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Distracted driving is dangerous. Each year, distracted drivers cause more than 50,000 accidents, and these accidents result in thousands of injuries and hundreds of fatalities. This leaves many victims and families in need of an experienced Fort Myers car accident lawyer.

Driving while distracted is also illegal in many cases. Handheld cell phone use (i.e., talking on the phone, texting, and using social media) is among the most common driving distractions, and it is against the law in Florida. Unfortunately, far too many people still choose to use their phones while driving, and in doing so, they put everyone around them in harm’s way.

Understanding Your Rights as the Victim of a Distracted Driving Accident in Florida

If you or someone you love has been injured in a distracted driving accident, it is important to make sure you know your rights. Car, truck, and SUV accidents can be incredibly expensive—not only in terms of the financial costs but also in terms of the negative impacts on your day-to-day life. If a distracted driver is responsible for your losses, you deserve just compensation—but it is up to you to make sure you assert your rights effectively.

With this in mind, here is an overview of what you need to know after a distracted driving accident in Florida:

1. Violating Florida’s Distracted Driving Law Constitutes Negligence Per Se

In the vast majority of cases, asserting your rights after an accident involves proving negligence. If you can prove that the other driver (or another party) was negligent, then you are entitled to just compensation under Florida law.

While there are several ways to prove negligence (as we discuss in detail below), one way is by establishing negligence per se. Under Florida’s negligence per se law, violating a statute that exists to protect the safety of others is itself evidence of negligence. So, if a driver violates Florida’s distracted driving law by using a handheld cell phone behind the wheel—and if the driver causes an accident as a result—proving the violation could be enough to establish your right to just compensation.

Does this mean you need to wait and see if the driver gets convicted? No, it does not—and this is extremely important. After any type of auto accident, you need to take action as soon as possible. You need to see a doctor for treatment promptly, and you need to contact a Fort Myers car accident lawyer for legal representation right away. While filing a claim based on distracted driving may be an option, it also may not be your only option. To determine what other claims you may be able to file, your lawyer will need to collect the available evidence before it disappears.

2. Distracted Driving Does Not Have to Be Illegal to Be Deemed Negligent

Handheld cell phone use is just one of many forms of distracted driving. So, what are your rights if you got hit by a distracted driver, but the driver was not distracted by his or her phone?

While other forms of distracted driving may not be negligent per se, they are still negligent. All forms of distracted driving are dangerous, and there is no excuse for putting other motorists at risk unnecessarily. For example, although the following forms of distracted driving are not illegal in Florida, they can still entitle accident victims and their families to just compensation:

• Following GPS directions
• Using in-car infotainment systems
• Talking to passengers
• Eating and drinking
• Personal grooming
• Smoking
• Reading signs, rubbernecking, and looking at other distractions outside of the vehicle

When a driver is distracted by his or her phone, obtaining the driver’s phone records through a subpoena can be an efficient and effective way to prove negligence per se. But what if the driver caused an accident because he or she was distracted by something else? In this scenario, there may be several forms of evidence available to prove that the driver is responsible for causing the crash. For example, common forms of evidence in personal injury and wrongful death cases involving distracted driving accidents include:

• Vehicle “black box” or telematics data
• Drink cups, foot wrappers, cigarette butts, and other debris in the driver’s cabin
• Eyewitness testimony
• Traffic camera or surveillance camera footage
• Skid marks and other forensic evidence showing that the driver slammed on the brakes or failed to brake before the accident
• The driver’s admissions at the scene of the accident
• The driver’s admissions after the accident on social media

Once you engage a lawyer to represent you, your lawyer can hire an investigator to quickly gather as much evidence from the scene of the accident as possible. The investigator may also examine each of the vehicles involved in the crash. Then, based on this evidence, your lawyer can determine what additional steps are necessary—such as subpoenaing the other driver’s “black box” data or seeking to obtain footage of the crash from a law enforcement agency, news organization, or nearby business.

3. Florida’s “No-Fault” Auto Insurance Law Applies in Distracted Driving Cases

Regardless of the type of distraction that led to your (or your loved one’s) accident, you will need to contend with Florida’s “no-fault” auto insurance law. While this law is designed, in part, to ensure that accident victims have access to coverage when they suffer relatively minor injuries, it creates additional challenges for those who need to recover substantial compensation for their accident-related losses.

Here is how it works: Under Florida law, all drivers are required to have personal injury protection (PIP) coverage. They are also required to have property damage liability (PDL) coverage. But crucially, they are not required to have bodily injury liability (BIL) coverage—and this is the coverage that applies when a driver is responsible for injuring someone else.

