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Any form of distracted driving can result in an accident, but using a cell phone is particularly common. Texting while driving, dialing a number, or talking on the phone take a driver’s eyes off the road or hands off the wheel, which can lead to a devastating accident.
If you were injured because another driver was distracted by a cell phone, contact an experienced texting while driving accident lawyer. The team at Kogan & DiSalvo understand Florida cell phone and texting while driving laws, and they could fight on your behalf for compensation.
There are no local regulations in Boynton Beach regarding cell phone use. Under Florida state law, there are no rules pertaining to talking on the cell phone. However, it is illegal to text and drive. A person can receive a ticket if they are caught texting and driving.
Under the law, individuals are allowed to talk on a phone while driving, but they may not text, surf the internet, or check emails.
Hands-free devices or speakerphones are highly encouraged because the driver has both hands available to operate the dangerous instrument known as a motor vehicle. When the driver needs to place or accept a call, however, that causes a distraction. Anytime someone looks at something other than the road ahead, they are distracted. An accident only takes a moment.
The safest way to use a cell phone while driving is completely hands-free. For example, the safest options are to:
Hands-free devices and speakerphones are definitely better than holding up the phone, but they do not alleviate all the safety issues.
Using a paper map, which some people still do and still prefer, is unsafe to do while driving. In the old days, someone would pull over on the side of the road, look at the map to see where they are, and continue on. Today, using a paper map or app is distracted driving, because the person cannot be 100 percent focused on the road.
A navigation app, however, is a very useful gadget because it can actually reduce distractions. With a navigation app, an individual plugs in their destination address before leaving, and the device will tell them which way to turn without further intervention. This gives the driver advanced notice of turns and traffic conditions, allowing them to focus on the road.
If texting and driving resulted in an accident, a victim may be able to request punitive damages because the other party violated cell phone and texting while driving laws, which are meant to prevent distracted driving. Even if the at-fault party is legally allowed to talk on a cell phone, a victim’s personal injury lawyer could argue that they were distracted and should not have been driving and trying to hold down a conversation at the same time. If cell phone use causes an accident, there could be liability issues even if the conduct was not illegal.
Even though talking on the phone while driving is legal, individuals should use hands-free devices because in the event of an accident, cell phone use can lead to an enhanced liability claim based on being distracted. Even though using a cell phone may be legal, individuals are distracted by the very nature of the action. Someone using a cell phone cannot be 100 percent focused on what they are doing, which is operating a piece of equipment capable of killing multiple people in a single instant. Talking on a cell phone distracts the person from the proper and safe operation of a motor vehicle.
If you were injured in an accident because someone violated cell phone and texting while driving laws, you may be entitled to compensation. An attorney can analyze the details of your case to determine who is responsible for your injuries and liable for damages. Contact Kogan & DiSalvo today for a free consultation.
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