Cape Coral Distracted Driving Accident Attorneys

Driving a car in Florida is a privilege, not a right. When people get behind the wheel, they have a responsibility to pay attention to the road and stay focused at all times. Unfortunately, many drivers get distracted while operating a vehicle, thus posing a risk to everyone around them.

If you or someone close to you was hurt in a collision caused by distracted driving, you should seek the assistance of an experienced car accident lawyer. We have helped numerous individuals seek the justice and compensation they deserved after a car accident, and we can help you as well.

What is Distracted Driving?

The Florida Department of Transportation defines distracted driving as any mental or physical activity that takes an individual's focus off the task of handling a vehicle. When a person's attention is not on the road, the likelihood of a car accident increases greatly. The United States Department of Transportation estimates that a person was hurt every 75 seconds in a collision caused by a distracted driver in 2012.

Drivers can be distracted in a variety of ways, including using their cellphones to talk or text, eating or drinking, putting on makeup, smoking, or fidgeting with the radio or GPS system. Given the high risks associated with distracted driving, Florida State Statute 316.305 prohibits texting while driving.

Common Types of Distractions

There are several common distractions that can lead to car accidents:

• Cell Phones: One of the most prevalent distractions, including texting, calling, or using apps while driving.
• Passengers: Conversations with passengers, especially when they are animated or demanding attention.
• Eating and Drinking: Handling food or beverages while driving can divert attention from the road.
• Adjusting Controls: Tuning the radio, adjusting air conditioning, or using GPS navigation systems.
• Daydreaming: Mentally drifting away from driving and losing focus on the road ahead.
• External Factors: Looking at events or incidents outside the vehicle, like other accidents or scenery.
• Pets: Animals moving around in the vehicle can be a significant distraction.
• Fatigue: Feeling sleepy or tired can impair reaction times and attention.
• Personal Grooming: Fixing hair, applying makeup, or similar activities that require looking away from the road.
• Objects in the Vehicle: Searching for items, reaching for objects, or handling items inside the car.

Distracted Driving Laws in Florida

Florida law prohibits all drivers from texting while operating a vehicle. This includes manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device to communicate with another person.

While Florida does not have a complete ban on handheld devices for all drivers, there are restrictions. In school zones and construction zones, handheld use of electronic devices is prohibited.

Texting while driving is a primary offense, meaning law enforcement can pull over drivers solely for this violation. However, using a handheld device in a non-restricted area is a secondary offense, meaning a driver must be pulled over for another offense first before receiving a citation for handheld use.

Wrongful Death Claims

Distracted driving is not to be taken lightly. In some serious accidents, victims may tragically lose their lives. If your loved one was killed by a distracted driver, you may be able to file a wrongful death claim in Florida. These lawsuits often are brought by close family members of an accident victim, seeking compensation for medical and burial expenses as well as lost earning capacity and damages based on their relationship to their lost loved one.

Seeking Justice for Distracted Driving Accidents in Cape Coral

Living in Cape Coral, we understand the unique challenges our community faces when it comes to road safety. The bustling streets and scenic routes can sometimes become hotspots for distracted driving incidents. If you have been affected by a distracted driver, you are not alone in seeking justice.

Local government entities, such as the Cape Coral Police Department, are actively working to enforce traffic laws and reduce the number of distracted driving accidents. However, despite these efforts, the pain and suffering caused by distracted driving incidents remain a harsh reality for many residents.

Comprehensive Legal & Local Insight

Our legal team is deeply familiar with the roads and traffic patterns in Cape Coral. We know the common distractions that plague our local drivers, from the busy intersections near Del Prado Boulevard to the popular areas around Cape Harbour. This local knowledge allows us to effectively advocate for your rights and seek the compensation you deserve.

We understand the emotional and financial toll that a distracted driving accident can take on a family. Medical expenses, lost earning capacity, and the profound impact on your life are just a few of the burdens you may be facing. Our goal is to help you navigate these difficult times and hold the responsible parties accountable.

If you are dealing with the aftermath of a distracted driving accident in Cape Coral, reach out to us for a compassionate and knowledgeable consultation. We are dedicated to supporting our community and pursuing justice.

Our Legal Team

Drivers who fail to take proper care behind the wheel should be held accountable for any harm they cause. At Lusk, Drasites, & Tolisano, our car accident attorneys can help victims assert their rights after a collision. 

Contact Our Legal Team for a Free Consultation in Fort Myers and NaplesCall us toll-free at (239) 908-4930.