West Palm Beach Distracted Driving Accident Lawyer
When it comes to car accidents, the most common risk factor is not necessarily alcohol or speeding. It is distraction. At one time or another, we have all been distracted by something while behind the wheel, whether it is looking at our phone, looking out the window to see an accident, talking to our kids in the back seat, or something else.
Yet distracted driving is itself dangerous. Even a moment’s attention diverted from the road in front of you can lead to a collision. And while distracted driving may not be a crime in most cases, it is negligent. If you have been injured due to someone else’s distracted driving, you have the right to seek compensation through the legal process. Smith, Ball, Báez & Prather is a team of qualified West Palm Beach distracted driving accident lawyers who can review the facts surrounding your crash and advise you of your rights.
How Distractions Can Affect a Person’s Driving
There are three main types of distractions that can affect a person’s driving:
- Cognitive distractions affect a driver’s concentration or focus. This can include driving under the influence of alcohol or drugs. But it also covers more innocuous behaviors like talking to other people in the car or driving while angry or under emotional distress.
- Manual distractions refer to situations where a driver takes their hands off the wheel for any reason, such as checking a phone, eating, drinking, or even changing the settings on a navigation system or radio.
- Visual distractions simply means taking your eyes off the road for any reason. Again, this can refer to behaviors like looking at a phone. But a visual distraction can also mean the driver looking out the side window to see something happening nearby.
Florida’s laws governing car accidents and compensation are quite complex. In most cases you need to look to your own “no-fault” insurance first to pay your medical bills and compensate you for any lost income. But if you suffered a “serious injury” as the result of a distracted driver, you may be able to sue that driver directly and seek a wider range of economic and non-economic damages, including compensation for your pain and suffering.
Contact Smith, Ball, Báez & Prather Today
The State of Florida recently made significant changes to the laws governing personal injury lawsuits, including claims arising from distracted driving accidents. For cases filed after March 2023, a victim only has two years from the date of their car accident to file a lawsuit. The new rules also affect the “comparative negligence” standard used to apportion fault between parties. It is now possible to walk away with nothing if a jury finds the victim was more than 50 percent at-fault for the accident.
Especially given these recent changes, it is important to work with a skilled West Palm Beach distracted driving accident attorney if you are contemplating legal action. Contact Smith, Ball, Báez & Prather today to schedule an initial consultation.
