Texting while driving is illegal in Florida, but unfortunately, people do so on a daily basis, often causing severe car crashes and injuries. Until recently, law enforcement officers were not able to pull a person over simply for operating a cell phone while driving, instead, a traffic stop required the impetus of another offense or traffic violation.
Using a cellphone or texting while driving is now a primary offense in Florida which means that an officer can pull a driver over even if they are obeying all other traffic laws simply for using their cell phone while operating their vehicle. However, drivers may still use the talk or talk and type functions of their cellphone as long as they are using a hands-free device so they are able to driver safely.
If you or a loved one was injured in an auto wreck caused by another driver who was distracted by their phone, a Clearwater texting while driving car accident lawyer could help you fight for the compensation you deserve. Whether it is aggressively negotiating with the other driver’s insurance company, or taking the case to court, a dedicate car crash injury attorney could be the ally you need to get a positive outcome in your case.
Demonstrating Negligence Against Defendants
Cell phone use by a defendant absolutely helps to demonstrate the defendant’s liability in these accidents. An attorney can help to obtain information about whether the defendant was on their cell phone at the time of the accident. They can subpoena cellphone and call records, inspect the cell phone, and collect proof that the defendant was using their cellphone at the time of the accident. Because using a cellphone while driving is illegal due to the high chance that it will lead to a wreck, showing that the at-fault driver was unable to drive safely due to distraction could prove that they were willfully negligent.
Comparative Negligence in Clearwater Texting While Driving Cases
While the use of a cellphone could be grounds for proving negligence against a responsible driver, if the plaintiff was also using a cellular device, their financial recovery may be diminished. With the change in Florida law making cell phone use a primary offense, if the plaintiff was using the cell phone and not using it hands free, wireless, or on Bluetooth, that can impact comparative negligence. If a plaintiff is found to be partially responsible for causing the accident that injured them, they may see their damage award reduced proportionately to their degree of fault.
Even if the claimant was using a Bluetooth device, if it can be demonstrated that the plaintiff was on the phone, the defense would be able to make arguments that perhaps the plaintiff was distracted and that the plaintiff may bear some responsibility for the accident. To fight back against allegations of shared fault, accident victims should work with a Clearwater lawyer who is experienced in handling texting while driving car accident cases.
Let a Legal Counsel Help You Seek Compensation
In the wake of a car accident, you may be left with significant medical bills, lost wages from time off of work during recuperation, as well as long term pain and suffering. For help filing your claim and pursuing compensation that is fair, consult with an experienced Clearwater texting while driving car accident lawyer. Call today to schedule an initial meeting to discuss your case.
