Miami Distracted Driving Accident Attorneys

While most people recognize the dangers of texting and driving, many do not realize that this is far from the only type of distracted driving. In fact, any activity or conduct that takes a driver’s attention away from the road is considered a driving distraction.

Driving distractions are broken down into four main types:

• Visual Distractions: A visual driving distraction is anything that takes the driver’s eyes off the road, even for a split second.
• Manual Distractions: Manual driving distractions are activities/conduct that take the driver’s hand(s) off the steering wheel.
• Cognitive Distractions: A driver is cognitively distracted while driving if their mind is focused on anything other than the task of driving.
• Auditory Distractions: An auditory driving distraction is a noise or sound that causes the driver to lose focus on the road.

Many driving distractions fall under more than one category. For example, texting while driving is so dangerous because it combines multiple types of driving distractions: the driver has one or both hands off the wheel to hold the cell phone/device and type, their eyes are off the road as they are looking at the cell phone/device, and their mind is focused on the content of the text message rather than the road ahead. The sound of an incoming message can even serve as an auditory distraction for those behind the wheel.

Although texting while driving is one of the most dangerous distractions for motorists, as well as the main type of driving distraction prohibited by law, it is not the only thing that can cause a driver to lose focus.

Other common types of driving distractions, many of which are just as dangerous as texting while driving, include:

• Using a GPS or navigational system
• Adjusting a vehicle’s controls, such as the radio or AC
• Reading or sending emails on a handheld device
• Taking pictures or videos on a cell phone
• Looking at or posting to social media, such as Instagram, Twitter, or Tik Tok
• Eating, drinking, or smoking
• Attending to children or pets in the vehicle
• Reaching for an item that has fallen to the floor of the vehicle
• Looking at billboards, signs, and other items along the roadway
• Looking at an accident (“rubbernecking”)
• Conversing with passengers
• Daydreaming
• Grooming or applying makeup
• Using headphones or earbuds in both ears while driving
• Listening to excessively loud music

These and other unsafe activities behind the wheel put everyone at risk. The best way to prevent driving distractions is to eliminate them; keep your phone out of reach and on silent or in “do not disturb” mode while driving. Never use a cell phone behind the wheel, even when stopped at a red light or stop sign, and refrain from engaging in any other behaviors that may divert your attention to the most important task at hand: driving.

Some of the most common types of crashes caused by distracted driving are rear-end accidents. This is often a result of the distracted driver following the vehicle in front of them too closely and therefore being unable to stop in time if traffic suddenly halts. In some cases, a rear-end accident can even occur if the driver begins to text before they have brought their car to a complete stop.

While all types of driving distractions are considered negligence, only certain forms of distracted driving are prohibited by law in Florida. Specifically, as of 2019, using a handheld device, such as a cell phone, to send or receive any form of text-based communication, including text messages, while driving is a primary offense. This means that police officers can conduct traffic stops and issue citations specifically for texting while driving.

The law also prohibits using a cell phone or handheld communications device in school zones and school crossings, as well as construction/roadwork zones. Unfortunately, studies have shown that the ban has been rarely enforced since its introduction, meaning drivers are still at a high risk of being involved in an accident with a distracted driver.

Proving that the other driver was distracted at the time of your accident can be a monumental task. However, with the right technique, even this can often be proven in court. Some of the most common ways of proving distracted driving include:

• Phone records - these can be used to prove that the other driver was either texting or calling at the time of the crash
• Social media data - if the other driver was on social media at the time of their accident records may be found to prove that they were distracted (i.e. photos or stories posted to Instagram around the same time, status updates on Facebook or Twitter, etc.)
• Driver confessions - Sometimes a driver will even admit at the scene of the accident that they were distracted, even if they take back this confession in court, sometimes it can still be used as evidence
• Witnesses - If other drivers or pedestrians witnessed the distracted driver on their phone or otherwise distracted, their testimonies can help support your claim in court