Distracted driving is one of the deadliest causes of traffic accidents across the United States. In fact, according to the National Highway Traffic Safety Administration, more than 3,000 people died due to distracted driving accidents in a recent year.

Distracted drivers must face the consequences of their actions, which means paying financial compensation to their victims. Having an attorney working for you is the best way to ensure you get the money you need to recover after an accident.

Taking your eyes off the road for even a second can lead to a severe car accident. To learn more about distracted driving accidents and common types of distractions while driving, continue reading and consult with a car accident lawyer.

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What Is Distracted Driving?

Any activity that takes your attention or eyes off the road is distracted driving. Multi-tasking while driving is dangerous, and drivers should never do it.

Distracted driving can include:

• Operating a vehicle while under the influence of drugs or alcohol.
• Texting and driving.
• Looking at your GPS.
• Eating.
• Talking on the phone even with Bluetooth.
• Disciplining children.
• Anything else that can cause you to take your hands off the wheel or eyes off the road.

Statistics Regarding the Facts About Distracted Driving

Here are some facts about distracted driving: 

• About 20 percent of victims of distracted driving accidents over the years were outside of a vehicle when the accident happened, including pedestrians, bicyclists, and motorcyclists.
• Nearly 3,000 people lose their lives in distracted driving accidents every year across the country.
• Almost 400,000 people suffer injuries in distracted driving accidents each year.

Types of Distracted Driving

There are different categories of distracted driving accidents. Distracted driving accidents happen anytime a driver takes their attention off the road. The three categories of distracted driving accidents include:

Cognitive Distractions

Cognitive distractions happen when a driver takes their attention off driving. These can occur when a driver texts and drives, answers emails while driving, does their makeup, eats breakfast on the way to work, or is otherwise distracted. Ironically, a driver who is distracted by a traffic accident might cause another and potentially more severe accident. Drivers should remain focused for the entire time they are operating a vehicle.

Visual Distractions

Visual distractions occur when drivers take their eyes off the road. A driver’s eyes should remain on the road ahead. A distracted driving accident can happen if the driver looks at the rearview mirror for too long.

Manual Distractions

Manual distractions involve drivers taking their hands off the wheel. Even a moment of losing control can cause a severe accident. Anytime a driver is behind the wheel, both hands should remain on the wheel.

Some Distractions are Particularly Dangerous

Importantly, some activities involve multiple types of distractions, making them especially hazardous. For example, when a driver texts, they are thinking about their message, looking at their phone, and using their hands. If you see a driver engaging in this type of behavior, get as far away as possible.

What Should I Do if I Am Hurt by a Distracted Driver?

If you are the victim of a distracted driver, you should ensure that your physical well-being is taken care of along with each of your passengers. Taking the following steps can protect your physical health and legal rights after an accident.

Get Medical Help Immediately

Get medical attention immediately. The most important thing after an accident is to ensure you are okay. Even if you do not believe your injuries require a visit to the emergency department, you should see a doctor anyway. You can be suffering from internal injuries that only a physical examination can reveal.

A medical examination can also help you build your case. Immediate medical attention can help you connect the accident as the cause of your harm. Accident plaintiffs must prove that the accident caused their injuries. This can be difficult to prove, especially if the other driver’s insurance company wants to disprove your claims. Getting contemporaneous medical attention after a car crash gives insurance companies less room to argue something else caused your injuries.

Avoid Speaking About the Accident

After an accident, in addition to avoiding conversation with opposing insurance companies, you should refrain from posting anything on social media. Every statement you make after a car crash can help build up or tear down your case. In the aftermath of an injury, remember to post wisely.

Speak to An Attorney Immediately

After getting medical attention, speak to an experienced car accident attorney. Time is of the essence when it comes to car crash cases. You should not talk to anyone, including the other driver’s insurance company, without securing your counsel. Your attorney will help you understand how to file a claim or lawsuit and get the money you need after an accident.

Are Certain Drivers More Likely to Engage in Distractions Behind the Wheel?

Anyone can make a mistake behind the wheel. However, despite each of us having the ability to make a mistake like taking our eyes off the road, there are some groups that tend to be at greater risk of causing these accidents.

Some of those groups include: 

• According to a Centers for Disease Control and Prevention (CDC) survey, student drivers regularly admit to texting, driving, and checking their emails while driving.
• Drivers under 20 years old are more likely to get into accidents due to distracted drivers than other groups. Distracted driving accidents represent nine percent of all accidents reported in this age group.

Are Distracted Driving Accidents Preventable?

Distracted driving is completely preventable, and these accidents do not have to happen. There are many activist groups that fight to raise awareness and end distracted driving for good.