Personal injury protection is available to all covered accident victims on a “no-fault” basis. This means that you do not need evidence of fault to file a claim. Your insurance company is supposed to pay no matter what. Florida’s minimum PIP limit is $10,000. So, if you have PIP insurance, you should have access to at least $10,000 in coverage (less your deductible) for your medical bills and lost wages.

While BIL insurance is not mandatory in Florida, some drivers still choose to purchase this coverage to protect themselves. If the distracted driver who hit you or your loved one has BIL insurance, you can file a claim if you can prove that you or your loved one suffered a “significant” or “permanent” injury. This requires a case-by-case analysis, but generally speaking, injuries that can qualify include things like:

• Broken bones that result in permanent limitations or disabilities
• Eye, ear, and nose injuries that cause permanent impairments
• Organ damage that results in loss of a bodily function
• Paralysis (full or partial)
• Significant scarring or disfigurement
• Traumatic brain injuries (TBI) that result in permanent limitations or disabilities
• Fatal injuries

If the distracted driver has BIL insurance, and if you can prove a “significant” or “permanent” injury, then you can file a fault-based claim under the distracted driver’s BIL policy. Depending on the circumstances, this may involve establishing negligence per se based on the driver’s handheld cell phone use, or it may involve using the types of evidence listed above to prove a non-phone-related distraction.

4. Filing a Claim Often Will Not Involve Filing a Claim Against the Distracted Driver (or the Driver’s Insurance Company)

Unfortunately, since Florida’s “no-fault” insurance law allows people to drive without paying for BIL insurance, many drivers do not have this coverage. If you or a loved one got hit by a distracted driver who does not have insurance, you still have rights—and you will need to work with your Fort Myers car accident lawyer to determine what claim (or claims) you may be able to file.

Depending on the circumstances, your options in this scenario may include:

Filing an Uninsured Motorist (UM) Claim

Do you have uninsured motorist (UM) coverage under your auto insurance policy? If you do, you may be able to file a UM claim after a distracted driving accident.

Uninsured motorist insurance covers you when you or a loved one suffers injuries in an accident caused by a distracted driver who does not have BIL coverage. When you file a UM claim, your insurer “stands in the shoes” of the distracted driver’s insurance company, which means that you must still be able to prove fault in order to recover proper compensation.

As a result, filing a UM claim is very similar to filing a BIL claim—and this means that you will want to have an experienced Fort Myers car accident lawyer on your side. Along with proving that the driver who hit you was distracted, your lawyer can also prove how much you are entitled to recover for your medical bills, loss of income, pain and suffering, and other long-term financial and non-financial losses.

Filing a Claim Against a Teen Driver’s Parents

According to data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), more than 10 percent of distracted drivers are teenagers. If you or your loved one suffered significant or permanent injuries in an accident involving a distracted teen driver, you may be able to hold the teen’s parents responsible.

Florida law specifically provides that parents are liable for their teen drivers’ negligence. Under Section 322.09(2) of the Florida Statutes:

“Any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.”

This is true whether a teen driver is distracted by his or her phone, friends, or anything else inside or outside of the vehicle. If you are dealing with the aftermath of a serious accident caused by a teen driver, we encourage you to speak with a Fort Myers car accident lawyer at our firm promptly to learn more.

Filing a Claim Against the Distracted Driver’s Employer

Distracted drivers’ employers can also be held liable for their negligence in some cases. Florida law holds employers “vicariously liable” for their employees’ negligence within the scope of their employment. So, if the distracted driver who hit you or your loved one was working at the time of the crash, you may have a claim against his or her employer. Most companies have insurance coverage to protect themselves in these cases, and their policy limits are often much higher than the policy limits of drivers’ BIL policies.

5. Protecting Your Rights Requires Prompt Action

Regardless of the claim (or claims) you can file, protecting your rights after a distracted driving accident in Florida requires prompt action. If you ignore your situation, you will not recover the financial compensation you and your family deserve. Fortunately, the first step is easy. All you have to do is contact a lawyer for help. Your lawyer will walk you through everything you need to know while handling your claim (or claims) on your behalf, and if a settlement offer is on the table, your lawyer will help you decide whether to accept. Your lawyer will also fight for your rights in court if necessary. You owe it to yourself and your loved ones to take action, and hiring an experienced lawyer will help ensure that the recovery process is as simple and quick as possible.

Contact Us for a Free Consultation with a Fort Myers Car Accident Lawyer Today

Do you need to know more about your rights after a distracted driving accident in Florida? If so, we strongly encourage you to contact Spivey Law Firm, Personal Injury Attorneys, P.A. for a free consultation. To speak with an experienced Fort Myers car accident lawyer as soon as possible, call Randall L. Spivey at 888-477-4839 or get in touch online at Spiveylaw.com now.