Texting & Distracted Driving Accidents

Distracted driving causes accidents in Florida on a daily basis, and texting while driving is a major cause of distraction.

Distracted Driving Accident Injury Lawyer in FL

Injured by a Distracted Driver?

These days, more and more car accidents are caused by distracted drivers. With our many technologies, including cell phones, GPS devices, television screens, and even the radio, drivers have many potential distractions in the car. And just as the usage of technology has increased significantly in the recent past, so has the number of accidents caused by drivers who are distracted by these technologies.

Significantly, there has been an increasing number of automobile accidents involving a driver who was texting and driving. In fact, as of October 1, 2013, it is now illegal to text and drive in Florida. The “Florida Ban on Texting While Driving Law” (SB 52) now makes texting while driving and emailing while driving finable traffic infractions. A first violation is considered a non-moving infraction. However, a second or subsequent violation within five years will be considered a moving violation for the purpose of fines and the assessment of points. Notably, the law does not ban the use of a cell phone for browsing the internet or the usage of applications while driving.

There is also an exception for the use of the GPS navigation feature on a phone. Also of note, the law is considered a secondary offense. This means that a person cannot be pulled over simply for texting and driving. Rather, a person would have to first be pulled over for a primary offense (for example, not wearing a seatbelt, driving with a headlight out, speeding, etc.) before they can be issued a ticket for texting while driving.

Common Reasons Behind Distracted Driving

Texting is one of the most common types of distracted driving, but it isn’t the only activity causing driver inattention. Here are a few common reasons for distracted driving:

  • Device use extends beyond texting and can include streaming videos, reading emails, and checking notifications.

  • Eating and drinking are common activities while driving, but it can easily cause motorists to become distracted.

  • Radios and music streaming devices can pose dangerous distractions if not used appropriately and safely.

  • Any number of other activities can lead to distractions if drivers are not careful to give their full attention to the road.

The person responsible for your accident may have been paying too much attention to their cell phone, playlist, passenger, or any other distraction while they were driving. If that is the case, they may be liable for your injuries and property damage.

Specialized Investigation And Prosecution

Accidents involving distracted drivers, including drivers who text and drive, require specialized investigation and prosecution. At Main Law Firm, our attorney Jed Main, and his team are familiar with these types of cases, and we are experienced in obtaining recoveries for victims of distracted drivers.

If you have been injured in an accident involving a distracted or texting driver, you can schedule a free consultation with Jed Main at our Orlando accident law firm. Call 407-442-3030 or toll-free at 877-MAIN-LAW (877-624-6529), or contact us to schedule an appointment.

Product liability lawyer in Orlando FL

Contingency Fee Basis

All of our personal injury cases are taken on a contingency fee basis, which means you do not pay for our services unless we are successful in obtaining a recovery for you.

  • Medical costs
  • Rehabilitation/Therapy costs
  • Lost or reduced wages
  • Loss of earning capacity
  • Pain and suffering, including mental anguish, loss of enjoyment of life’s pleasures, inconvenience in dealing with the aftermath of an accident, disability and permanent impairment
  • Property damage
  • In some instances, it may also be possible to file for punitive damages to punish the defendant for his or her reckless and egregious actions.

Frequently Asked Questions

Distracted driving includes anything that takes a driver’s attention away from safely operating the vehicle. That can include texting, using a phone, adjusting GPS, eating, looking at passengers, interacting with in-car screens, or taking attention off the road for any reason. Even a few seconds of distraction can cause a serious crash.

Distracted driving may be proven through phone records, vehicle data, dashcam footage, surveillance video, witness statements, crash reconstruction, admissions by the driver, or the timing of calls and messages. The evidence is often time-sensitive. If a serious injury is involved, a lawyer can move quickly to preserve records before they are deleted or overwritten.

Tell the investigating officer what you saw, write down your memory of the crash, identify any witnesses, and preserve photos or video if available. You should also get medical care and avoid relying on the insurance company to investigate the distraction fully. In many cases, the strongest proof comes from evidence gathered early.

Yes. Texting is one of the most common examples, but distracted driving can include any visual, manual, or mental distraction. A driver may be distracted by navigation, music, food, passengers, work calls, or vehicle technology. The key issue is whether the driver’s attention was taken away from safely operating the vehicle.

Distracted driving evidence is time-sensitive because phone data, vehicle data, surveillance footage, and dashcam video may not be available forever. Businesses may overwrite video, drivers may delete information, and electronic data may be difficult to obtain without legal action. Early investigation can help preserve the proof needed to show what happened.

Jed Main can help with your personal injury case

Aggressive Representation from a Compassionate Accident Attorney

Driving while texting or engaging in another activity that takes a driver’s attention from the road is never safe. Accidents happen every day in Orlando and the surrounding areas, many of them caused by distracted driving. You should have the experienced legal guidance you need and deserve during the aftermath of a car accident, so contact us to schedule a free consultation.

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