Hit and Injured By a Distracted Driver in Palm Beach Gardens, FL?
Send negligent drivers a strong message with help from an experienced lawyer
Whether it's texting and driving, talking to a passenger, or simply being distracted by their surroundings, driver distractions can have severe consequences on Florida roads. These distractions divert the driver's attention away from the task of driving, increasing the risk of serious car accidents and injuries. It only takes a split second of distraction for a collision to occur, leading to devastating consequences for everyone involved. That's why it's crucial for drivers to prioritize safety and focus solely on the road while behind the wheel.
At The Law Offices of Casey D. Shomo, P.A. in Palm Beach Gardens, we understand the profound impact that distracted driving accidents can have on victims and their families. Mr. Shomo and his dedicated legal team are committed to holding distracted drivers accountable for their negligence and seeking justice for those who have been injured as a result.
If you or a loved one has been injured in a crash involving a distracted driver in Palm Beach Gardens, you don't have to face the legal process alone. Mr. Shomo and his team will fight tirelessly on your behalf to ensure that you receive the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering. Contact us today for a free consultation with our law firm, and let us help you pursue the justice and financial compensation you deserve.
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Distracted Driving Accident FAQs
- What is distracted driving?
- What are the different types of distracted driving?
- What are Florida’s texting and driving laws?
- How common are distracted driving crashes in Palm Beach Gardens, and what roads see the most incidents?
- Can I still recover compensation if I was partially distracted at the time of the crash?
- What role does cellphone data play in proving distraction after a crash on roads like Military Trail or I-95?
- How do insurance companies try to shift blame away from a distracted driver?
- Are distracted driving cases handled differently when they involve commercial or delivery vehicles?
- What are the signs that the other driver was distracted, even if they deny it?
- How can a Palm Beach Gardens distracted driving accident lawyer help strengthen my case?
What is distracted driving?
Distracted driving means driving while not fully paying attention. It happens when a driver's focus is on something other than driving, making it harder to stay alert, control the vehicle, and make quick decisions. Distractions can come from thoughts, things happening nearby, or doing activities unrelated to driving. The results of distracted driving can be serious, affecting not only the driver but also passengers and others on the road.
What are the different types of distracted driving?
Distracted driving comes in different forms, each posing its own set of risks. Understanding these types helps highlight the various ways attention can be diverted while behind the wheel:
- Visual: This occurs when a driver diverts their eyes away from the road, which can happen when they look at a passenger, check their phone, or read a map while driving.
- Manual: Manual distraction involves taking one or both hands off the steering wheel. This can happen when a driver reaches for an object, eats, grooms themselves, or adjusts controls in the vehicle.
- Cognitive: Cognitive distraction happens when a driver's mind is not fully focused on driving. This can occur when a driver daydreams, engages in deep conversations or is mentally occupied with activities other than driving. Cognitive distractions may also include phone conversations or using hands-free devices that still take attention away from the road.
It is worth noting that texting while driving involves all three types of distraction, making it particularly dangerous and increasing the likelihood of accidents and injuries on the road.
What are Florida's texting and driving laws?
Florida has strict laws against texting while driving, outlined in Florida Statutes section 316.305. This law specifically prohibits operating a motor vehicle while manually typing or entering text into a wireless communications device for nonvoice interpersonal communication. This includes activities like texting, emailing, and instant messaging.
Other types of distracted driving aren’t specifically illegal. However, all motorists have a legal responsibility to pay attention, operate their vehicles safely, and avoid causing crashes. When they fail in that responsibility, they can be held accountable.
How common are distracted driving crashes in Palm Beach Gardens, and what roads see the most incidents?
Distracted driving is one of the leading causes of crashes in Palm Beach Gardens, particularly in high-traffic corridors like I‑95, Military Trail, and the intersections along Okeechobee Boulevard and Glades Road. These areas see a mix of commuter traffic, tourists, and delivery vehicles – making them hotspots for distraction-related accidents. According to local crash data, thousands of accidents in the area are linked to inattention, with phone use and in-vehicle distractions being top contributors. If your crash happened on one of these roads and distraction was a factor, a lawyer can help determine liability and strengthen your claim with local traffic insights.
Can I still recover compensation if I was partially distracted at the time of the crash?
Yes, under Florida’s comparative fault system, you can still pursue compensation even if you were partially distracted, as long as you were not more than 50% at fault. Your total compensation may be reduced based on your percentage of responsibility, but partial distraction does not automatically disqualify you. For example, if you were adjusting your GPS when another driver ran a red light and hit you, both parties might share fault. A Palm Beach Gardens accident attorney can help investigate the facts and advocate for a fair fault allocation that reflects the other driver’s role in the crash.
What role does cellphone data play in proving distraction after a crash on roads like Military Trail or I‑95?
