Distracted driving can result in catastrophic injuries and even death. According to the National Highway Traffic Safety Administration (NHTSA), over 3000 people die every year because of distracted driving. Texting while driving is a major form of distracted driving. Florida has put in place traffic control laws to prevent distracted driving on their roads. For instance, there is Florida law 316.305, which bans texting while driving in the state. However, there are exceptions to this law, like when police officers and emergency responders, and firefighters use their phones and computers while working.
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Who is Liable?
If the Defendant was Using a Phone
If a negligent driver caused the accident and injured someone, he or she can be held liable for damages under the Florida personal injury law. Moreover, under the state’s mandatory auto insurance coverage, the liable driver’s insurance will pay for the accident-related expenses.
If the Plaintiff Was Using a Phone
Even if the driver was injured by another negligent party but the offender was using their phone when the crash occurred, they may be held partially responsible for the accident. The defense may argue that the driver was not attentive and careful while driving and could have avoided the crash if they were not using a mobile phone.
When Both Parties Were Using a Phone
The state of Florida follows a comparative negligence system where one party may not be 100% responsible for the collision. Therefore, you can still recover damages, even if you are partly at fault and played a role in causing the accident. Therefore, the insurance companies may have to determine the percentage of liability that each party shares after the crash.
If any of the casualties involved in the collision are partially responsible for their injuries, they will receive compensation that reflects that. For example, if you are 20% responsible for the crash, you will receive 80% of your losses. In such instances, the victims need to hire an attorney who can help them understand and calculate their degree of fault in a collision case.
How to Prove Distracted Driving in a Lawsuit
Your attorney can investigate your case and build your evidence to prove that the other party was texting and driving at the time of the collision. For instance, the professional can talk to witnesses inside the vehicle and bystanders who may have witnessed the activity.
The legal expert can also use interrogatories, depositions, and subpoenas to gather relevant evidence from the other party and third parties as well. In addition, the attorney can also ask for a forensic examination of the other party’s cell phone to determine whether messages were sent at the time of the collision.
Conclusion
If you have been hurt by a negligent driver and you are confused about the next action to take, you have the right to contact an experienced attorney who can represent you and protect your interests. Since car accident lawyers have helped many other casualties like you, they will smoothly handle your legal case as you focus on recuperating.
