Texting While Driving Accident Attorney in Florida
Modern technology can improve our lives in so many ways. Unfortunately, it has also increased the occurrence of car accidents caused by drivers who are distracted or texting, and who are therefore unable to react to road conditions in time to prevent a collision. While awareness of the problem seems to have increased, the fact is that drivers are still texting while driving or otherwise distracted. The Florida Highway Patrol has recently released statistics that identify last year as the worst year on record for accidents caused by drivers who were distracted in some way. Some studies have even noted that texting while driving is six times more dangerous than driving while under the influence of alcohol. At Gonzalez & Cartwright, P.A., our Florida distracted driving accident lawyers believe that our clients should not suffer because another driver was distracted or texting while driving.
Distracted driving accidents and texting accidents can result in even more serious damage and injury than in the case of a motor vehicle accident where the driver attempts to respond to the roadway condition. Distracted drivers often fail to notice that they are about to be involved in an accident, resulting in greater speeds at collision. Our Florida distracted driving accident lawyers have been serving the community of Palm Beach County, FL for over 10 years, and we have developed a reputation for providing legal representation that is focused, aggressive, and compassionate. Our offices are fully bilingual—meaning that each attorney at our firm speaks fluent Spanish and English.
Texting and Distracted Driving Accident Studies
Studies have generally identified three different types of distracted driving:
- Visual distraction: The driver takes his or her eyes off the road, whether to read a text, look at a GPS device, or dial the phone.
- Cognitive distraction: The driver’s internal thoughts distract the driver from events taking place on the roadway.
- Manual distraction: The driver physically takes his or her hands off the wheel, whether to text, search for an item, or care for a child.
Although texting can involve all three types of distraction, it is not technically illegal to text while driving in Florida. Texting while driving is only a secondary offense, which means that law enforcement officials are permitted to issue a ticket for texting if they have pulled the driver over for another primary offense, such as speeding or running a red light, but they cannot pull a driver over for texting alone.
Establishing Liability for Your Case
As in any motor vehicle accident case, one of the primary issues in a distracted driving accident or a texting accident involves establishing liability. Distracted driving and texting while driving each creates a situation where the distracted driver is negligent, or not exercising reasonable care to prevent accidents and injuries to others on the road. Our texting while driving attorneys in FL have specialized experience in these types of cases, and we will work to establish liability by analyzing:
- Phone records: We will subpoena the potentially at-fault driver’s phone records to determine whether he or she was texting at the time of the accident, which can provide evidence that his or her texting was a contributing factor in the crash.
- Black box recordings: Newer vehicles may contain a device called a “black box,” which can contain information as to what caused the accident.
- Video surveillance: Our attorneys will evaluate the accident scene to locate any surveillance videos in the area, which can provide evidence as to the driver’s actions at the time of the accident.
Let’s Discuss Your Florida Distracted Driving Accident Case Today For Free
At Gonzalez & Cartwright, P.A., our clients are more than just numbers on a case file. Our commitment to the local community in Florida extends far beyond the walls of the office and courtroom, as demonstrated by the grassroots community involvement of our attorneys themselves. If you have questions concerning your legal rights following a distracted driving accident in Florida, contact our offices to schedule a meeting today. For your convenience, we offer weekend and evening appointments, and we are available to visit you in the hospital or your home if your injuries prevent you from traveling.
Frequently Asked Questions About Distracted Driving Accidents
It depends. In some cases, all it takes is an attorney’s simple phone call to the insurance company to establish your claim for damages. In cases involving more severe injuries, extensive negotiations with the insurance companies and the at-fault party’s legal representation may be necessary. If a trial is necessary, this adds to the timeframe, based upon the availability of the judges and the court.
Unfortunately, what is clear to one person may not translate to action by the insurance company in your case. If your injuries and the damage to your vehicle were minor, our attorneys can assist in filing the insurance claim and negotiating with your insurance company to ensure you receive the maximum compensation to which you are entitled. If your injuries were more extensive, an attorney may be necessary to pursue compensation from a third party who was negligent in causing the accident. In many cases, it is simply not clear on the surface that another driver’s distraction or texting caused your accident. Our attorneys are experienced in investigating these types of accidents to uncover evidence to help support your claim.