Texting While Driving
Texting While Driving Car Accidents in Florida
Distracted driving, especially texting while driving, can cause serious vehicular accidents. Drivers must have full attention on the road to safely operate their vehicles.
If you were injured in a texting while driving car accident in Florida, you deserve compensation from the reckless driver. An experienced attorney like Millicent Daniels at the Daniels Law Firm can explain your legal options and fight for your rights.
Laws Against Texting While Driving
Florida Statute §316.305 bans drivers from inputting or reading text messages on their wireless communication devices while operating their vehicles. The law establishes that texting while driving is a traffic infraction, although it is legal for people to use their phones in hands-free mode.
Law enforcement personnel cannot confiscate a driver’s phone to look for evidence of texting without a warrant. However, when a vehicle accident results in death or injury, they could obtain the right to examine a cell phone’s billing records or elicit testimony from a cell phone company employee to establish that a driver was texting immediately before an accident.
Car Accident
Liability for Texting While Driving Injuries
When a driver was texting when they got into an accident with you, it might seem obvious that they are responsible for the wreck and obligated to pay you for your losses. However, you and your Florida lawyer must prove that someone else was texting while driving and negligently caused the car crash.
Under Florida’s Modified Comparative Negligence system, if you are found to be more than 50% responsible for your injuries, you are now barred from recovering any compensation for your damages. You remain eligible to recover compensation if you are less than 51% at fault. However, your financial award will be reduced by your percentage of fault. Our knowledgeable attorney can further explain this concept after a texting while driving collision in Florida.
Personal Injury Protection
Additionally, Florida requires all registered vehicle owners to carry Personal Injury Protection (PIP). Their PIP will pay 80 percent of their medical costs up to the coverage limits of $10,000. You can bring a legal claim for compensation if your PIP is inadequate to cover your injuries.
Punitive Damages
In some cases, you might receive punitive damages. Your lawyer must prove that the texting driver acted intentionally to cause harm or was grossly negligent. The circumstances surrounding the wreck will determine whether punitive damages might be awarded in a particular case.
How Can You Hold a Texting Driver Accountable?
After a car accident, representatives from other drivers’ insurance companies might attempt to contact you under the false pretense of offering a settlement. The insurance company representatives will use anything you say or do to diminish the value of your claim.
Consult a skilled Florida attorney like Millicent Daniels as soon as possible after a collision with a texting driver. She can handle communication with the insurance companies involved and prevent you from making statements that could hurt your case. Legal counsel also has a more accurate sense of your damages and can ensure that any settlement they offer is fair.
Work With a Florida Attorney on a Texting While Driving Claim
Insurance companies and their attorneys work aggressively to limit their payouts to injured people. You need a dedicated legal ally who will be just as aggressive in seeking appropriate compensation for your injuries.
Protect your interests after a texting while driving car accident in Florida. Contact the Daniels Law Firm right away.