While Florida law does not consider talking on the phone while driving a criminal act, the state has enacted a distracted driving law that penalizes people for texting behind the wheel. If you were injured in a car wreck due to another driver’s distraction, you may benefit from speaking with a St. Augustine texting while driving car accident lawyer about your legal right to seek compensation.
A driver who takes their eyes off the road for even a moment could lose their concentration. If this results in an accident, that driver might be held legally liable for any resulting damages. With the help of a dedicated car accident attorney, you could have legal counsel as you gather evidence and build persuasive a case to seek compensation.
Laws Concerning Distracted Driving
According to Florida Statute §316.305, texting while driving, as well as any other typing activity, is considered distracted driving. Not only does it place the driver at risk of getting into a crash, but it also jeopardizes others on the road. This extends to other drivers, pedestrians, motorcyclists, and any passengers in the car.
As a response to this issue, Florida’s legislature has made texting while driving a non-criminal traffic offense. To understand how this law might relate to a claimant’s case for compensation, they might benefit from the counsel of a knowledgeable texting while driving car accident attorney in St. Augustine.
Determining Negligence in St. Augustine
To prevail in any injury case, a plaintiff generally must prove that the defendant was negligent. This involves providing evidence that the defendant violated their duty to protect the injured party and that this violation led to an accident which caused injuries. Because all drivers assume a legal duty to protect any other person they may encounter on the road, any injured person may have a potential claim.
One common way to prove negligence, for example, is to demonstrate that the defendant broke a rule of the road — such as texting — and that this violation caused the wreck. Even though a police officer cannot usually pull over a driver on suspicion of texting alone, if a driver is in an accident due to texting, the responding officer could issue a ticket. This ticket could then be valuable evidence in an injury lawsuit for damages suffered in an accident.
In fact, simply providing evidence that the defendant received a ticket might be enough to demonstrate that the defendant was negligent per se. A seasoned St. Augustine texting while driving Lawyer could help a claimant to gather evidence of neglect in order to request compensation.
A St. Augustine Texting While Driving Car Accident Attorney Could Be an Ally
Being involved in a car wreck could be a frightening and potentially traumatizing experience. If you were in an accident as the result of someone’s negligent distraction, however, you may wish to speak with a St. Augustine texting while driving car accident lawyer about your right to seek compensation.
A compassionate attorney could work with you to gather evidence of negligence and handle any necessary negotiations so that you may focus on your recovery. To schedule a consultation, reach out to a legal professional today.
