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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