Community Activist Programs to End Distracted Driving

Many parent groups have begun to respond to the epidemic of distracted driving. They tend to provide information about the need to end driving habits that often cause distracted driving accidents.

Some of the groups that focus on ending distracted driving include: 

• UNITE Arrive Alive Tour
• Salt & Light Productions
• Stop Texting and Driving Distracted (STANDD)
• Street Safe
• End Distracted Driving
• Teens Against Distracted Driving
• Safe America Foundation
• Stay Alive Just Drive
• It Can Wait

While these groups do wonderful work, it does not replace the effectiveness of having personal conversations with people who are familiar with the driver. In particular, parents of teenage drivers can have critical conversations with their children.

Parents should always encourage safe driving and model the behavior themselves. Teaching good driving behaviors can help prevent accidents in the future.

Teenagers are influenced by each other. Teenagers who learn the correct and safe driving techniques will positively influence their peers leading to fewer accidents caused by distracted driving.

Economic Damages

Economic damages are tangible losses sustained by a victim in a car crash. These losses are usually easy to recognize and prove, at least for the most part. As an accident victim, you may not know the extent of your economic damages. An attorney can help you recognize and pursue all these losses.

Examples include: 

• Current and future medical bills.
• Current and future lost income.
• Loss of earning capacity includes the loss of the ability to return to work in the industry you worked in before the accident.
• Loss of consortium.
• Loss of companionship.
• The cost of hiring domestic help is if you can no longer cook, clean, dress yourself, or care for children or pets.

Non-economic Damages

Non-economic damages are harder to prove. This damage category represents an accident victim’s intangible losses after a crash. Many accident victims do not know what they may be entitled to recover in this category of damages. A skilled attorney can help you identify your losses and help you pursue full recovery.

Examples of non-economic damages include: 

• Loss of enjoyment of life.
• Decreased quality of life.
• Disability and disfigurement.

How Can An Attorney Help Me?

Car accident lawyers help victims protect their legal right to recover compensation after a crash. Attorneys advocate for their clients, ensuring you get the recovery you deserve.

To help you win your accident case, you’re your car accident attorney may: 

• Field correspondence from medical billing departments. After an accident, many victims get phone calls, emails, and letters from bill collectors related to hospital bills. Getting contacted by agencies that say you owe them money is stressful. Your legal team can help alleviate that stress and help you focus on your physical recovery.
• Connect you with the medical care that you need. Often, doctors do not want to treat accident victims. These cases are undesirable because doctors do not want to get involved with legal proceedings that have the potential to last for months or years.
• Build your accident case. They will work with you on effectively presenting your case to an insurance company or jury. Your lawyer will ensure you do not downplay your injuries and get the money you need to recover financially.
• Negotiate a settlement with insurance companies. Dealing with a large insurance company on your own leaves you vulnerable to tactics adjusters use to avoid paying settlements to victims. Insurance companies use common tactics: shifting blame to the victim, offering quick lowball settlements, trapping you into a statement, etc.
• Conduct an independent investigation into your accident. After the crash, the police will compile a report, and each insurance company will investigate the accident. Your attorney will use each report as a starting point for their own investigation. The legal team you choose may visit the accident scene, review your medical records, speak to witnesses, review property damages, and collect other data to help understand the cause of the accident and begin building your case.
• File a lawsuit against the defendant. Filing a lawsuit and an insurance claim can get complicated. An experienced accident attorney can help you comply with applicable rules to ensure the court does not dismiss your case on technical grounds.
• Handle all the legal tasks related to your case. You may have many questions as you pursue a car accident case. There is a lot of misinformation online that can confuse and frustrate you. Rely on the experience of an experienced attorney to help you get the compensation you need.

What if I Cannot Afford An Attorney?

Many accident victims are afraid to pursue a lawsuit after a car accident because they do not think they have the money to pay for an attorney. Fortunately, many civil accident lawyers work on a contingency fee basis.

A contingency fee is a payment arrangement that allows a client to defer payment for legal services until the end of representation. Personal injury attorneys who work on contingency will take a percentage of the final settlement amount once you receive it. In most cases, victims will not owe their attorney anything if they do not recover a settlement or award.

Contact An Attorney Today

In the event that you have suffered injuries because of a distracted driver, you should call a personal injury lawyerin Tampa as soon as you can. In many instances, victims can obtain compensation for all of their accident-related losses, including their past and future medical expenses, lost income, property damage, and physical and emotional pain and suffering.

Request A Free Consultation Today!

Boohoff Law, P.A. — Auto Accident Lawyers – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606

Thousands of people rely on taxicabs every day throughout the United States. While cab drivers are supposed to be trained professionals, they can cause accidents just like anyone else. In many cases, crashes that taxi drivers cause injure passengers, other motorists, pedestrians, and bicyclists who are unlucky enough to be in the wrong place at the wrong time.

