Law

Reckless Driving vs. Distracted Driving

For many people, driving is effortless because they do it regularly. However, driving requires the highest level of concentration or care. Otherwise, it can lead to devastating crashes and life-altering physical and emotional injuries. Distracted driving and reckless driving might seem similar. Legally, however, they are two different traffic violations.

What Constitutes Reckless Driving?

Reckless driving endangers drivers, passengers, commuters, bikers, and pedestrians daily. Under Florida law, reckless driving is operating a vehicle intentionally without any regard or care for the safety or rights of other people on the road. It involves driving in a manner that can potentially endanger other people and property. Driving practices that can be considered reckless driving are:

  • Street racing
  • Running from law enforcement
  • Speeding
  • Following too closely
  • Weaving carelessly in and out of traffic lanes
  • Driving while drunk, drugged, or fatigued
  • Ignoring traffic signs and lights

What Constitutes Distracted Driving?

In Florida, you cannot operate a vehicle while manually entering multiple numbers, letters, or symbols into a cellphone or other wireless communication devices. You also cannot read or send data on wireless communication devices for non-voice communication, such as texting, sending instant messages, or sending emails.

Put simply, distracted driving is anything that can take your focus away from driving safely. The three kinds of driver distractions include:

  • Manual distraction, which involves taking your hands off the steering wheel.
  • Cognitive distraction, which involves taking your mind off driving.
  • Visual distraction, which involves taking your eyes off the roadway.

The most commonly cited distracted driving practice is texting while driving, but other activities like reading, eating, speaking to passengers, adjusting the radio, dealing with kids inside the vehicle, and grooming are considered distractions as well.

What If I Get Injured in a Car Crash Involving a Reckless or Distracted Driver?

If you’ve suffered injuries in a car crash due to a reckless or distracted driver, a citation by the police can certainly help your claim. But this doesn’t mean that you’ll automatically get your compensation because the traffic violation and your claim involve different legal processes.

As a no-fault auto-insurance state, your injury claim will be against your own PIP insurance coverage. This means that your insurer will also investigate the crash and consider the evidence, including the citation for distracted or reckless driving, to determine the amount of compensation you should receive.

If your accident-related damages are greater than your PIP coverage limit and you suffered an injury that meets Florida’s serious injury threshold, an FL car accident lawyer can help you pursue a personal injury claim against the distracted or reckless driver.

Seek Legal Help From a Skilled FL Car Accident Lawyer

You can count on the FL car accident lawyers at Tragos, Sartes & Tragos for legal guidance. You can find out more about your case and options for holding the negligent driver liable for the damages you incurred in the crash in a free case evaluation with our FL car accident lawyer. Schedule your appointment by sending us a message online or calling our office at 727-441-9030.

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