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Draper Law Office Since 1984
  • Free Personal Injury Consultations
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  • Hablamos Español

Davenport Distracted Driving Accident Lawyer

When a distracted driver causes a collision in Davenport, the consequences can be devastating for innocent victims and their families. At Draper Law Office, our experienced Davenport distracted driving accident lawyer team understands the complex challenges victims face when dealing with injuries, medical expenses, and insurance companies. Managing Partner Charles B. Draper and attorneys Linda Gruszynski and Michelle Incandela are committed to providing exceptional legal representation to help you navigate through the complexities of Florida law and secure the compensation you deserve.

Distracted driving has become one of the leading causes of motor vehicle accidents in Central Florida. Whether the distraction involves texting while driving, talking on a phone, eating, or adjusting navigation systems, these preventable accidents continue to cause serious injuries and fatalities throughout Osceola County. Our team strives to hold negligent drivers accountable while helping victims recover both physically and financially from these traumatic incidents.

Understanding Distracted Driving Accidents in Central Florida

Distracted driving encompasses any activity that diverts attention from the primary task of operating a vehicle safely. The Florida Department of Highway Safety and Motor Vehicles tracks these incidents, and the most recent available data shows thousands of crashes annually attributed to driver inattention and distraction. In Osceola County alone, these preventable accidents result in hundreds of injuries and multiple fatalities each year.

The most common types of distractions include visual distractions that take eyes off the road, manual distractions that remove hands from the steering wheel, and cognitive distractions that shift mental focus away from driving. Texting while driving is particularly dangerous because it combines all three types of distraction simultaneously. When drivers travel at highway speeds on major routes like Highway 27 or Interstate 4 near Davenport, even a few seconds of inattention can result in catastrophic collisions.

Motor vehicle accidents can be minor or serious, but as our experienced attorneys know, they just take a moment to change lives forever. Even though these crashes last only seconds, the repercussions can affect victims for a lifetime. Cases involving injuries due to distracted driving are among the most common types of personal injury cases handled by our legal team, and over the years, our motor vehicle accident attorneys have become experts in proving negligence and securing fair compensation.

Common Injuries in Distracted Driving Collisions

Distracted driving accidents often occur at high speeds with little to no braking before impact, leading to severe injuries for victims. Head and brain injuries are particularly common when distracted drivers fail to see stopped traffic or red lights. These traumatic brain injuries can cause long-term cognitive problems, memory issues, and permanent disabilities that affect every aspect of a victim’s life.

Spinal cord injuries frequently result from the sudden impact forces in distracted driving crashes. Victims may suffer herniated discs, fractured vertebrae, or complete spinal cord damage leading to partial or complete paralysis. The medical expenses associated with these injuries can quickly reach hundreds of thousands of dollars, not including the lifetime costs of ongoing care and rehabilitation.

Broken bones, internal organ damage, and severe lacerations are also common in these high-impact collisions. Many victims require multiple surgeries, extensive physical therapy, and months or years of recovery time. The physical pain is often accompanied by emotional trauma, as victims struggle with anxiety about driving and the sudden changes to their daily lives and future plans.

Proving Negligence in Distracted Driving Cases

Successfully recovering compensation in distracted driving accident cases requires proving that the other driver was negligent and that their distraction directly caused the collision. Our experienced legal team knows how to gather crucial evidence, including cell phone records, witness statements, traffic camera footage, and accident reconstruction analysis to build strong cases for our clients.

Phone records can be particularly valuable evidence, as they show whether a driver was making calls, sending texts, or using apps at the time of the crash. Many drivers initially deny they were distracted, but objective evidence often tells a different story. We work with accident reconstruction experts who can analyze the crash scene, vehicle damage, and other physical evidence to demonstrate how the collision occurred.

Witness testimony is another critical component of these cases. Passengers in other vehicles, pedestrians, and nearby residents may have observed the distracted driver’s behavior before the crash. Security cameras from businesses along busy roads like US Highway 27 or near popular destinations like Posner Park shopping center sometimes capture the moments leading up to collisions, providing clear evidence of driver negligence.

Davenport Distracted Driving Accident FAQs

What should I do immediately after a distracted driving accident?

First, seek medical attention even if you don’t feel seriously injured, as adrenaline can mask pain and symptoms. Call the police to file an official report, gather contact information from witnesses, and take photos of the accident scene and vehicle damage. Avoid discussing fault with the other driver or making statements to insurance companies without consulting an attorney first.

How long do I have to file a claim after a distracted driving accident in Florida?

Florida’s statute of limitations for personal injury claims is generally four years from the date of the accident. However, it’s important to contact an attorney as soon as possible because evidence can disappear and witness memories fade over time. Starting the legal process early also allows more time for thorough investigation and case preparation.

What compensation can I recover in a distracted driving accident case?

Victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and future medical costs. In cases involving permanent disabilities, compensation may also include loss of earning capacity and the costs of ongoing care. Each case is unique, and the total value depends on the severity of injuries and their impact on the victim’s life.

Do I need to prove the other driver was texting to win my case?

While texting while driving is strong evidence of negligence, any form of distracted driving can support a successful claim. Eating, talking on the phone, adjusting radio controls, or even daydreaming can constitute negligence if it contributed to the accident. Our attorneys know how to identify and prove various types of driver distraction.

Will my case go to trial?

Most distracted driving accident cases are resolved through negotiation with insurance companies before reaching trial. However, our attorneys are prepared to take cases to court when insurance companies refuse to offer fair settlements. Having experienced trial lawyers often motivates insurers to make reasonable settlement offers.

How much does it cost to hire a distracted driving accident lawyer?

Draper Law Office offers complimentary consultations to discuss your case, and we handle personal injury cases on a contingency fee basis. This means you pay no attorney fees unless we successfully recover compensation for your injuries. This arrangement allows victims to access quality legal representation without upfront costs.

What if the distracted driver’s insurance company contacts me directly?

Insurance companies often contact accident victims quickly, sometimes while they’re still receiving medical treatment. Remember that these companies prioritize their profits over your recovery. It’s best to refer them to your attorney and avoid giving recorded statements or accepting quick settlement offers before understanding the full extent of your injuries.

Serving Throughout Davenport

  • Four Corners
  • ChampionsGate
  • Ridgewood Lakes
  • Southern Dunes
  • Highlands Reserve
  • Windsor Hills Resort
  • Terra Verde Resort
  • Solterra Resort
  • West Haven
  • Providence Resort

Contact a Davenport Distracted Driving Accident Attorney Today

If you or a loved one has been injured in a collision caused by a distracted driver, don’t wait to seek legal help. The team at Draper Law Office has the experience and dedication needed to fight for your rights and secure the compensation you deserve. Our commitment to service begins with the belief that concentration in limited areas of the law promotes successful results, and we’re ready to put that expertise to work for you. Contact our experienced distracted driving accident attorney team today for your complimentary consultation and take the first step toward recovery and justice.

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