With so many people on the road, car accidents are a certainty in Florida and across the United States. Many car accidents and injuries can occur on the road, from tiny fender benders to fatal crashes or wrongful death. Now that texting is so common in people’s lives, it has become a significant source of accidents in the US.
Proving that someone was texting and driving can be a difficult task and can cause a great deal of stress. Occasionally, there is a dispute over whose fault it is and how much the accident victim should be compensated.
Florin|Roebig knows how difficult it can be to prove the other party was texting, and they know how to find the evidence you need. If you have been involved in a texting and driving accident, our attorneys are here to provide a free case evaluation and claim evaluation.
Understanding Distracted Driving
Legally, distracted driving is anything that takes the attention of the driver away from focusing on maneuvering the vehicle safely. Some of these dangerous driving behaviors include talking with passengers, adjusting the radio, eating and drinking, and the biggest distraction today: texting.
When a driver sends a text message, their attention is taken away from driving for at least five seconds. During this time, if a motorist is moving at 55 miles per hour, the car can travel a distance of an entire football field. Texting and driving is the equivalent of driving blind.
“Texting and driving has become one of the most prevalent causes of car accidents in the United States. Proving a driver was texting can be difficult, but a knowledgeable attorney will know how to obtain the evidence you need to receive compensation from the at-fault driver,” assures Chad K. Florin, a valued attorney of Florin|Roebig.
Distracted Driving Statistics
The following are statistics for distracted driving involving electronic devices in 2022.
- In 2022, there were 3,308 deaths related to distracted driving.
- 12% of accidents that resulted in injury were caused by distracted driving.
- Drivers aged 25 to 34 accounted for 28% of drivers distracted by cell phones in fatal car crashes.
- 289,310 people were injured in distraction-related car accidents in 2022.
Legal Framework Around Texting While Driving
Cell phones have become a staple in the lives of Floridians and people worldwide. With this technological evolution, laws have been created to reduce negative impacts. Texting and driving in Florida, including sending emails, taking photos and videos, using social media, and making phone calls, is illegal.
Americans will also find that texting and driving, or using a cell phone or wireless device while driving, is illegal or nearly illegal in every state.
- In 34 states, using handheld phones is prohibited.
- 49 states have banned texting and driving.
- 36 states have a ban on new drivers using cell phones.
- 25 states prohibit bus drivers from using phones while driving.
According to the Department of Transportation, there could be more than just legal consequences for texting and driving. Negligent drivers could face up to $2,750 in civil consequences and the loss of their driver’s license.
Due to almost every state having some sort of law regulating the use of cell phones while driving, especially texting and driving, the United States itself does not have any federal distracted driving laws.
Determining Fault in a Texting and Driving Accident
If you have been in an auto accident involving texting while driving, you will likely hear the terms “negligence” and “fault” used frequently. Negligence refers to any conduct or action that leads to injury, damaged property, or other related outcomes.
Texting in Florida and across the United States has become one of the most significant sources of negligence in driving. “Texting and driving is a serious violation of the trust between drivers on the road, who rely on other motorists to pay attention in order to keep safe,” explains attorney Chad K. Florin.
The following are the most typical forms of negligence in personal injury claims filed by car accident victims:
- Gross negligence: Refers to profound disregard for the safety of others or for traffic laws that result in an accident. Gross negligence must usually occur when filing a claim for car accident injuries.
- Comparative negligence: Most states use this negligence system. It considers a motorist’s level of responsibility for the accident compared to others’ faults. Each party is assigned a percentage of fault, and damages awarded are adjusted accordingly.
- Contributory negligence: You cannot file an auto accident claim to pursue compensation if you are found to be even 1% at fault for the accident.
The person at fault in your car accident will likely be very obvious, but unfortunately, determining fault is not straightforward in most cases.
Here is what’s important to understand about fault in car accidents:
- You can still recover damages in no-fault states. You may still be able to obtain a settlement for your injuries if your injuries surpass your personal injury protection (PIP) policy.
- Your level of fault may reduce your settlement. You can file a claim against the negligent driver, but your percentage of fault will reduce your settlement. So, if you are given 30% fault, you will receive a settlement amount of less than 30%.
- Fault may block you from appropriating damages in some states. In a contributory negligence state, drivers cannot file a claim if they are found to be at fault in any way.
Our team of personal injury attorneys understands these concepts, which can be challenging if you are not a lawyer. If you or a family member have questions about fault or negligence, contact the law office of Florin|Roebig.
Steps to Take After an Accident Involving a Texting Driver
If you or a loved one have been in an accident that was caused by a driver who was distracted by texting, the aftermath can be very frustrating and stressful. If you or a member of your family has been hurt in a car accident caused by a texting driver, follow these steps:
1. Seek Medical Care
First, check for indications of injury to make sure you and any of your passengers are alright. If there are any injuries, contact 9-1-1 immediately. Minor injuries need to be appropriately assessed by a medical expert to ensure proper care is given.
Ensure you hang onto any medical records and statements you receive related to the accident. These documents will be helpful when you are building your case.
2. Collect Contact Information
It is essential to get the contact information of all the motorists involved in the auto accident and give them your insurance policy information in return. It is also important to note if any of the drivers are uninsured.
Information to collect includes:
- Driver’s names
- License plate numbers for all vehicles involved
- Driver’s insurance and policy information
- Phone numbers for all drivers
- Driver’s license numbers
3. Call The Police
In Florida, all accidents resulting in injury or property damage must be reported to the local police. Registering an accident with the police ensures you get a police report, which can be used as authorized documentation of the car accident and your official statement. These types of accident reports can act as valuable evidence to support your claim.
