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What to do if you are injured by a distracted driver

If you have been involved in a an SUV or car accident in the Tampa Bay area call Tampa Personal Injury Attorney, Martin J. Hernandez at 813-755-9500

If you or someone close to you has been harmed by a driver who was not paying attention, you might be eligible for compensation for the damages you suffered, such as lost wages or pain and suffering. Martin Hernandez Law Office’s Personal Injury team is experienced in handling such cases.

According to traffic safety professionals, distracted driving occurs when anything takes away the driver’s focus from the main duty of driving. Manual distractions include moving one’s hands away from the steering wheel, while visual distractions involve looking away from the road. When a driver’s mind drifts away from driving, it is referred to as cognitive distraction. 

Texting while driving involves all three forms of distraction, which is what makes it so incredibly dangerous. In order to protect yourself, your loved ones, your personal property, and other drivers on the road, put your cell phone out of reach when you’re behind the wheel. No message is worth a traumatic and potentially life-altering accident.

Manual Distractions

Manual distractions occur when a driver removes one or both hands from the steering wheel for any reason. Some common examples include using a cell phone or navigation device, adjusting the radio, eating or drinking, or retrieving something from a purse, wallet, or briefcase. Eating and drinking can be manual distractions because a driver must physically use their hands to do something other than drive. 

Even though many modern cars come with electronic displays for GPS, climate control, and radio features, these features can still be potential manual distractions because the driver must take their hand off the wheel to operate them. Texting while driving poses the most significant risk of distraction, as it involves not only manual distraction but also visual and cognitive distractions.

Visual Distractions

Visual distraction occurs when a driver looks at anything other than the road. Drivers who check the kids’ seat belts while driving are visually distracted. Electronic devices, such as navigation devices, entertainment systems, and cell phones also distract drivers. 

Studies have shown that looking away from the road for more than two seconds increases the risk of a collision more than two times than that of normal driving. 

Cognitive Distraction

Cognitive distractions refers to anything that diverts a driver’s attention from the task of driving. Engaging in conversations with passengers or using a cell phone are examples of activities that can increase cognitive distraction. Using speech-to-text technology to send or receive messages can also result in a high level of cognitive distraction.

Despite being illegal, texting while driving remains a widespread and dangerous behavior that poses a serious threat to both the driver and other road users. Those who choose to engage in such reckless actions not only put themselves in harm’s way but also jeopardize the lives and well-being of others. If you or a loved one have been injured by a distracted driver, seeking the help of an experienced attorney is crucial so you can receive the compensation that you deserve.

Being injured by a distracted driver can result in physical pain, emotional trauma, lost income, substantial medical expenses, and property damage. It is important to take distracted driving seriously, and if someone else’s negligence caused your injury, you have the right to seek compensation. The Personal Injury team at Martin Hernandez Law Office is well-equipped to help you and your family navigate the aftermath of an accident caused by a distracted driver.

It is important to be aware of the statutes of limitations, which are strict deadlines that limit how long an injured person has to file a claim or lawsuit against the responsible party. In Florida, for instance, individuals who have sustained injuries in a motor vehicle accident must see a doctor within 14 days of the incident to be eligible for PIP medical benefits. (See § 627.736(1)(a), Florida Statutes.)

If you or someone you know has been injured by a distracted driver and need help pursuing compensation for your losses, don’t hesitate to call Tampa Personal Injury Attorney Martin J. Hernandez at 813.755.9500. Our bilingual legal team is ready to aggressively fight for you to get the compensation that you deserve. 


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