If you have suffered injuries in a taxicab or Uber accident, there is a good chance that you are entitled to compensation for your losses. As a victim, the best thing to do is to retain a uber accident lawyer as soon as you can to protect your rights.

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Typical Taxicab Claims Involve These Steps

Each claim stemming from a car accident is unique, making it difficult to predict the outcome. There are several steps that each potential taxicab plaintiff should take to ensure they protect their case and legal rights following a crash. Take the following steps after a taxicab accident.

Get to Safety and Call 911

Most states require that people involved in accidents call the police and make a report. The officer will speak to drivers, passengers, and witnesses at the accident scene to determine who is at fault. As a passenger in the cab, you are a witness to the accident. Make sure you get a copy of the police report and allow your attorney to review it.

If you suffered an injury, visit the hospital and have a doctor examine you. Your well-being is the most important thing after an accident, so take care of your physical health.

Schedule an Initial Consultation With an Accident Attorney

You need to speak to an attorney immediately after the accident to preserve your legal rights. Filing a lawsuit begins with filing a timely complaint. Your complaint must include specific language pleading facts and asking for requests for relief that you intend to recover from the lawsuit.

Attorneys have legal training. You can rely on their knowledge to ensure you plead every claim that applies to your case.

An accident victim gains an advantage when hiring an attorney, as attorneys are typically well-versed in the technical rules of filing a lawsuit. Below are explanations of each step of the lawsuit. Continue reading to learn more.

Find the Potentially Responsible Defendants

The list of potential defendants can be pretty long in cases involving employees and employers. Under the legal doctrine of vicarious liability, an employer is responsible for the injuries an employee’s negligence causes. If the company employs your taxicab driver, the driver and the company should be defendants in the lawsuit.

Other potential defendants include:

• Manufacturers.
• Mechanics.
• Office employees.
• City and state governments.

Properly Serve Each Defendant

The rules of civil procedure in each state require that each defendant in a lawsuit is served appropriately. Service of the process puts defendants on notice of the lawsuit. Finding each of the above potential defendants can get complex if you do not have a legal team working on your behalf. In cases involving taxicab companies, you may need to serve a corporation with a copy of the complaint and the summons. Finding the correct defendant can be challenging as you peruse the state’s Secretary of state website.

After finding each defendant, you must adequately serve them. The laws for service are specific per state, and process servers must follow them closely. An experienced attorney can ensure that they handle the process of serving people involved in your claim appropriately.

Answer Each Counterclaim On Time

Based on the Rules of Civil Procedure, a defendant gets a set time to answer the allegations in the complaint. A defendant can admit or deny allegations, or they can file a motion to dismiss the case. In some instances, the defendant may even file a counterclaim.

Plaintiffs must file an answer to any motions that the defendant files. These answers are on a deadline. If you miss your deadline, it can hurt your case.

How Do I Overcome a Motion to Dismiss?

A motion to dismiss may contain a legal argument to support the defendant’s side of the lawsuit. Most states allow a defendant to file a motion to dismiss instead of filing an answer. Answering a motion to dismiss requires legal arguments, often technical legal arguments, and familiarity with the applicable rules of civil procedure.

If you do not have experience with the law, you may be unable to respond effectively to highly technical legal questions. An accident attorney can carefully consider the arguments presented in a motion to give your case the best chance to survive a motion to dismiss.

What Happens After I File My Lawsuit?

Once you file your lawsuit, the court will schedule the litigation. In addition, the other side can file an answer or other pleadings. Your case may still be in negotiations with the insurance company, but it will proceed to trial if you cannot resolve your matter.

A civil lawsuit can take months or years. Each stage of the case is essential and can make or break the outcome of your claim. The following are some of the stages of personal injury lawsuits.

Depositions

Depositions are interviews that lawyers conduct out of court with people under oath. The things witnesses say during a deposition have the same weight as live trial testimony.

Attorneys use depositions for many reasons, including getting the testimony of witnesses that cannot appear at trial. Each party may also be required to give deposition testimony. Unrepresented accident victims are vulnerable if they must give a deposition.

During a deposition, each side must comply with the rules of procedure. In addition to ensuring compliance with the law, attorneys can easily subpoena witnesses they suspect will not show up at trial, for example, if the witness lives out of town and cannot appear at trial or multiple court appearances. Having recorded testimony makes the trial move along more smoothly.

Discovery

Discovery is the investigation phase of a lawsuit. During the discovery phase, the parties must disclose all relevant information that may prove the facts of the case or disprove allegations in the complaint, answer, or motions.

An experienced attorney knows how to carefully craft questions and request documents to help you build a strong case that will allow you to receive the maximum compensation available.

