Texting while driving is against the law in Florida. That's because lawmakers realize just how dangerous texting while driving can be for everyone on the road. And Florida is not alone. All but a few states nationwide have similar laws banning drivers from texting.
But that doesn't stop some drivers. Instead, they text and drive - and cause serious car accidents. And the problem is only getting worse. More and more drivers are causing texting accidents. That's why they're now one of the most common driver error accidents.
Knowing what to do after a Florida texting accident can be confusing. Fortunately, you're not alone. Our Florida texting accident attorneys at the Law Offices of Brent C. Miller, P.A. can help you every step of the way. We know how the legal system works here and what it takes to win such tough cases.
Per Florida law, there is no specific recognition of cellular device usage. However, Florida does have a limited ban on text messaging while driving. This law can be found in Florida Statute, Title XXIII, Chapter 316 of the State Uniform Traffic Control, concerning “prohibition on the use of a wireless communications device.”
This law is considered a “secondary law” because it can only be enforced due to the enforcement of other laws. In essence, drivers can be cited for texting and driving only if they have already been pulled over for another traffic violation –practically speaking, the texting law is rarely enforced.
The truth is that texting is a major distraction on the road that can result in auto accidents, severe injuries, and even deaths. Although drivers may not be stopped solely for texting, this does not mean texting should be done while driving. As a citizen, your civic responsibility is to engage in such a way on the road that perpetuates safety and concern for others.
Texting (whether it’s reading, writing, or sending a text) while driving might not seem like a big deal. It only takes a few seconds to read or send a text, right? The problem is a lot can happen on the road during those few seconds. And if a driver isn’t paying attention, a serious or fatal car accident can happen in a split second.
On average, texting drivers spend 5 seconds looking at their phone when reading or sending a text, according to the National Highway Traffic Safety Association (NHTSA). If a driver is traveling 55 mph, that means they’re not looking at the road or other drivers for the entire length of a football field. That’s why texting drivers often cause serious collisions.
As texting is a quick and efficient way to relay information, drivers should be considerate of other people on the road. If you need to communicate with people via your cellular device, have another passenger in the vehicle text on your behalf. Or, pull over to prepare and send your text message.
Because Florida laws pertaining to texting are not as strict as other states, and because texting while driving is considered a secondary offense, it may be difficult to pursue a successful claim against a texting driver. That's why it's critical that you contact a car accident lawyer for assistance as soon as possible.
One of our lawyers can help you complete the necessary paperwork properly and promptly, negotiate and advocate on your behalf, research and investigate your accident, and provide general support and guidance.
As a victim of a driver who was texting and driving, you may be entitled to benefits to recover damages, lost wages, rehabilitation costs, retraining programs and medical expenses. Our lawyers are skilled in Florida injury law and can place you in the position to receive the care and coverage you need.
You saw the other driver texting while driving when they caused your accident. That sounds like a pretty straightforward accident claim. But don’t be so sure. You need evidence proving that the other driver was at fault to recover the money you rightfully deserve for your injury-related expenses. And in many cases, drivers deny reading, writing, or sending a text while driving.
So how do you prove the other driver was texting during your car accident? The at-fault driver’s cellphone records often show that the other driver was texting while driving. In addition, traffic camera footage of your accident (or dash-cam footage) might also show that the at-fault driver was using a cellphone while driving.
The bottom line is you need a Florida texting accident lawyer on your side, investigating your car accident. Experienced attorneys know how to obtain cellphone records, traffic camera footage, and other necessary evidence to build a strong injury claim or lawsuit.
At the Law Offices of Brent C. Miller, P.A., you can expect that our aggressive auto accident attorneys will go above and beyond to help you understand your rights and what you are entitled to receive for your accident. We have the experience and the drive you need to succeed.
Texting while driving accidents can have serious repercussions. Contact us today for a free initial consultation if you have been involved in a Florida texting accident. We can explain all the legal options available to you, then help you decide which approach makes the most sense for your texting accident claim. Count on a Florida texting and driving accident lawyer at our law firm to fight for you. We're here for you when you need us most.