Cellphone data can be pivotal in proving that the at-fault driver was texting, using apps, or otherwise distracted when the crash occurred. In busy areas like Military Trail or I‑95, where seconds of inattention can lead to high-speed collisions, timestamped call logs, texts, and app usage can establish liability. However, this data often requires legal action to obtain and must be interpreted within the context of the crash. A local accident lawyer can file the necessary subpoenas and work with tech experts to tie the driver’s phone activity directly to the moment of impact.
How do insurance companies try to shift blame away from a distracted driver?
Insurance companies work aggressively to minimize payouts, especially in distracted driving cases where liability may seem obvious. Their strategy often involves reframing the situation or undermining the evidence that proves distraction. Even when there is a clear indication of phone use or other distractions, they may argue alternate causes or partial blame. Common tactics insurers use to deflect blame from distracted drivers include:
- Claiming lack of definitive proof of distraction: They may argue that there is no concrete evidence, such as phone records or video, to support claims the driver was distracted.
- Blaming road conditions or other drivers: Adjusters often point to poor visibility, traffic signals, or even your own driving to suggest shared fault.
- Disputing the timing of distraction: Even if a driver admits to looking at their phone, insurers might claim it happened before or after the moment of impact.
- Minimizing the distraction’s impact: They might argue that the distraction was not significant enough to have caused the crash, especially in rear-end or intersection collisions.
- Demanding an unreasonable level of proof: Some insurers delay claims by requesting surveillance or witness statements that are difficult to obtain without legal help.
If you suspect the at-fault driver was distracted, it is important to have a lawyer who knows how to counter these tactics and push back using the right evidence and legal strategy.
Are distracted driving cases handled differently when they involve commercial or delivery vehicles?
Yes, distracted driving crashes involving commercial or delivery drivers, such as Amazon vans, DoorDash contractors, or local service trucks, often involve additional layers of liability. Employers or parent companies may be held responsible under Florida law if the driver was working at the time, especially if policies or pressure to multitask contributed to distraction. These cases may also involve commercial insurance policies with higher coverage limits but more aggressive defense tactics. A Palm Beach Gardens injury lawyer experienced in commercial claims can help navigate these complexities and pursue all available avenues for compensation.
What are the signs that the other driver was distracted, even if they deny it?
Drivers rarely admit to being distracted, even when it is the primary cause of the crash. Proving distraction often comes down to circumstantial evidence and the details uncovered in a thorough investigation. Recognizing key indicators can help support your claim and pressure insurers to take your case seriously. Red flags that may suggest the other driver was distracted include:
- No attempt to brake or swerve: If the crash happened without skid marks or evasive action, the driver may not have been looking at the road.
- Inconsistent statements: Conflicting details in their story or an inability to recall what happened could point to distraction.
- Phone usage records: Timestamped call logs, texts, or app usage may indicate they were on their phone around the time of the crash.
- Open food or drink containers: Fast food wrappers or spilled drinks in the vehicle could suggest eating or drinking while driving.
- Passenger statements or dash cam footage: Eyewitnesses, especially those inside the vehicle, may confirm distracted behavior before the crash.
A distracted driving accident lawyer can help uncover this type of evidence and build a stronger case that holds the negligent driver accountable.
How can a Palm Beach Gardens distracted driving accident lawyer help strengthen my case?
Distracted driving claims are rarely straightforward. Proving liability often requires more than a police report, it calls for a strategic approach, technical evidence, and a clear understanding of local traffic conditions. A Palm Beach Gardens lawyer brings all of this together in a way that builds a compelling case for full compensation. An experienced distracted driving accident lawyer can assist by:
- Requesting cellphone records and surveillance footage: Legal authority is often needed to obtain the proof that insurers try to keep out of reach.
- Interviewing witnesses and reviewing traffic camera data: Many intersections in Palm Beach Gardens, such as those on Glades Road or near the Okeechobee Boulevard corridor, have nearby businesses or cameras that may have caught the crash.
- Analyzing crash scene data with experts: They can work with specialists to match your injuries with the physics of the crash, making your claims harder to dispute.
- Handling insurance negotiations and communications: This keeps you from falling into common traps like recorded statements that may be used to deny or reduce your claim.
- Identifying all possible sources of compensation: This includes third-party liability or commercial policies if the distracted driver was working at the time.
A skilled local attorney knows how Palm Beach Gardens roads, traffic, and legal systems operate. That kind of insight can make the difference between a lowball offer and a full, fair recovery.
The right attorney can protect your rights
When you choose The Law Offices of Casey D. Shomo, P.A. for your distracted driving accident claim, you select a team dedicated to securing the maximum compensation for you. From your free consultation to settlement or trial, we'll fight hard for you from start to finish.
Get a law firm committed to your success. Contact us and arrange your free consultation with a trusted Palm Beach Garden car accident attorney. We approach each case with the seriousness it deserves. Your case matters to us, and we handle it like it was our own.