Despite Florida’s ban on texting while driving, drivers continue to engage in this dangerous behavior, causing accidents that may result in devastating injuries to victims. If you have been hurt in a crash caused by a distracted driver, do not delay to speak with a Seminole texting while driving car accident lawyer. A dedicated personal injury attorney could provide the skilled legal representation you need to seek compensation from those at-fault and recoup the losses you have suffered.
Seminole Texting While Driving Laws
Florida Statutes §316.305 outlines the state’s texting while driving law, which prohibits all motorists from texting while operating a motor vehicle. Texting while driving is a primary offense. The use of any handheld wireless devices is also banned in school and construction zones.
Liability in a Seminole Texting While Driving Collision
A negligent driver could be held liable for injuries they cause by texting while driving. If someone is injured in a texting while driving crash, a Seminole lawyer could help them hold a negligent motorist responsible by filing a personal injury claim. Personal injury claims are typically based on the legal doctrine of negligence.
As such, a plaintiff must prove the following elements to hold a defendant accountable for injuries caused by their negligence:
- The defendant owed a duty of care to act as a reasonable driver would under similar circumstances
- The defendant violated this duty of care
- The defendant’s breach caused the plaintiff’s injuries and other damages
Obtaining Financial Damages and Compensation
A plaintiff may recover damages if they prove the driver’s liability in a texting while driving crash. Injured victims could potentially obtain compensation for their:
- Medical and hospital bills
- Lost income
- Lost earning capacity
- Temporary transportation
- Property damage
- Household costs
Other recoverable financial damages may include loss of consortium, loss of life enjoyment, mental anguish, emotional distress, pain, and suffering.
When someone loses a relative in a crash caused by a texting driver, a Seminole attorney could help them initiate a wrongful death action. The family of the decedent may be able to recover for their relative’s medical costs, burial expenses, and other damages, based on their relationship with the decedent.
Time Limitations on Pursuing a Claim
Even when a plaintiff’s injury qualifies as serious, they will still only be permitted to file a lawsuit with the civil courts if they do so before the statutory deadline expires. Pursuant to Fl. Stat. Ann. §95-11, the statutory deadline for filing an auto accident claim is four years from the date of the collision.
In most cases, injured victims who miss the deadline may have their cases dismissed by the court, unless a rare exception applies and a judge is willing to extend the deadline.
Comparative Negligence Could Impact Financial Recovery
Florida courts follow the system of pure comparative negligence when awarding damages in personal injury cases. This means that the level of compensation a plaintiff may recover is determined by their degree of negligence. If the court finds that an injured party is partially at fault for their damages, their compensation could be reduced by their percentage of assigned blame.
Discuss Your Claim with a Seminole Texting While Driving Car Accident Attorney
A Seminole texting while driving car accident lawyer could stand up for and protect your right to compensation for your auto accident injuries. An attorney could help you file a claim against the party responsible for your damages in a texting while driving crash.
A skilled lawyer could also examine the facts of your case, investigate the collision, and zealously advocate for your interests in settlement negotiations or at trial. Call today to arrange a consultation and discuss your potential claim.
