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Holding Drivers Liable for Injuries Related to Texting and Driving Crashes
Florida law prohibits texting and driving, and yet, distracted driving accidents continue to be a dangerous problem for drivers in the state. During the past two decades, texting has grown exponentially in popularity, and the resulting number of distracted driving accidents has kept pace. If you or someone you love was hurt by a texting driver, a lawyer can help you obtain the justice and compensation you rightfully deserve.
Our firm focuses exclusively on injury and wrongful death recovery throughout Florida. We are thus able to dedicate our extensive resources and experience to helping clients throughout Florida recover the maximum possible damages. Our founding partner, Randall L. Spivey, is a Florida Board Certified civil trial attorney, a status reached by only one percent of Florida lawyers who have demonstrated experience, ethics and skills in their particular practice areas. Having won more than $219 million for his clients, Randall Spivey is also a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum, organizations of which less than one percent of U.S. lawyers are members.
Texting Laws in Florida Are Ineffective
Although Florida bans texting and driving, the law allows drivers to talk on the phone while driving. Cell phone use is even allowed by novice teen drivers and bus drivers in the state. Furthermore, texting while driving is a secondary law, meaning the law enforcement officer has to pull the driver over for another violation to issue a citation for texting. Many drivers, therefore, continue to take the chance until they eventually wreck.
Proving Texting While Driving
Texting while driving can be just as dangerous as drinking and driving, but it may be easier for a savvy driver to conceal. Our firm conducts an extensive investigation into whether the driver was texting at the time of the crash. Some steps we might take include:
- Subpoenaing phone call, texting and data transfer records
- Looking for signs of distraction, such as lane drift and sudden braking
- Scouring the scene for video footage of the accident
- Subpoenaing the physical phone to look for time-stamped message exchanges, videos and photographs
- Interviewing eyewitnesses about whether they saw the driver using a phone
Damages in Texting and Driving Claims
Proving that the driver who ran into you was texting is important. First, taking one’s hands off the wheel, eyes off the road and attention off driving is evidence of negligence, which might entitle you to insurance coverage that exceeds your no-fault plan. If you were seriously injured, you might be entitled to punitive damages, in addition to compensatory damages, because of the driver’s gross negligence.
Call to Learn More About Texting and Driving Claims
Spivey Law Firm, Personal Injury Attorneys, P.A. represents people injured by texting drivers in Fort Myers and Cape Coral, all of Lee County, Charlotte County and Collier County, as well as Bonita Springs, Estero, Naples, Port Charlotte and Punta Gorda. Learn more about your rights and recovery options for a texting and driving accidents at a free consultation. Call (888) 477-4839 or contact us online today.
Texting and Driving Information
What Is the Status of Florida’s Texting and Driving Ban?
Distracted driving is still an issue in Florida, even after the enactment of the hands-free portion of the driving and texting ban on January 1, 2020.
SADD TextLess Live More Campaign
Statistics show that texting and distracted driving are dangerous. The partnership between SADD and TextLess Live More is a positive step.