What To Do If You Are Injured By A Distracted Driver

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If you or a loved one have been injured by a distracted driver you may be entitled to compensation for your injuries, including pain and suffering and lost wages. The Personal Injury attorneys at the Fernandez & Hernandez know what to do if you or a loved one have been injured by a distracted driver.
Distracted driver on phone hits a man crossing the street

If you or a loved one have been injured by a distracted driver you may be entitled to compensation for your injuries, including pain and suffering and lost wages. The Personal Injury attorneys at the Fernandez & Hernandez know what to do if you or a loved one have been injured by a distracted driver.

Distracted driving is any activity that diverts attention away from the primary task of driving. Traffic safety experts classify distractions into three main types: Manual, Visual and Cognitive.

  • Manual distractions are those where you move your hands from the wheel.
  • Visual distractions are those where you focus your eyes away from the road.
  • Cognitive distraction is when you’re mind wanders away from the task of driving.

Texting involves all three types of distraction.

Manual Distractions

Manual distraction is when the driver takes one or both hands off the wheel for any reason. Some common examples include eating and drinking, adjusting the radio, using a cell phone or navigation device, or trying to get something from a purse, wallet, or briefcase. Eating and drinking are a manual distraction because a driver has to physically use his or her hands to do something other than driving. Many new cars come with an electronic display for climate control, radio features, and GPS. These are all potential manual distractions because of the fact you have to take your hand off the steering wheel in order to use the controls. Texting while driving has the biggest potential for distraction while driving. It is mainly due to the manual distraction, but also includes a visual distraction and cognitive distraction.

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 and entertainment systems, and cell phones also distract drivers. Visual distractions take a driver’s eyes off the road. Visual distractions such as glancing away from the roadway for more than two seconds increases the risk of a crash by more that two times that of normal driving.

Cognitive Distraction

Cognitive distracted driving is described as distractions that take a driver’s mind off of driving. Conversing with a passenger or talking on a cell phone, are associated with increases in cognitive distraction. Activities such as using a speech-to-text system to send and receive text or e-mail messages produce a relatively high level of cognitive distraction.

It is illegal to text and drive but unfortunately this irresponsible behavior still occurs and can have dire consequences. When someone gets behind the wheel while texting, that person is not only endangering themselves but also the lives and safety of others. These reckless actions should not be ignored, especially when they are the cause of injury to someone else. If you have been the victim of an accident at the hands of a distracted driver it is crucial that you seek out an attorney who can represent you.

Getting injured by a distracted driver may lead to physical and emotional pain, disabilities, lost wages, high medical bills, and property damages. Distracted driving is a serious matter and if you suffered from someone else’s negligence, you deserve compensation. The Personal Injury attorneys at the Fernandez & Hernandez know what to do to help you and your family following an accident caused by a distracted driver.

It is critical to be aware of statutes of limitations, which are strict restrictions on how long an injured person may wait to file a claim or lawsuit against a wrongdoer. In Florida, to be eligible for PIP medical benefits, a person injured in a motor vehicle accident must see a doctor within Fourteen Days after the motor vehicle accident. See § 627.736(1)(a), Florida Statutes.

If you or a loved one have been injured by a distracted driver and need help getting compensation for your injuries, call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353.

