There are several ways to show liability in a texting and driving accident in Florida. First and foremost, cell phone providers maintain time-stamped logs of texting activity. These remain even if someone deletes them from their phone. Those logs are a permanent record. It will help establish that a driver was negligent, which is essential to hold them liable for damages you sustained in a car accident.
If you are injured in a car accident caused by a driver texting while operating their vehicle, call us at Kogan & DiSalvo in Boca Raton to speak with a Florida car accident lawyer. Our team has extensive knowledge and experience proving that the driver texting and driving is liable for your losses and injuries. Call us today for a free consultation.
What type of evidence will demonstrate that a driver was texting while driving?
As noted above, cell phone providers maintain time-stamped logs of texting activity, which can be subpoenaed and used as evidence. The logs are a permanent record.
Other evidence may be available to support a claim that a driver was texting and driving, including:
- Statements from eyewitnesses and passengers in the driver’s car.
- Surveillance video from traffic cams and security cameras around the accident site.
- The driver’s admission that they were texting.
- If texts were sent and received through a car’s onboard communications system, records from that system could also be used.
Is proof that a driver was texting and driving sufficient to show liability for a Florida car accident?
Showing that a driver was negligent is a critical step. In all car accident lawsuits, your attorney also has to prove that the other party’s negligence was the cause of the accident and that you suffered injuries and incurred financial losses. However, the other driver might argue that an intervening event caused the accident, including the contributory negligence of the victim, seeking reimbursement for losses and injuries.
Experienced Florida car accident lawyers expect that negligent drivers will make these arguments more frequently due to recent amendments to Florida’s comparative negligence laws. A motorist more than 50% responsible for causing an accident will be barred from recovering any damages from another negligent party. In addition, if that motorist is less than 50% responsible, any damages award will be reduced in proportion to their relative fault.
A car accident attorney who understands how to use a negligent driver’s texting activity to show liability will have a better opportunity to fight back against claims that an injured motorist bears partial responsibility.
What is the New Statute of Limitations for Personal Injury Claims?
Pursuant to other recent amendments to Florida law, an injured motorist only has two years from the date of a car accident to initiate a claim for damages. They must first inform their insurance carrier to qualify for reimbursements under a personal injury protection (PIP) insurance policy. The two-year limit applies to claims for losses that are not covered by this policy.
Injured motorists should not wait until the end of the two-year period before they retain a personal injury lawyer. If you hire representation soon after a car accident, they will have a better opportunity to collect and develop the evidence needed to prove negligence.
Call the Personal Injury Attorneys at Kogan & DiSalvo
We offer complimentary consultations to motorists injured in accidents with drivers texting while driving. We know what type of texting evidence is available to demonstrate negligence and we use that evidence to impose full liability for losses and damages on a negligent driver. Please call our Boca Raton offices or any of our other locations in South Florida to speak with a car accident lawyer about how we can help you. Finally, we work on a contingency basis, so there are no upfront legal fees. We look forward to hearing from you.