoroughly investigate your accident and the circumstances leading up to the collision.

Over his 30 year career, Robert has obtained hundreds of thousands of dollars for his clients, and he will do everything in his power for you to receive maximum compensation. For a free consultation, call (561) 320-0000 or complete our contact form.

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