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Uninsured Motorists and Distracted Driving


Two significant and growing problems on Florida’s roads are distracted drivers and individuals operating vehicles without insurance. Distractions contribute to a substantial number of vehicular accidents and injuries each year. Coupled with the high rate of uninsured drivers in the state, the risks and challenges for victims involved in these accidents are magnified.

A seasoned Delray Beach personal injury attorney is familiar with proving a driver was negligent when they participated in distracted driving. Lawyers can also help you navigate the complex landscape of secure compensation when the at-fault driver is uninsured.

Forms of Distraction and Legal Implications

Distracted driving is any activity that diverts attention from driving, including texting, talking on the phone, eating, drinking, adjusting the radio, or using a navigation system. In Florida, the problem is particularly acute due to a combination of high traffic volume, tourism, and a significant number of elderly drivers.

A few common examples of distracted driving:

  • Engaging with a phone to send, type, or read texts is one of the most dangerous distractions as it combines visual, manual, and cognitive distractions. It takes a driver’s eyes off the road for about five seconds, enough time to cover the length of a football field at 55 mph.
  • Talking on the phone. Many believe talking on the phone is safe when they are using hands-free technology, but even hands-free phone conversations can be distracting. Engaging in a conversation takes mental focus away from driving.
  • Adjusting controls. Fiddling with the radio or any in-car entertainment system can take a driver’s eyes off the road and hands off the wheel.

Drivers who cause accidents due to distractions are typically considered negligent and can be held legally responsible for any resulting damages. Florida law enforces penalties and in recent years texting while driving has become a primary offense in Florida, meaning police officers can stop and cite drivers solely for texting and driving.

When a distracted driver causes an accident, they can face civil liability, leading to compensation claims from injured parties for medical expenses, lost wages, pain and suffering, and property damage.

The Challenge of Uninsured Drivers

Beyond the reasons why accidents happen are the complications of achieving monetary relief after a collision has occurred. For instance, Florida has one of the highest rates of uninsured motorists in the country, which presents a significant challenge for accident victims seeking compensation. If an at-fault driver is uninsured or underinsured, securing losses can become complicated.

To secure financial support, accident victims can lean on their own personal injury protection coverage, possibly access optional uninsured/underinsured motorist coverage, or pursue legal action. Consulting with a Delray Beach personal injury attorney can provide invaluable guidance, ensuring you receive the compensation you deserve for your injuries and damages.

Should you talk to a lawyer after being struck by a distracted, uninsured driver? The skilled attorneys at Earnhart Law will employ over 30 years of legal experience to fight for your best possible outcome. Call 561-265-2220 or contact us online to book a confidential consultation.

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