With so many cars, trucks, and SUVs sharing the roads, it is extremely important for all drivers to stay focused to avoid collisions. A common cause of crashes is texting while driving, which happens when a driver takes their attention off the road, lowering their ability to react in time to changing conditions. Common driver distractions include texting, eating, adjusting the radio station, and using a cell phone.
If you or a loved one suffered an injury caused by a distracted driver who was texting while driving, you may be eligible for financial compensation. Our team of auto collision attorneys at Herman & Wells has years of experience representing victims of texting while driving car accidents in Pinellas Park and can explain your legal options after a crash.
In today’s world, it is easy for anyone to become distracted by using their phone. Unfortunately, getting distracted while operating a motor vehicle can have disastrous results. Driving any type of vehicle requires constant attention to maintain control and to avoid anything that takes the driver’s eyes off the road, their hands off the wheel, or their mind off driving. Any one of these can result in a collision with another vehicle, but cell phone use—especially texting—does all three, making it one of the most dangerous types of distraction.
Like other states, Florida has laws prohibiting cell phone use while operating a vehicle. The Florida Ban on Texting While Driving Law, found in Florida Statutes § 316.305, prohibits a person from using their cell phone while driving. This includes sending and reading text messages, emails, or any other type of message.
There are a few exceptions, including:
Regardless, texting and driving is generally prohibited and can lead to a citation. However, the real tragedy is when a collision between two vehicles occurs in Pinellas County because one of the drivers was on their phone. This can result in devastating injuries to everyone involved. An experienced lawyer can help victims recover financial compensation.
A successful car accident case usually requires the victim to prove that the other driver was negligent. Negligence happens when one person owes a duty of care, breaches that duty, and someone gets hurt. This duty of care exists in everyday life, and drivers owe it to others to drive safely.
There are many other ways a driver can breach their duty of safe driving. Speeding, running a red light, or breaking any other traffic law can be unsafe because it increases the risk of causing an accident. Distracted driving, such as using a cell phone while moving, is also unsafe and can result in a collision.
This is a basic overview, and there are several other factors that can affect a case. An attorney can help by thoroughly reviewing your individual situation, gathering evidence, and speaking with witnesses. Anyone in Pinellas Park who suffers an injury in a motor vehicle collision caused by another driver using their cell phone should consult with a lawyer to understand their legal options.
Texting while driving car accidents in Pinellas Park can result in serious injuries. If you were involved in a crash, you may be eligible to recover compensation for your hospital bills, medical treatment, lost wages, and pain and suffering.
The legal process is complex, and you can expect the insurance company to oppose your claim. An experienced lawyer at Herman & Wells can guide you through the legal process and provide dedicated representation in settlement negotiations and the courtroom. Call us today to schedule a free consultation.
