Texting and driving have become a serious issue as smartphones become more ubiquitous. If a driver takes their eyes off the road for even a second, it can result in a devastating accident for all parties. These accidents regularly result in tens or hundreds of thousands of dollars of damage that can include loss of property, medical bills, and even fatalities.
It is essential to speak with an attorney if this has happened to you because it’s important to hold the liable party responsible for their actions. The texting while driving accident attorneys at Kogan & DiSalvo can offer you clarity, guidance, and context. Contact us today for a free consultation.
As of 2019, Florida joined 47 other states and Washington, D.C, in banning texting while driving. The Wireless Communications While Driving Law, defined in section 316.305, has been enacted in the Florida Statutes. In addition to texting, this law bans several other uses of a phone that can distract drivers.
The language of this statute considers the visual factor of taking your eyes off the road. In addition, it also recognizes the cognitive factor of thinking about tasks other than driving and the manual factor of taking your hands off the wheel to type. It states that:
A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communication device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication including, but not limited to, texting, emailing, and instant messaging.
Since the law applies only when the car is moving, texting while stuck in traffic or otherwise not moving is still legal, as is using a hands-free device. Although motorists have always been distracted, and devices like radios in cars add to potential distractors, texting is particularly dangerous. If a distracted driver has injured you or a loved one in Florida, speak with a Boca Raton car accident attorney who can answer your questions and explain your rights.
For many accidents resulting from driving and texting, a negligence lawsuit will be required to cover any damages not covered by no-fault insurance. It will require an analysis of:
Because these cases can be so tied to the issue of liability for texting while driving, speaking with a texting while driving accident attorney is strongly recommended. They can help analyze the lack of reasonable caution in a negligence case.
Although each accident has its own unique set of facts, they tend to follow a pattern. As such, there are several common types of accidents that texting while driving tends to cause:
Depending upon the losses stemming from the accident, several types of damages can be collected for negligence. This includes:
Negligence cases stemming from texting and driving can be complex. If you or a loved one has been injured in Florida, set up a consultation with a Boca Raton texting and driving accident attorney at Kogan & DiSalvo. We can guide your case from day one and ensure that you receive the compensation you deserve. In addition, we work on a contingency basis, so there are no upfront legal fees.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.