Wesley Chapel Distracted Driving Accident Lawyer

Distracted driving has become one of the most common causes of car accidents in Wesley Chapel and throughout Florida due to the prevalence of cell phones and personal electronics. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) says a car accident occurs every 44 seconds in Florida, and 1 in 7 crashes involves a distracted driver.

Were you injured and are facing mounting bills because of a car accident in Wesley Chapel that a distracted driver may have caused? An experienced distracted driving accident lawyer from Zervos & Calta, PLLC, may be able to help you. Our legal team has a lengthy track record of helping residents of the Tampa Bay area recover compensation after being injured by other drivers’ negligence in distracted driving crashes and similar cases.

Contact us today at (727) 597 5870 for a free consultation with a Wesley Chapel distracted driving accident lawyer. You’ll discover how we can guide you through a car accident claim and demand compensation from the distracted driver responsible for your injuries and other losses. We have fought aggressively for others like you, and they appreciate us helping them find a sense of justice after a car accident.

What Are Some Examples of Distracted Driving?

Distracted driving is anything that takes a driver’s eyes off the road, hands off the wheel, or mind off the task of driving. It is extremely risky behavior that puts everyone on the road in danger.

Texting on a cellphone is considered one of the most dangerous distracted driving behaviors because it requires all three types of distraction: visual (eyes off of the road), manual (hands off the wheel), and cognitive (mind off of driving).

Other forms of distracted driving include the following:

• Using a cellphone or other mobile device to make calls, check apps, etc.
• Adjusting the vehicle’s entertainment system, navigation system, or climate controls
• Interacting with passengers, such as children in the back seat
• Interacting with unsecured pets
• Eating and drinking
• Putting on makeup and other types of grooming (e.g., combing hair, shaving)
• Watching people or an event outside of the vehicle
• Daydreaming

What Types of Accidents Can Be Caused by Distracted Driving in Wesley Chapel?

Distracted drivers often cause accidents because they fail to recognize oncoming danger soon enough to brake or swerve and avoid it. These kinds of distracted driving accidents tend to cause serious injury or death because they happen at higher speeds. In other cases, a distracted driver will drift out of their lane into traffic or run off the road, causing them to be startled and overcorrect, leading to a collision.

Distracted drivers can cause the following:

• Rear-end collisions, by failing to notice that a vehicle ahead has slowed or stopped
• Head-on or side-swipe collisions, after drifting over the centerline or out of their lane
• Side-impact collisions, by running a stop sign or traffic light or being in an “overcorrecting” car accident
• Rollover accidents, after running off the road or suddenly turning or swerving to avoid a collision

What Injuries Can Happen in a Wesley Chapel Distracted Driving Accident?

The blunt-force impact of a distracted driving accident that is not fatal may cause the following injuries:

• Traumatic brain injury (TBI)
• Back and spinal cord injury, including paralysis
• Whiplash
• Broken bones
• Sprains, strains, tears, and other soft tissue injuries
• Internal bleeding
• Burns
• Lacerations
• Contusions

What Are Florida’s Laws Against Distracted Driving?

Using wireless communications devices while driving is a primary offense under the Florida Ban on Texting While Driving Law (Fla. Stat. § 316.305). The law says that a person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, or symbols into a wireless communications device to text, email, or instant message or while sending or reading data on such a device.

Florida law also prohibits using wireless communications devices in a handheld manner in a designated school crossing, school zone, or active work zone area (Fla. Stat. § 316.306).

“Wireless communications devices” includes a cell phone, tablet, laptop, two-way messaging device, or an electronic game that can be used in a handheld manner.

Law enforcement officers can stop a vehicle solely for using a wireless communications device while driving.

Violating the ban on texting while driving is considered a non-moving traffic violation and may result in a $30 fine. For a second offense within five years or for a first violation in a school or work zone, a driver may be charged with a moving traffic violation punishable by a $60 fine and three points against their driver’s license.

What Should I Do If I Have Been Hit by a Distracted Driver?

Do you suspect that distracted driving led to a car accident in the Wesley Chapel, FL, area that caused you serious injuries? If so, you should speak with a Wesley Chapel distracted driving accident lawyer at Zervos & Calta, PLLC about a car accident claim for compensation from the responsible party.

Immediately after a distracted driving accident, you should do the following:

• Obtain medical care and follow your healthcare provider’s instructions for treatment, including subsequent appointments.
• Maintain records of all costs related to the accident, including bills for medical care, car repairs, and lost wages.
• Avoid speaking to the insurance company until you have met with an attorney.

If you engage Zervos & Calta, PLLC, as your attorneys, we can handle all aspects of your claim — including all contact and paperwork required by insurers — while you focus on getting well.

How Can You Prove the Driver Who Hit Me Was Driving Distracted?

As your attorneys, Zervos & Calta, PLLC will investigate the circumstances of your car accident to compile evidence of driver distraction and who would hold liability (to be legally responsible) for your losses.

Evidence of distracted driving may be found by investigating the following:

• Police reports, which may indicate that the driver was cited for texting while driving or distracted driving.
• Cell phone usage reports, which would show any call or texting at the time of the crash
• Debit or credit card receipts, which may indicate food or drink purchases just prior to the accident.
• Digital data within the vehicle’s systems, including Bluetooth records and the vehicle’s event data recorder (EDR), which can provide insights into the driver’s actions in the moments before the accident.
• Statements from witnesses, potentially including passengers in the vehicle or individuals who were communicating with the driver at the time of the crash (we interview witnesses informally as part of our investigations, and after a legal claim is filed, we “depose” witnesses, which means questioning them under oath).

Can I Seek Compensation for a Wesley Chapel Distracted Driving Accident Claim?

We at Zervos & Calta, PLLC will calculate your costs and losses, identify all insurance coverage applicable to your claim, and seek all legally available compensation.

This compensation may include payments for the following:

• Medical expenses, from emergency care to rehabilitation and therapy
• Lost wages
• Losses due to reduced earning capability
• Pain and suffering
• Property damage.

Do I Have a Limited Time to File a Car Accident Lawsuit in Florida?

In most cases, Florida’s statute of limitations allows an injured person two years from the date of the accident to file a lawsuit against the at-fault party. However, the specifics of your situation may provide exceptions.

The investigation and other work required prior to filing a distracted driving lawsuit is time-consuming, and unscrupulous insurance companies have multiple delay tactics. It is better to consult an attorney as soon as you are able about the possibility of a legal claim.