Finding the Correct Expert Witnesses

As your case moves forward, you may discover that you need an expert witness. Expert witnesses help accident victims prove the cause of their injuries, describe how the injuries affected their lives, and establish whether they will have to deal with the consequences of the accident for many years to come.

Expert witnesses are hard to come by for people representing themselves. Accident attorneys who have been representing victims for many years usually have an extensive network of expert witnesses that they can hire to help you prove the elements of your case.

Duty

Every driver must drive safely and avoid accidents. Taxicab drivers are common carriers and have an increased duty to ensure their passengers get to their location safely. Common carriers include public transport for hire.

Breach

A breach of duty happens when a driver operates a vehicle in an unsafe way that causes an accident or endangers the safety of occupants and other drivers. A breach can occur if the taxicab driver does something like running a red light, blowing through a stop sign, talking on the phone while driving, drinking and driving, or otherwise violating traffic rules.

Causation

The accident plaintiff must prove that the accident was the cause of the injuries they suffered. To help prove causation, accident attorneys may advise their clients to seek medical attention immediately after the accident, comply with medical treatment, and hire expert witnesses to testify about the plaintiff’s harm.

Damages

Damages include all losses that a plaintiff may suffer due to the accident. Every accident plaintiff must prove damages to win a taxicab lawsuit.

What Damages Are Available in Taxicab Accident Cases?

Plaintiffs in taxicab accidents may recover for various losses after an accident.

Plaintiffs may recover for the physical losses they suffered, including present and future medical bills, present and future lost income and earning capacity, the cost of hiring domestic assistance if they cannot complete household tasks on their own, and recover for other applicable losses.

Accident victims also may recover compensation for damages, including pain and suffering, loss of enjoyment of life, diminished quality of life, and other intangible losses.

In some states, punitive damages are available. Courts use punitive damages to punish defendants and deter future bad actors. Punitive damages are often subject to state limits and are not the largest source of recovery for most accident plaintiffs. Speak to your attorney to learn more about the availability of punitive damages in your case.

Rideshare Companies

In addition to taxicab companies, rideshare apps like Uber and Lyft should be examined to determine if they share liability. The critical difference between taxicab companies and rideshare apps is the status of the drivers.

Employees vs. Independent Contractors

Whether the company is liable for workers’ actions depends on several factors, including whether the worker is an employee or an independent contractor. Employers are generally responsible for the negligent acts of their employees, but the same is not so for independent contractors.

A worker is classified as an employee if the company controls their work and pay schedule, supplies them with the equipment to do their job, and supervises their work.

The company will generally not supervise an independent contractor and does not control their earnings or schedule.

Drivers for Uber and Lyft are independent contractors. Therefore, the companies they drive for are not typically liable for the negligent actions of their drivers unless certain circumstances apply, such as the driver had an active passenger.

Common Injuries In Taxicab Lawsuits?

There are many kinds of injuries that you may face after a taxicab accident. It is difficult to predict the specific damages one might suffer, but certain injuries are common in car accidents. Common injuries in taxicab lawsuits include:

Brain Injuries

The impact of a car accident can cause head trauma. Any blow to the head can have devastating results and leave a victim with the permanent effects of a brain injury.

Whiplash

Whiplash causes a strain on the neck. It happens when a vehicle goes quickly and suddenly stops causing a person’s head to jerk quickly forward. Whiplash is a soft tissue injury and can heal with time and rest. That said, it can be extremely painful, last for months or even years, and prevent victims from working or engaging in activities that they enjoy,

Broken Bones and Spinal Injuries

A car crash can cause broken bones and spinal cord injuries. Broken bones can disable a person for weeks or months. A spinal cord injury can cause long-term or permanent disability.

Seat Belt Injury

If the passenger is wearing a seatbelt at the time of the accident, they may suffer a seatbelt injury.

What if I Cannot Afford an Attorney?

Suppose you find yourself the victim of an accident involving a taxicab driver and are concerned about the cost of legal representation. In that case, you can retain legal counsel with a contingency fee agreement.

A contingency fee agreement is a payment structure that allows clients to defer payment of legal services until the end of a case. Lawyers typically do not recover a fee unless the plaintiff has a financial settlement.

If you want to pursue your case and take advantage of a contingency fee agreement, contact an attorney in your area and discuss payment options.

Contact a Taxi Accident Attorney Today

You deserve to be safe when you enter into another person’s care. If a problem happens and you get hurt, you need the assistance of a qualified taxicab accident lawyer.
Contact a personal injury attorney in Tampa to learn more about your legal options after an accident.

Request A Free Consultation Today!

Boohoff Law, P.A. — Auto Accident Lawyers – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606