4. Get Photos Or Videos
You must begin photographing and recording the car accident scene as soon as you and your passengers are safe and away from dangerous traffic or debris. The video should include the time and location of the auto accident.
Take photos of your injuries, automobile damage, position of vehicles, and license plates. Every detail of the auto accident scene can assist in supporting your claim by helping you establish the extent of your injuries and other damages.
5. Report The Accident To Your Insurance Company
When you have been given proper medical care and have been allowed to leave by the police, you must call your insurance representative to report the accident and start your insurance claim. Florin|Roebig’s lawyers are always available to supply free case consultations.
6. Contact A Florin|Roebig Car Accident Lawyer
Employing a skilled car accident lawyer is a crucial decision that victims must make after an accident. Hiring a personal injury lawyer can help you understand what to say or not to say on an insurance claim, assess all the damages, and guarantee you are filing for the highest amount possible.
Potential Damages and Compensation
In most cases, the driver at fault for an accident is the negligent driver, but many different factors can determine who is responsible for damages and compensation. Negligence occurs when a motorist generally does something that results in an accident.
Generally, determining fault in auto accidents is not always straightforward. The courts will consider all these elements when deciding fault or who can be held liable.
The following are some of the factors that affect fault in car accidents:
- If one of the drivers was negligent.
- If a driver was under the influence of alcohol or drugs.
- If the road conditions were conducive to an accident.
- If the weather itself could have caused an accident.
- Whether or not the car malfunctioned due to a manufacturer error.
For example, If a driver fails to stop at a stop sign, the driver may be considered at fault due to their inability to obey traffic laws.
Our Featured Case Results
Common Defenses Used by Texting Drivers
While texting and driving are illegal in Florida, they still happen and lead to accidents every day. People often have a variety of reasons for texting or using their cell phones while driving; the following are the most common reasons:
- Requiring the use of their phone for emergency purposes
- Using a cell phone to receive driving directions
- Trying to find a phone number
- Utilizing a cell phone’s speak-to-write function
- Using voice commands to operate a cell phone
- Using a cell phone for a car’s diagnostic information
- You were not using your phone while driving or in traffic
If you are in an emergency situation and require the use of your cell phone, it is strongly advised that you drive your car to a safe location and come to a complete stop before using your phone.
If you have questions about Florida’s cell phone use laws or believe you may need representation for a texting and driving citation, contact the law offices of Florin|Roebig today.
How to Strengthen Your Case
When you have been in any kind of accident involving motor vehicles, you must gather evidence that will prove that your side of the story did happen. When the accident was caused by a driver who was texting, you will need to be able to prove it, which can be complicated.
One way to prove the at-fault driver was texting when the accident occurred is by getting their cell phone records, which will show the exact time texts were sent and received on their phone. Hiring an auto accident attorney will be crucial for this step.
Another way to prove the negligence was caused by texting is to find eyewitnesses, such as passengers, other drivers, or pedestrians, who may have noticed. If you find witnesses, record their statements on your phone and ensure the date and time are included.
If the street has businesses that use security cameras, they may have recorded the driver texting. These recordings must be obtained through legal routes, so hiring an attorney to assist your case from the beginning can be a significant benefit for your claim.
We Are Nationally Awarded Lawyers
How to Get Help from Florin|Roebig Attorneys
Being involved in an auto accident caused by a negligent driver who was texting when the accident occurred, you need to hire a talented and skilled attorney for your claim. If you would like to schedule a free consultation with the Florin|Roebig law firm, there are a few different ways to contact our offices:
- Call our phone number 24/7
- Chat with us online
Frequently Asked Questions
The following are the most frequently asked questions (FAQs) by those who were involved in car accidents caused by texting and driving.
Can I still recover damages if I was found to be partially at fault?
Yes, because Florida is a comparative negligence state. This means that even if you are found to be partially at fault, you can still receive damages from the other party.
How do insurance companies determine fault in texting accidents?
Insurance companies will review available records, such as the police report, phone records, and witness statements, to determine who is at fault for texting and causing an accident.
What if the other driver’s texting caused a serious injury or fatality?
Aside from facing legal charges, a driver who was texting caused an accident that led to catastrophic injury or death can be sued by the victims or victims’ family to receive damages.
Is it illegal to text someone while they are driving?
The use of a cell phone while driving in Florida and in most places in the United States is illegal. While it may not be illegal to receive a text, the person driving and texting is the one who will be held responsible for breaking the no-cell phone use laws.
How can the police prove that you were texting to cause an accident?
In order to prove that someone caused an accident because of texting or talking on their cell phone, police will obtain the driver’s phone records. The phone records will have exact times for texts sent and received, as well as phone calls sent and received.
What happens if you cause an accident while texting?
If you have caused an accident because you were distracted due to texting, you will receive legal charges, depending on your state’s specific laws, but generally, they are misdemeanors. The person you had an accident with may also pursue a civil lawsuit to retrieve compensation for damages.
Contact The Trusted Florin|Roebig Lawyers Today
Being involved in a car accident caused by negligence, such as texting and driving, is never easy. Still, the circumstances can be even more challenging when you are left with expenses you may not be able to afford.
If you or someone you love have been a victim of someone else’s texting and driving, the skilled personal injury attorneys at Florin|Roebig are here to help. Please call the Florin|Roebig law offices today for a confidential and free consultation about your texting and driving accident.
