Distracted Driving
Most of us have talked on a cell phone while driving. Some of us have received, or even sent a text message while driving. It probably didn't lead directly to an accident in that instance. Because they have not themselves been in an accident due to distracted driving, many Americans believe that it is no big deal, or that they - unlike most other drivers - are capable of driving safely while talking or texting on a handheld cell phone, using a GPS device, grooming, eating, and so forth.
The reality is that distracted driving is a very risky behavior. With the advance of mobile technologies, it is an increasingly frequent phenomenon. As a result, accidents due to distracted driving are on the rise.
According to the National Highway Traffic Safety Administration (NHTSA), 20 percent of injury crashes in 2009 involved distracted driving. 5,474 people were killed in the U.S. in 2009 in distracted driving-related accidents, and an estimated 448,000 additional drivers were injured in distracted driving accidents. According to the NHTSA, the percentage of drivers reported to be distracted during fatal accidents rose from 7 percent in 2005 to 11 percent in 2009. Drivers who use hand-held devices while driving are four times as likely to get in an accident as other drivers.
These statistics are alarming. In recent years, many states have enacted various laws regulating cell phone use, texting, and other driving behavior. However, despite numerous bills proposed in the state legislature in recent years aimed at curtailing distracted driving, Florida currently has no laws regulating distracted driving. While it is not illegal for Florida drivers to drive and use cell phones, text, or perform other distracted driving activities, it is clearly dangerous.
Texting - an increasingly common driving behavior - is particularly dangerous. The U.S. Department of Transportation has identified three primary types of distraction: visual (taking your eyes off the road), manual (taking your hands off the steering wheel or other necessary controls), and cognitive (taking your mind off what you are doing). Texting is considered especially dangerous because it involves all three of these distractions.
If you have been injured due to a distracted driver, you are entitled to financial compensation for your injuries. While Florida does not have distracted driver laws, the overwhelming body of statistical evidence regarding the dangers of distracted driving makes it relatively easy to demonstrate the negligence of the distracted driver. When looking for an attorney to represent you in your distracted driving injury case, you should look for an experienced personal injury attorney who understands the scientific evidence regarding the dangers of distracted driving, and who can effectively cross-examine the negligent driver regarding his or her conduct while driving.
At Cohn & Smith, we are experienced Fort Lauderdale car accident attorneys. We have represented hundreds of injured drivers, and many drivers who were injured due to the distracted driving of another. We understand how to demonstrate to a group of jurors - who may themselves engage in distracted driving - that this conduct is dangerous and cannot be condoned. We will give your case personal attention and represent your interests aggressively. If you have been injured due to a distracted driver, call us today at (954) 522-4600 for a free consultation.