Since the advent of the cell phone, accidents due to distracted driving are on the rise, not only in Florida, but in the rest of the country as well. Distracted driving is any activity that causes a driver’s attention to be on something other than operating their automobile. Although texting and talking on a cell phone are the most common form of distracted driving, there are several other activities that can take drivers’ eyes and minds off the road. Some examples are:
- Putting on makeup
- Adjusting car climate, GPS and radio controls
- Eating and drinking
- Talking to passengers
- Reading
- Brushing hair
If you were in an accident that you suspect was caused by another person’s distracted driving, there are ways to assemble proof for use in a legal claim. Although Florida’s no-fault car insurance law requires claiming first against your own insurance coverage for your medical bills and other out-of-pocket costs, you may be able to sue for damages for serious injuries. An experienced automobile accident attorney can help you gather evidence for your case, such as:
- Witness testimony — There may be witnesses that saw the driver eating or talking on a cell phone when the accident occurred.
- Traffic citations — The police on the scene may have issued a citation to the other driver for texting while driving.
- Police reports — The police report may have information about what the other driver was doing when the collision happened.
- Cell phone data —The other driver’s cell phone records will show if there were any texts or calls around the time of the accident.
- Skid marks — It is often possible to determine from skid marks the direction, relative speed and braking force of the vehicles involved in the accident. If there are no skid marks, it may mean that the other driver was not paying attention and therefore did not apply the brakes in time.
- Signs of rummaging — There may be food, drinks, makeup or other loose items in the front seat or on the floor of the other driver’s car.
If your state of health allows, you can help your case by doing your own investigation at the accident scene. Get the contact information of all parties involved, take photos of the vehicles and roadway and makes notes or voice recording of all your observations.
The experienced auto accident attorneys at Largey Law Firm can help you gather evidence of liability on the part of other drivers involved. To schedule a free initial consultation with an experienced lawyer, contact us online. We have offices in Tavares, Clermont and Inverness.
