How to Prove a Driver was Distracted – Miami Car Accident Lawyer
There are many things that cause us to become distracted while driving. Talking on cell phones, texting, and the fast pace of life, in general, can make it a challenge to pay attention while on the road. However, once someone gets behind the wheel, they have the responsibility to pay careful attention to what they are doing. If a driver is focused on something other than driving, they are more likely to get into an accident. In fact, one in five collisions are caused by distracted drivers. And when these distracted drivers cause injury to others on the roadway, these drivers should be held responsible for driving in a similar way to those who drive recklessly. It can be a challenge to prove that a driver was distracted while driving. However, a Miami personal injury lawyer can help you prove the other driver was distracted and the collision was caused, at least in part, by the other driver not paying attention to the road.
What Is Distracted Driving?
In the state of Florida, a driver can be charged with distracted driving if they were doing one or more of these things while trying to operate a vehicle.
- Using an electronic device
- Talking to a passenger
- Eating or drinking
- Pressing buttons on an entertainment system
- Brushing hair or putting on makeup
There are many behaviors that could lead to a suspicion of distracted driving. However, it can be a challenge to prove that these distractions contributed to the accident. This is why a distracted driving lawyer is needed to handle your case, if you think the accident was caused by at least one of the above-mentioned activities.
Aggressive Careless Driving
Aggressive careless driving is defined as unsafe or illegal driving that may be done as the result of not paying attention. Aggressive careless driving can include:
- Driving over the speed limit
- Unauthorized lane changes
- Running red lights or stop signs
- Following another driver too closely
- Not paying attention to a pedestrian crossing
If your accident was caused by aggressive careless driving it can be easier for a Miami personal injury law firm to make your case. The reason is that the driver was clearly engaged in risky and illegal driving, whereas with distracted driving, the Miami accident lawyer may depend on witnesses to attest to the fact that the driver was distracted. The drivers can often help the case, however, by admitting to a police officer after the accident that they were distracted, to avoid being accused of intentional reckless driving. This confession can help your case. Consult a personal injury lawyer in Miami if you feel your accident was the result of the carelessness or the distractedness of the other driver.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Miami Car Accident Lawyer.