distracted driving accident lawyers Tag Archives

March 5, 2021

Avoid Distracted Driving to Prevent Car Accidents in Miami

After years of public awareness campaigns and enactment of numerous Florida laws prohibiting interaction with telecommunications devices, Miami drivers are well-aware of the dangers of using a cell phone behind the wheel. Specifically with regards to texting, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) points out that there are three areas that impact safe driving:

Visual, where you take your eyes of the road and vehicle systems;
Manual, since your hands are not on the steering wheel where they belong; and,

January 22, 2021

Non-Phone Distracted Driving and Miami Car Accidents

by Gerson & Schwartz, P.A.

The dangers of distracted driving are not new to motorists in Miami and throughout the US, claiming the lives of more than 2,800 people every year – including drivers, passengers, pedestrians, bicyclists, and other road users. Motorists who text, talk on the phone, post to social media, and engage in other cell phone use remain a threat. However, it is worth noting that the National Highway Traffic Safety Administration (NHTSA) classifies many other activities under the umbrella of “distracted driving.” Any activity that diverts attention away from operating the vehicle could be a factor in a car accident.

As such, you should be aware of numerous forms of distracted driving that do NOT involve cell phone use. You can avoid Miami car accidents by avoiding these activities yourself – and steering clear if you observe other motorists engaging in risky behaviors behind the wheel.

Eating and Drinking

September 25, 2020

What is More Dangerous: Drunk or Distracted Driving?

by Gerson & Schwartz, P.A.

DUI and drugged driving have ranked as a top cause of car accidents for decades, but another threat that is almost as dangerous has been making headlines for the last few years — distracted driving. The National Highway Traffic Safety Administration (NHTSA) reports that 2,841 drivers, passengers, pedestrians, and bicyclists were killed because of distracted driving in 2018. That figure is far less than the 10,511 victims who died in drunk driving crashes, but the trend is still cause of alarm. Any time a motorist is texting, talking on the phone, eating, adjusting the radio, or engaged in other tasks, there is a risk of a serious collision.

Though DUI crashes may lead to more fatalities, it is still worth looking at additional statistics on the dangers and how distracted driving causes Miami car accidents.

Statistics Comparing Drunk and Distracted Driving

August 21, 2020

Proving a Miami Texting and Driving Car Accident Claim

by Gerson & Schwartz, P.A.

Many US states have taken action against the dangers of texting and driving by enacting statutes that make certain types of cell phone use illegal while a driver is operating a vehicle. Florida’s approach is contained within the Florida Ban on Texting While Driving Law, which took effect in July 2019. Police now have primary enforcement to pull over a motorist if they observe violations of the law, and there are penalties for getting a ticket. However, if illegal cell phone use is linked to an injury-causing accident, victims cannot always rely on law enforcement observations when pursuing their right to compensation. Unlike a drunk driving accident where the motorist’s chemical rests reveal a blood alcohol content over the legal limit, there are issues of proof with a distracted driving crash.

You cannot expect the responsible driver to admit to texting, so you – through your Miami car accidents attorney – will need to explore other options to get essential evidence. An overview of the key issues may help you understand the importance of proof in texting and driving collision claims.

Florida Law on Texting While Driving

February 7, 2020

Driving with a Pet: Unexpected Cause of Miami Car Accidents

by Gerson & Schwartz, P.A.

Dogs are a part of the family in South Florida more than ever, which means many drivers take Fido along when they are traveling or making short trips around Miami. While it might seem adorable to see motorists petting furry friends and allowing them to sit in their laps, the truth is that these people are creating a serious safety risk. The comparison to the distracted driving dangers involved with talking, texting, and other cell phone use is very real.

Still, there are few laws or regulations covering the topic across the US. Florida has yet to take legislative action, so you can be sure drivers will continue to operate their vehicles under such risky circumstances. Fortunately, you do have rights if you are injured in a Miami car accident, so some background information may be helpful.

Comparing the Dangers of Cellphone Use to Driving with a Pet

January 10, 2020

Grace Period Ends: Will Florida’s Hands-Free Law Prevent Miami Car Accidents?

by Gerson & Schwartz, P.A.

Every new year brings new laws in Florida, and 2020 is no different. A Miami Herald article dated December 31, 2019 described several key pieces of legislation that became effective on January 1, from an increase in the smoking age to a higher minimum wage. The article also pointed out that police would be stepping up enforcement of the state’s hands-free driving law. As you might recall, legislators passed the measure for an effective date of July 2019, but there was a grace period to allow motorists to get used to following it. As of the first day of 2020, officers would no longer allow drivers to get away with certain forms of cell phone use while operating a car.

Still, there will always be people who do not comply with the law, so the threat of distracted driving auto collisions is still very real. You should talk to a Miami car accidents attorney if you were hurt in such an incident, but read on for an overview of the relevant legal concepts.

Summary of Florida’s Hands-Free Law

July 8, 2019

New Florida Law Cracks Down on Distracted Driving

by Gerson & Schwartz, P.A.

Florida recently joined many other US states in cracking down on certain forms of cell phone use while driving, with a new law that went into effect July 1, 2019. An article in the Sun-Sentinel outlined the details of the Wireless Communications While Driving Law, which bans holding or handling a phone to:

Text or make calls;
Navigate via GPS;

September 26, 2016

Distracted Driving a Leading Cause of Accidents in Florida

by Gerson & Schwartz, P.A.

In today’s society, almost every driver has a cell phone. Whereas cell phones are often a lifesaver after an accident, or when a driver is stranded, they also pose a dangerous threat to motorists in the state of Florida. In 2015, approximately 45,740 accidents in Florida were attributed to distracted driving. About 24,560 of these crashes resulted in injuries, and, tragically, 198 resulted in fatalities. Nearly 200 individuals lost their lives in 2015 in Florida because a driver failed to pay attention to the road. Distracted driving accidents are on the rise and unfortunately will likely continue in the near future.

There are three categories of distractions on the road:

Visual, or taking one’s eyes off of the road;