While technology has largely improved daily life, it has also been destructive to it. In particular, mobile phone technology has contributed to the increase in car accidents caused by distracted drivers. These drivers simply cannot react in time to prevent collisions. If you were injured in an accident caused by a distracted driver, you may be eligible to recover compensation by filing a lawsuit.

Since it can be difficult to establish fault in these types of accidents, it may be helpful to contact a West Palm Beach distracted driving accident lawyer who is experienced in gathering evidence. Skilled car accident attorneys could help you establish fault, negotiate with insurance companies, and represent you before a jury to pursue fair compensation on your behalf.

Types of Distracted Driving Accidents

There are three main types of situations that may be considered distracted driving:

  • Visual – the driver takes their eyes off the road
  • Cognitive – the driver’s internal thoughts or emotions distract them
  • Manual – the driver takes their hands off the wheel to text, care for children, eat, et cetera

Texting is frequently the cause of distracted driving accidents because it causes all three types of distraction to the driver. Unfortunately, according to the Florida DMV, texting while driving in Florida is only a secondary offense, which means the driver cannot be pulled over for texting alone. Instead, they would have to first commit a primary offense, such as speeding, to be pulled over. A West Palm Beach distracted driving accident lawyer could help the injured party understand the potential cause of the accident. Texting can also be a primary cause of driving accidents involving pedestrians, trucks, or bicycles.

Pedestrians who text and walk may be distracted and fail to exercise the proper degree of care at intersections. Likewise, drivers of long-haul trucks may be distracted by navigation technologies, which when combined with the fatigue of a long drive, may lead to a distracted driving accident. Bicyclists can also cause an accident by texting while biking. If the bicyclist swerves into the road, a motor vehicle may have to swerve to avoid collision with the bike, potentially causing a motor vehicle accident.

Establishing Fault in West Palm Beach

Certain types of proof may be necessary to prove that the distracted driver was responsible for causing the accident. Fault can be shown by:

  • Phone records – a lawyer could subpoena the other driver’s phone records to determine whether they were talking on the phone or texting at the time of the accident
  • Video surveillance – if there are video cameras near the accident scene, a lawyer could subpoena the footage to gain evidence as to causation
  • Expert witness testimony – an attorney could call in an expert to reconstruct the scene of the accident to better determine what happened
  • Black box recordings – some newer vehicles may contain evidence in the form of the front, rear, or side camera recordings that can be useful in establishing causation

How a West Palm Beach Distracted Driving Accident Attorney Could Help

Although distracted driving may be a common cause of accidents in today’s technology-focused world, establishing fault can be difficult. A reputable West Palm Beach distracted driving accident lawyer understands the steps necessary to establish fault and gain access to the resources that may be required to do so.

You should not have to suffer because another driver failed to pay attention to the road. If you sustained injuries because of someone else’s negligence, a distracted driving lawyer in West Palm Beach could help you pursue the compensation you deserve.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

N/a
2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260