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Driving most often is done for the most mundane reasons: getting groceries, commuting to work, dropping the kids off at school. Even though it feels like you could drive to these daily destinations in your sleep, you wouldn’t. Because driving is a task that requires both attention to detail and quick reactions.

Regrettably, many drivers choose to take this important focus away from the act of driving in order to perform other tasks while in the car which often results in devastating crashes. In fact, according to Distraction.gov, a website on distracted driving provided by the U.S. Government, in 2012 an estimated 421,000 people were hurt in auto accidents involving a distracted driver.

If you have been injured in a collision with a distracted driver, the following may help you understand what constitutes a distraction, and what you should do in order to acquire compensation.

You can also call a Tallahassee auto accident lawyer at our firm for a free case review at (850) 583-9409 or (407) 917-9697 – and find out how best to proceed with a claim.


For many people, the phrase “distracted driving” brings to mind the idea of texting or talking on a cell phone when at the wheel. Though these are two common forms of distraction, in reality, distractions can encompass a wide variety of actions.

According to Distraction.gov, some other types of distractions include:

  • Eating and drinking;
  • Talking to other passengers;
  • Grooming;
  • Reading, which may include reading maps or using other navigational systems;
  • Watching videos either on a cell phone, tablet, or other device within the car; or
  • Adjusting a radio, CD player, or MP3 player.

Because text messaging requires manual, visual, and cognitive attention from the driver, it is considered one of the most distracting activities in which a driver can partake. Florida even outlaws texting while driving for all drivers, regardless of age or type of driver’s license.


Although a driver may have been distracted at the time of a wreck, he or she may claim otherwise, or may simply be convinced that he or she was fully aware of the situation at hand. In order to demonstrate that the other driver’s distraction led or contributed to the auto accident, a Tallahassee car accident attorney may utilize various types of evidence.

This might include asking the right questions during a deposition. People aren’t always aware that they’re distracted. Sometimes, it’s only when they begin describing what happened in the moments leading up to the crash that it becomes clear that they were in fact distracted. Your lawyer can ask the right questions to get the facts straight.

An attorney may attempt to secure the other driver’s phone records as evidence. If the other driver was on the phone at the time, or had sent a text message in the moments at the time of the accident, this can support claims that the driver was distracted.

Accident recreations might be helpful as well, which may require expert testimony from a professional in the field. Further, eyewitness testimony might be helpful if another driver saw the distracted driver texting or talking on the cell phone at the time of the accident.


Proving that the other driver was distracted at the time of the accident can be difficult. If you have been injured or sustained property damage in a wreck, it is imperative that you act quickly to help you acquire due compensation to cover the costs of treatment, rehabilitation and repairs.

If you need help, contact the attorneys at Fasig | Brooks in Tallahassee and Orlando. We will help you compile evidence that points to the other driver’s distraction at the time.

Call us today at (850) 583-9409 or (407) 917-9697.

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