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cedrick wilson
cedrick wilson
15:17 05 Feb 20
I was in an accident lately and he was suggested by a friend. He met with me in person and was very punctual. He was... very calm and determined throughout my entire situation. Overall, I was extremely satisfied and impressed with Martin in reaching very positive results. I would recommend him and his office to anyone for solid advice and bottom-line results. Thank you again!read more
Tamika Jones
Tamika Jones
22:29 06 Jan 20
My experience with Martin Hernandez has been stressful not on his part. Martin has been very patient with me when I... wanted to pull every strand of hair from my head. From day one he took time to explain the process of how this was going to be but he would be there to hold my hand all the way and he did just that. His paralegal Angela walked with and held both my hands as well during all of this. When I couldn't get ahold of Martin she would make sure he got everyone of my messages. I would use his services again and recommend him to anyone. Thanks so much for all you have done and I'm forever grateful.read more
Russell Craig
Russell Craig
20:51 19 Dec 19
Very pleased with how the case was handled. I hope to never be in this position again as it was a stupid mistake but... with the help of Martin Hernandez I didn’t even have to appear in court on my own. I highly recommend using him and his team, you wont be disappointed.read more
Nicholas Nagowski
Nicholas Nagowski
22:34 14 Nov 19
Worked with Martin in Tampa, Florida. He executed on everything he promised. A well run organization. He called me... back very quickly whenever I reached out, if not answering right away. Definitely would recommend Martin to my friends and family. Thanks again for everything.read more
Mark Lenox
Mark Lenox
16:55 14 Nov 19
I was arrested for my 2nd DUI and I've reached out to Mr. Hernandez explaining my situation. He made me feel safe... through out the whole process. He helped me and extremely happy with the result. Martin knows clearly what are the best steps to take that's why I highly recommend him to anyone.read more
Kimberly McLendon
Kimberly McLendon
02:06 14 Nov 19
Martin Hernandez and his entire staff are extremely friendly,caring,knowledgeable, and treat you like apart of the... family. I hired Martin approximately 2 years ago. My case was a complicated one. But Martin Hernandez did an absolute amazing job. I was always kept current of what was going on with my case. Anytime I called, if Martin was unavailable his hard working staff got the answers I needed. I would recommend Martin Hernandez to everyone. He's dedicated to each case. If you're looking for a lawyer who doesn't just represent you,but welcomes you like family to his firm, Here's your answer. If I could give 50 stars I would. Thank you Martin& staff for all you did. Kimberly Mclendonread more
Chuck Hermanes
Chuck Hermanes
22:21 07 Nov 19
My medical bills had been piling up long before I decided to contact an attorney, and by that time the statute of... limitations was close to ending. My friend recommended Martin Hernandez who is very knowledgeable and who saved me in my situation. My medical bills are finally taken care of because of the work of Martin and his team. From the very beginning, I have no doubt that’s why he had so many great reviews from others. And I am 100% satisfied client who definitely recommend him to anyone.read more
Kymii Plur
Kymii Plur
14:49 01 Nov 19
Martin is the absolute sweetest most understanding lawyer I have ever met. He is very knowledgeable of every situation... and will get you the money that you are deserved. His staff is amazing I love everyone there I couldn't speak more highly of all of them. I would recommend Martin and his staff to my family and anyone who is in need of an attorney don't waste your time with others go see Martin he will take care of you !read more
Gabbie Bell
Gabbie Bell
09:32 26 Oct 19
Martin is very professional, marvelous , and meet all expectations far as handling my family law case.I strongly... suggest him to anyone who is in need of the best lawyer in Florida. Finest lawyer I've ever meet and i thank him for winning my case . He'll be hired by me anytime needed.read more
Johanna Gonzalez
Johanna Gonzalez
21:17 24 Oct 19
Great service. They took my case and guided me throughout the entire process with care and kindness. Thank you!
Parker Darlan
Parker Darlan
17:27 21 Oct 19
Martin and his office were very quick to respond to our inquiry and very professional. Extremely helpful and willing to... listen to the issue and address it in a timely manner. I would certainly use him in the future.read more
Stetson Madison
Stetson Madison
21:02 27 Sep 19
He has been very helpful as my attorney and made himself available whenever I needed. There has been multiple times I... wanted to just take a deal to get it over with but he has continued to work for me to get me in the best situation possible. He is very easy to work with and passionate about helping. He is not just a great lawyer but also a great human being!read more
Louie Serg
Louie Serg
15:51 13 Sep 19
My needs were met and the firm was invested in my case and me as a person. They were easily accessible, return phone... calls and emails promptly. Aggressive, when it was require and got the job done. Martin and his staff all produced the quality of an attorney and firm that anyone would want to hire.read more
Ted Esposito
Ted Esposito
16:49 07 Sep 19
I was involved in a car accident and the first person I called was Martin. He was very understanding and made it very... easy to get the insurance claims process underway. After a year of physical therapy, my case was settled and closed. Thank you so very much!read more
Arica Schmied
Arica Schmied
18:04 20 Aug 19
Amazing attorney!! Martin Hernandez and his firm are the best you'll find. I have known Martin for years and he has... helped my sister and friends in their car accident cases. I can't say enough good things. He is very knowledgeable, kind, and will treat you like family!read more
Noah Chase
Noah Chase
08:48 19 Aug 19
Mr. Hernandez is clearly very experienced - based on my interactions with him. I look for an attorney based on... integrity and experience. I found the integrity that I was looking for with Mr. Hernandez. I would recommend his services to anyone.read more
Fabian Prentice
Fabian Prentice
18:49 13 Aug 19
Martin is an amazing attorney and was able to get all 3 charges off my record. I knew I could count on him from the... moment I retained him as my attorney. He was quick to answer any questions I had and was very reliable. My case lasted over a year and he was always keeping contact with me the whole time. I would highly recommend him if you need a criminal defense attorney.read more
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