Florida Distracted Driving Accident Attorney
Helping Distracted Driving Accident Victims Secure Justice
Distracted driving is one of the most preventable causes of car accidents in Florida, yet it continues to cause devastating consequences for countless individuals and families. Every time a driver takes their eyes off the road, life-altering collisions can occur, resulting in severe injuries, emotional trauma, and financial hardship. If you or a loved one has been injured in an accident caused by a distracted driver, the Florida distracted driving accident attorneys at Kemp Law are here to help.
With decades of experience and a commitment to achieving justice, Kemp Law stands as a trusted advocate for accident victims in New Port Richey, Tampa Bay, and across Florida. Our team combines legal expertise with compassionate client care to ensure you receive the compensation and support you need to recover and move forward.
Contact Kemp Law today at (727) 788-6792 for a free case evaluation. There are no upfront costs, and you won’t pay unless we win your case.
The Dangers of Distracted Driving
Distracted driving takes countless lives and injures thousands across the nation every year. According to the Centers for Disease Control and Prevention (CDC), nine people die daily in the U.S. due to distracted driving, with another 1,000 suffering injuries. Florida is no exception, as the state's bustling roads and highways elevate the risks of these negligent behaviors.
What Is Distracted Driving?
Distracted driving occurs whenever a driver’s attention is diverted away from safely operating their vehicle. Distractions generally fall into three categories:
- Visual: Taking your eyes off the road.
- Manual: Removing your hands from the wheel.
- Cognitive: Focusing your mind on something other than driving.
Common Examples of Distracted Driving in Florida:
- Texting or using a smartphone while driving.
- Adjusting vehicle controls such as the radio or GPS.
- Eating, drinking, or reaching for an object.
- Talking with passengers or attending to children in the back seat.
- Daydreaming or mental distraction.
Among these forms, texting while driving is particularly dangerous as it combines all three types of distraction. Florida law prohibits texting and driving, yet many drivers continue to ignore these regulations, endangering themselves and others.
Why Distracted Driving Cases Are Complex
While distracted driving is inherently negligent, proving that a distraction caused an accident can be challenging. Kemp Law understands the nuances of such cases and has the resources to conduct thorough investigations to uncover the truth.
Challenges in Distracted Driving Cases:
- Proving Distraction: Often, distracted drivers deny their negligence. Our attorneys gather critical evidence, such as cell phone records, witness statements, and surveillance footage, to establish fault.
- Complex Injuries: Distracted driving accidents often result in catastrophic injuries, requiring detailed analysis to assess the full extent of damages, from medical bills to long-term rehabilitation needs.
- Insurance Company Tactics: Insurance companies frequently attempt to minimize claims by disputing liability or underestimating the victim’s losses.
- Navigating Florida’s Laws: Florida’s comparative negligence laws may reduce your compensation if you’re found partially at fault, making it essential to have strong legal representation.
At Kemp Law, we’ve successfully overcome these challenges for countless clients, ensuring they receive the compensation they deserve.
Compensation for Distracted Driving Accident Victims
A distracted driving accident can disrupt every aspect of your life, from your physical health to your finances. At Kemp Law, our goal is to help you recover full and fair compensation so you can focus on healing.
Damages You May Be Eligible For Include:
Economic Damages:
- Medical expenses (past and future).
- Lost wages and reduced earning capacity.
- Property damage and repair costs.
Non-Economic Damages:
- Pain and suffering.
- Emotional distress.
- Loss of quality of life or enjoyment of activities.
Punitive Damages:
- Reserved for cases involving gross negligence or reckless behavior, such as intentionally texting while driving with complete disregard for safety.
If the accident resulted in the tragic loss of a loved one, our attorneys can also help you pursue wrongful death damages, including compensation for funeral expenses and loss of companionship.
Why Choose Kemp Law?
When you’re navigating the legal aftermath of a distracted driving accident, you need an experienced legal team by your side. Kemp Law has built a strong reputation for delivering results while prioritizing the needs of our clients.
What Sets Us Apart:
- Proven Success: Our attorneys are members of the prestigious Multi-Million Dollar Advocates Forum, a distinction reserved for the top 1% of lawyers in the country.
- Personalized Representation: We treat every case as if it were our only case, providing individualized attention and maintaining open communication throughout the process.
- Trial-Ready Lawyers: While many claims settle out of court, we prepare every case for trial to ensure we can secure the compensation you deserve, no matter what.
- Client-Centric Approach: From frequent updates to accessible legal counsel, we work tirelessly to make this process as seamless and stress-free as possible for you.
- Contingency Fee Model: You pay nothing upfront. We only get paid if we win your case.
When you choose Kemp Law, you’re choosing a legal team that genuinely cares about your physical, emotional, and financial recovery.
How Kemp Law Builds Your Case
At Kemp Law, we follow a systematic, detail-oriented process to build strong cases that stand up to insurance companies and opposing legal teams.
Our Process Includes:
- Free Initial Consultation: We’ll review the details of your accident and advise you on your legal options.
- Evidence Collection: Our attorneys investigate the accident scene, obtain cell phone records, and gather police reports, witness statements, and photos or videos from the crash.
- Determining Liability: We establish that the driver’s distraction directly caused the accident and your injuries.
- Calculating Damages: Our team works alongside medical experts and financial planners to determine the true cost of your losses, including future expenses.
- Negotiating with Insurers: We handle all communication with insurance companies to secure a fair settlement.
- Litigating in Court, If Necessary: If necessary, we’ll take your case to trial and passionately advocate for your rights.
Contact Kemp Law for a Free Consultation
A distracted driving accident can leave you feeling overwhelmed, but you don’t have to face its consequences alone. Kemp Law is here to guide you every step of the way, ensuring your voice is heard and your rights are protected. Don’t wait to take action. With our legal team by your side, you can focus on healing while we fight for the compensation and justice you deserve.
Call us today at (727) 788-6792 or contact us online to schedule your free consultation.
FAQs
you deserve answers
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What Should I Say To The Insurance Company?
The at-fault party’s insurance company could ask you to give them a recorded statement. You do not have to give them a recorded statement. However, if your own insurance company asks you for a recorded statement please seek advice from your attorney so that they can assist you in giving that statement. But yes you do have to comply and you do have to give your insurance company a recorded statement.
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Will I Have To Go To Court?
Actually, most cases, or a large percentage of the cases are resolved pre-suit, which means the cases never go to court. We work with the insurance companies before filing suit to try to find a fair resolution for the client, which save money on expenses, court costs and attorney’s fees.
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How Do I Know Who Was At-Fault?
Fault is determined by the evidence collected during the investigation. We look to many things to determine fault in the case: we look to the police report, we look to witness statements, we look to the property damage to the vehicles, skid marks, layout of the cars, etc. Sometimes we even have to refer to accident re-constructionists to do a professional examination of the all the evidence to do a recommendation for us, but that does not happen in very many cases.
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Will I Recover Monetary Damages?
It depends on who was at fault for the accident. If you were at fault, your insurance company will pay for the damage to the vehicle. If you were not at fault, the at-fault driver’s or owner’s insurance policy will pay for the damage, and if they do not have enough coverage to cover the damage to your vehicle, your collision coverage (if purchased) would pay for the damage to your vehicle.
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What Documents Will I Need?
We like you to bring the driver’s exchange of information that the police officer gives you at the scene. We also like you bring any photographs of damage at the scene. Also bring your health insurance cards and your auto insurance cards or declarations page, so we can review the coverage available to you.
