Fort Myers Distracted Driving Accident Lawyer

Distracted driving is one of the leading causes of vehicle accidents in Fort Myers and across the United States. While there are laws and public safety campaigns in place aimed at reducing driving distractions, many drivers still take their eyes off the road, often with devastating consequences.

If you or a loved one has been injured in a distracted driving-related car accident, understanding your legal rights is essential. A Fort Myers distracted driving accident lawyer can help you pursue compensation and hold negligent drivers accountable.

Distracted Driving

Distracted driving happens when a driver’s attention is sidetracked from the operation of their vehicle.

This distraction can take many forms, the most common being visual, manual, and cognitive distractions.

• Visual distractions happen when drivers take their eyes off the road, such as looking at a phone or GPS device.
• Manual distractions involve taking hands off the wheel, like eating or reaching for an object.
• Cognitive distractions occur when drivers focus their minds on something other than driving, such as conversations or daydreaming.

Smartphones are one of the most common sources of distraction, but other activities like adjusting the radio, applying makeup, or interacting with passengers can also lead to accidents. Even a few seconds of inattention can result in a crash and severe injuries.

Common Injuries in Distracted Driving Accidents

Common personal injuries from these accidents can range from mild to traumatic, depending on the severity of the impact.

These injuries may include:

• Whiplash and Soft Tissue Injuries – Sudden jerking motions can strain muscles, ligaments, and tendons, leading to neck and back pain.
• Broken Bones – The force of a vehicle collision can fracture arms, legs, ribs, and other bones.
• Head and Traumatic Brain Injuries (TBI) – A blow to the head can lead to concussion or more severe brain trauma, resulting in long-term cognitive issues.
• Spinal Cord Injuries – Damage to the spine may result in paralysis or chronic pain.
• Internal Injuries – Organ damage and internal bleeding often require immediate medical attention.
• Lacerations and Bruises – Broken glass or sharp objects can cause deep cuts, tissue damage, and bruises.

Injuries like these can result in extensive medical treatments, lengthy rehabilitation, and lasting emotional distress.

In the most tragic cases, distracted driving accidents can be fatal, leaving loved ones to cope with an unexpected loss and overwhelming grief. Seeking legal representation can help families pursue justice and secure financial stability during a difficult time.

How a Fort Myers Distracted Driving Accident Lawyer Can Help

A skilled lawyer can make all the difference in the outcome of a distracted driving case.

From the initial strategy session, your attorney will evaluate the details of the accident, collect evidence, and determine liability. This evidence can include police reports, eyewitness statements, phone records, and traffic camera footage.

These all help establish negligence and prove that the at-fault driver was distracted.

Your lawyer also handles negotiations with insurance companies. Insurers often try to minimize payouts, divert blame, or deny claims altogether, but your lawyer knows how to counter these types of tactics and advocate for your fair compensation.

If a settlement can’t be reached, your attorney will be prepared to take the case to court and fight for your rights.

Proving Distracted Driving in Florida

Florida’s Wireless Communications While Driving Law (statute 316.305) makes it illegal to text while driving, classifying it as a primary offense. This means law enforcement can stop and ticket drivers solely for texting behind the wheel. While this law aims to reduce distracted driving, proving that distraction caused an accident can still be challenging.

Lawyers often rely on evidence such as phone records, witness testimonies, and accident reconstructions to demonstrate that a driver was distracted. In some cases, surveillance footage or dashcam recordings provide clear visual proof of negligence.

Recoverable Damages in Distracted Driving Cases

Victims of distracted driving accidents may be entitled to compensation for both economic and non-economic damages. Economic damages include medical expenses, lost wages, property damage, and costs related to rehabilitation therapy.

Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.

Steps to Take After a Distracted Driving Accident

The moments after an accident can be traumatizing and overwhelming, but by taking the correct steps, you can help protect your legal rights.

Here’s what you should do:

1. Seek Medical Attention – Get checked by a medical professional, even if you feel fine. Some injuries, like concussions or internal bleeding, may not show immediate symptoms but can worsen over time.
2. Call the Police – Report the accident to the police and ensure an official report is filed (and get a copy of it). This report will serve as key evidence for your claim.
3. Gather Evidence – Take photos or video footage of the accident scene, vehicle damage, injuries, and road conditions. Collect full contact information from eyewitnesses and exchange details with other drivers involved.
4. Avoid Admitting Fault – Don’t apologize or make any statements that could later be interpreted as admitting blame. Stick to the facts when speaking with the police, insurance agents, or other parties.
5. Document Everything – Keep records of medical treatments, rental costs, repair estimates, and any communication with insurance companies.
6. Contact a Distracted Driving Accident Lawyer – Consult with an attorney as soon as possible. Your lawyer can help you navigate the often complicated legal process, preserve evidence, and negotiate with insurers for you to pursue fair compensation.

Statute of Limitations in Florida

Florida law has a statute of limitations on personal injury claims.

Typically, the deadline to file a lawsuit based on negligence (carelessness) is two years from the date of your injury. This deadline used to be four years, but Florida updated it on March 24, 2023, and accidents occurring after this date must be initiated within this new time limit.

It’s important not to miss this deadline, as that can mean losing your right to seek compensation.

However, certain circumstances may alter the timeline, such as cases involving minors or delayed discovery of injuries.

Consulting a lawyer promptly ensures that your case is filed within the required timeframe.