Texting while driving is a dangerous act which can lead to a life-threatening accident. Injuries sustained from this crash could be potentially serious and could cause you to incur expensive medical costs. However, it is within your right to file a civil suit against the negligent driver in order to obtain compensation for your injuries.
A skilled attorney may be able to help you with your case. By using their experience a car accident lawyer could help you with establishing liability in a Boca Raton texting while driving accident. For more information, get in touch with one of our attorneys at Kogan & DiSalvo today.
How Can the Use of a Cell Phone by the Plaintiff Impact an Injury Claim?
Florida is a comparative negligence state, meaning that any amount of liability can be assessed against the victim for their own actions. For example, if a person is entering an intersection during a green light, the person does has an obligation to look out for other vehicles that may be running red lights or avoiding and disregarding traffic control devices. If they are distracted from observing everything because they are on their cell phone, that can lead to a claim by the defendant of negligence.
Usage of a Cell Phone by the Defendant at the Time of the Crash
For distracted driving, depending on the occurrence and depending on how the accident occurred, a claim of the use of a cell phone by the defendant can be very helpful in the victim’s pursuit of compensation. If a person is using a cell phone, they are distracted. Using this logic, an attorney may be able to assign fault against the defendant. A lawyer may also have to present evidence which proves that a person was using their phone at the time of the crash.
What if Both Drivers in an Accident were Texting While Driving?
In cases where both drivers were found to be on their phones at the time of the accident, assigning fault may rely heavily on the variable factors of the case. Such factors that could be examined include, how did the accident occur, does it matter if the plaintiff is on their phone, should negligence be shared, etc. These cases are extremely complex and require the assistance of an experienced lawyer.
Evidence Needed in a Texting While Driving Crash
One of the most important pieces of accident evidence that an attorney may desire to investigate is the defendant’s phone records. An attorney cannot obtain a subpoena for the defendant driver’s cell phone records until the victim has filed a compensation claim in court. One the suit is filed, an attorney may begin to thoroughly examine phone records in an effort to determine what the driver was doing at the time of the accident.
An attorney may also try to speak with any witnesses that have seen the crash occur. Witnesses could provide an accurate testimony on whether or not the defendant was acting negligently by being on their cell phone at the time of the accident.