Distracted driving is one of the leading causes of car accidents, especially here in Florida. If you’ve been injured due to another driver not paying attention, you may be wondering if you can take legal action. The short answer is yes — you can sue for damages if you’ve suffered injuries from a car accident caused by someone else’s distracted driving. While the process can be challenging, having the right legal support makes all the difference.
Why Choose Elstein Law for Your Distracted Driving Claim?
Pursuing a claim for an accident caused by distracted driving can be overwhelming, especially when dealing with medical bills, car repairs, and emotional trauma. At Elstein Law, we have a deep understanding of Florida traffic laws and extensive experience representing individuals injured in car accidents across Miami, Miami Beach, Hialeah, Fort Lauderdale, Pompano Beach, West Palm Beach, Boca Raton, Delray Beach, and throughout Florida.
Our team is committed to handling the legal complexities on your behalf, allowing you to focus on your recovery. We know how distressing these situations can be, and we are here to reduce your burden, fight for your rights, and guide you step-by-step through this challenging time—wherever you may be in Florida.
What Is Considered Distracted Driving in Florida?
Distracted driving refers to any activity that takes attention away from the primary task of driving. This can include actions such as:
- Texting
- Talking on the phone
- Using in-car technologies
- Eating
- Adjusting the stereo
In Florida, the law explicitly prohibits texting while driving, and drivers are expected to keep their focus on the road to prevent accidents. When another driver’s lack of attention leads to an accident, it can serve as grounds for a lawsuit.
Understanding what qualifies as distracted driving can make a significant difference in the strength of your case. Proving that the at-fault driver was distracted—whether by their phone or other means—can help establish their negligence and liability for the accident. Whether your accident occurred in Miami, Miami Beach, Fort Lauderdale, or elsewhere in South Florida, proving negligence is key to securing compensation.
How to Prove Negligence in a Distracted Driving Case
To successfully sue for an accident caused by distracted driving, you must prove that the at-fault driver’s actions were negligent. This involves demonstrating:
- Duty of Care: The at-fault driver had a responsibility to operate their vehicle safely.
- Breach of Duty: The driver failed to fulfill this duty by engaging in a distracting activity, such as texting.
- Causation: This breach of duty directly led to the car accident and your resulting injuries.
- Damages: You suffered measurable losses due to the accident, such as medical expenses, lost wages, or pain and suffering.
Evidence such as phone records, witness statements, and police reports can be crucial in proving these elements. Working with a knowledgeable attorney ensures that all necessary evidence is gathered and presented effectively to strengthen your case.
What Compensation Can You Receive After a Distracted Driving Accident?
Victims of distracted driving accidents in Florida may be eligible for various forms of compensation, depending on the circumstances of the accident and the extent of their injuries. Compensation may include:
- Medical Expenses: Coverage for hospital stays, surgeries, and any ongoing treatments related to injuries from the accident.
- Lost Wages: Reimbursement for income lost during recovery, as well as compensation for any reduction in earning capacity if injuries prevent you from returning to work.
- Pain and Suffering: Compensation for emotional distress, physical pain, and the overall impact on your quality of life.
Non-economic damages, like pain and suffering, can be challenging to quantify, which is why having the support of an experienced attorney is crucial to ensure you receive the full compensation you deserve.
Getting Legal Help After a Distracted Driving Accident
Taking legal action after a distracted driving accident is about more than just compensation—it’s about holding the negligent party accountable and ensuring they understand the consequences of their actions. At Elstein Law, we understand how overwhelming this process can be, and we’re here to help you navigate this journey with empathy and determination. With extensive experience handling car accident claims across Florida, including Miami, Miami Beach, Hialeah, Fort Lauderdale, Pompano Beach, West Palm Beach, Boca Raton, and Delray Beach, we are dedicated to fighting for your rights.
If you’ve been injured in a car accident caused by distracted driving, don’t face the challenges alone. Contact Elstein Law for a free consultation to discuss your case, understand your rights, and explore your options. We are here to help you move forward and seek the justice you deserve.
Meet Brian L. Elstein, Florida Personal Injury Lawyer
Personal injury lawyer Brian L. Elstein, Esq. has helped recover millions of dollars on behalf of his clients, and understands the importance of aggressively advocating for injured victim’s and their families.
Call now for a FREE consultation!
(305) 299-2835
