South Florida Injury Lawyer Blog
Texting while driving is a primary offense in Florida. That means that a police officer can pull a person over for texting while driving. So if you have been in an accident and you suspect another driver involved in the accident was texting at the time of the accident, this could affect the determination of cause and therefore the amount of your compensation. It is critical to collect the proper documentation to prove texting while driving.
Sources of evidence
If someone involved in an accident was texting while driving, this can be proven in several ways:
- The driver’s admission to you, the police, or another person
- Eyewitness report from someone who actually saw the person texting
- Traffic cameras that captured the moments leading up to the accident
- Phone company records documenting whether the person was texting or using the phone around the time of the accident
Obtaining documents from the phone company requires a subpoena and can be admissible as evidence “only in the event of a crash resulting in death or personal injury” (Florida statute 316.305). However, eyewitness testimony is a powerful form of evidence and it’s important to act quickly before people’s memories fade, so tell your attorney immediately if you suspect texting or other distracted driving caused the accident.
Recovering damages
Because texting while driving is a primary offense in the state of Florida, you may be eligible for compensation for a variety of damages due to an accident caused by a driver distracted by texting, including:
- Medical costs, current and future
- Lost wages
- Property damage
- Pain and suffering
- Other expenses caused by the accident, such as necessary changes to your home to accommodate your injuries
- Loss of companionship in the case of serious permanent injury or death
As a personal injury lawyer and a native of Florida, I am committed to helping residents of Florida, anywhere in the state, receive the compensation they deserve from accidents that were not their fault. It can be difficult for individuals to receive just reparation for harm caused by someone else’s negligence. I know how to go up against large, powerful companies and businesses and get you what you deserve.
Reach out to me to see how I can help you.