Distracted drivers continue to increase the risk of a serious car accident on Florida roads. By now, most of us know the dangers of distracted driving, but likely still see distracted drivers on the road daily.
According to the Florida Department of Transportation, there are three types of distracted driving: manual, visual or cognitive.
Manual distracted driving involves any activity that involves your hands being taken off the wheel. Visual distracted driving is taking your eyes off the road to focus on something else and cognitive distracted driving is taking your mind off driving.
The problem with phones
Phones often cause drivers to become distracted. Our phones can cause to engage in all three forms of distracted driving. Using a phone can mean taking our hands off the wheel, looking at the phone instead of the road and thinking about whatever is in a phone rather than driving.
Florida law recognizes this problem. It is illegal to use a handheld device while driving and text while driving, with some exceptions. However, safe phone zones have been established on roads throughout the state which allow you to legally use your phone. There are signs marking when the safe phone zones begin and end.
Distracted drivers are typically easy to spot. They are the drivers driving too fast or too slowly or speeding up and slowing down frequently. Distracted drivers also tend to veer off the road or drift into another lane.
What to do around distracted drivers
If you see what you believe is a distracted driver, stay as far away from them as you can. Pull over to a safe place and let them go by if you cannot stay a safe distance away. Call the police and report their location if you believe they may be a danger to other drivers.
Distracted driving is negligent driving. Negligence is the legal theory personal injury actions are based on. It can be more challenging to prove negligence in an accident involving distracted driving since obtaining evidence of distraction may not be easy.
For example, in a drunk driving cause, the results of a breath or blood test can be direct evidence of a driver’s intoxication. This evidence can be harder to obtain when the cause is distracted driving.
Gathering evidence to prove distracted driving
When you believe distracted driving was the cause of an accident, witness statements or video surveillance can help.
Witnesses could testify they saw the driver on their phone, eating, talking to a passenger or engaging in other distracting behavior before the accident. Video footage from nearby stores or businesses can also help establish distraction.
The other driver’s phone records could provide evidence of distracted driving if they show text messages sent or received at or near the time of the accident. Phone records could also show call made, photos taken or social media activity when the accident occurred.
Knowing how to build a strong negligence case after a distracted driving accident is crucial. Proving negligence can mean compensation for medical expenses, lost wages, pain and suffering and other damages from your accident.