Texting and Driving Accidents

At Gerson & Schwartz, PA our lawyers are committed to seeking financial compensation for victims and their families resulting from texting and driving accidents in Miami and other areas of South Florida. Texting while driving any motor vehicle is particularly dangerous because it combines all three types of driver distraction. First, text messaging usually requires the use of the hands. In addition, most people look at their phones while they are texting. Finally, when a person is texting, he or she is presumably thinking about the conversation in which he or she is involved. Due to the rise in the number of distracted driving accidents in Miami, Florida and across the nation, many states have made texting and driving illegal and a serious violation of law.

Under Florida law, F.S. 316.305, the ban on use of texting on a wireless communication device is strictly prohibited while driving a motor vehicle. Florida law states that a person is prohibited from operating a motor vehicle while “manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of non-voice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.” Fla. Stat. 316.05(3)(a).

These important roadway safety laws were enacted in order to improve safety in order to prevent car crashes in Florida and were necessary to protect vehicle operators, passengers, bicyclists, and pedestrians. Because drivers who text are in violation under Florida law, negligence claims for accident victims and wrongful death due to vehicular accidents caused by texting drivers are entitled to recover money damages of their losses.

Financial compensation after an accident may include medical bills and expenses, lost income, loss of earning capacity, property damage, scarring, disfigurement, and pain and suffering. In addition, even if accident victims cannot prove that a driver was texting per se, evidence can be used to prove a negligence claim under Florida law because people who text and drive often engage in other types of negligent conduct that would make them legally responsible for a car crash. This includes speeding, running stop signs, and other forms of distracted driving such as weaving in and out of their lane.

The National Highway Traffic Safety Administration reports that 2.2 percent of drivers text-messaged or visibly manipulated handheld devices during 2015. Despite state laws that restrict the way that drivers use their phones, drivers continue to text and engage in other dangerous activities while they are behind the wheel, sometimes with disastrous results.

Fortunately for people injured by distracted drivers, Florida law allows texting and driving accident victims to recover money damages for their losses. To learn more about your legal rights after an auto, car, or motor vehicle accident and whether you can file a legal claim after an accident call Gerson & Schwartz, P.A to discuss your case with a Miami car accident attorney.

According to the Centers for Disease Control and Prevention, there are three types of driver distraction, which are:

• Cognitive – Cognitive distractions occur when a person thinks about something other than driving.

• Manual – Anything that requires a driver to take his or her hands off the wheel constitutes a manual distraction.

• Visual – Visual distractions involve a driver looking away from the road ahead.

People who are injured by the negligence of others are entitled to financial compensation for their losses. Under Florida law, while violating a traffic statute does not make a person negligent as a matter of law, it can be considered as evidence of negligence. In some cases, texting and driving may be grounds for gross negligence or reckless disregard for the life and safety of others. This may be ground for a claim for punitive damages.

If you or a loved one has sustained a serious or catastrophic injury caused by a driver who was texting or otherwise distracted, you should contact a personal injury attorney that specializes in texting and driving car accidents as soon as possible. To schedule a free consultation with a texting and driving lawyer in Miami, Florida call Gerson & Schwartz, P.A. today at (305) 371-6000 or toll free at (877) 475-2905. You can also email us directly by contacting us online.