Florida Distracted Driving Accident Attorneys
Advocating for Florida Residents Injured by Distracted Driving
Texting and driving is not only reckless but illegal. If you or someone you love has been injured in an accident caused by a texting or otherwise distracted driver, you may have the right to pursue compensation under Florida law.
While it goes without saying that nothing can truly make up for the harm you have been put through, you may be able to save others from being injured by the same reckless driver, as well as recover compensation for any damages accumulated.
If you have been catastrophically injured by a texting driver, our Florida distracted driving accident lawyers at Michles & Booth want to help. We have won multi-million-dollar jury awards and obtained groundbreaking settlements in favor of our clients time and again. With more than 80 years of collective experience, you can rest assured that your case will be in good hands.
Take your first step toward justice. Call a distracted driving accident lawyer at (800) 848-6168 or contact online today to book a free consultation.
When Can you Seek Compensation After a Texting and Driving Accident
Under Florida law, accident victims can hold the at-fault party liable for any injuries they sustained in the accident, as well as for any damages that result from these injuries. This means that if (a) you were hit by a driver who was texting at the time of the crash and (b) you sustained a spinal cord injury, then you could hold that texting driver legally liable for any financial or emotional/psychological losses, also known as economic and non-economic damages, respectively.
Potential damages to which you may be entitled include but are not limited to:
- Medical care
- Rehabilitative treatment
- Cost of disability
- Loss of income
- Lost earning capacity
- Loss of quality of life
- Pain and suffering
- Mental anguish
To win your lawsuit, you will have to prove that the at-fault driver was negligent leading up to the crash. For texting and driving cases, a lawyer will often review the other party’s phone records and correlate the time of any texts to the time of the accident. Such solid evidence may seem difficult for the defense to deny, but they will likely attempt to downplay their share of the fault and shift the blame over to you. This is where these cases get tricky.
How a Michles & Booth Attorney Can Help
After an accident, most of us expect that the party responsible will own up to what they have done, but even if they do at the scene of the accident, the story is likely to change once they get home. The legal team at Michles & Booth comprises skilled legal professionals who understand the nuances of texting and driving accident cases. For years, we have effectively combatted the tactics of negligent parties who attempt to get off scot-free after leaving accident victims injured and in debt.
Our Florida trial lawyers assist our clients with all facets of their texting and driving cases, such as:
- Investigating the accident/scene of the crash
- Reconstructing the accident
- Uncovering hidden evidence
- Preparing and submitting the lawsuit
- Obtaining affidavits and depositions
- Trying the case before a judge and/or jury
- Negotiating with the defense outside the courtroom
If you have sustained a severe injury and are contemplating filing suit, reach out to a lawyer at Michles & Booth for a free consultation. We will discuss your legal options without any risk to you — all consultations are confidential and provided without any obligation to move forward.
Florida Texting and Driving Laws
Per the state’s distracted driving laws, drivers are prohibited from texting and driving. What’s more, in the interest of public safety, motorists of all ages cannot engage in any other form of messaging using a handheld device. These rules and regulations are outlined in Florida Statutes § 316.305 as follows:
A person may not operate 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 nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.
It is important to note that there are exceptions to this statute, however. A Florida driver can legally use a handheld device to contact law enforcement in the case of an emergency, for navigation purposes, and for wireless communication that does not require the manual entry or reading of digital text. In addition, drivers of autonomous vehicles can use handheld devices behind the wheel, as long as the self-driving system is engaged.
How to Identify a Distracted Driver on the Road
According to the National Highway Traffic Safety Administration (NHTSA), over 3,000 people were killed by distracted driving in 2019. The trend has not changed much, with an average of eight people still killed per day due to distracted driving, according to the CDC.
Given the prevalence of distracted driving, and the potentially devastating consequences, it’s smart for any motorist to know how to identify a distracted driver. While these guidelines are not fool-proof, they can be helpful in identifying a potentially dangerous driver on the road:
- Swerving between lanes
- Failing to move once the light turns green
- Waiting too long at a stop sign
- Braking too suddenly or dangerously late
- Looking down at their lap
- Face illuminated by a glow at night
- Chewing or drinking
How to Strengthen a Distracted Driving Claim
One of the first steps after getting injured by a distracted driver is to contact a qualified attorney who has experience in these complex cases. Your attorney will be able to gather the evidence needed in a case like this, which may include the following:
- Timestamps from the other driver’s phone. If the other driver has not deleted the data from their phone, then their phone’s timestamps of calls and texts can prove the most useful evidence in a distracted driving case. The timestamps can be compared to the time of the crash to determine whether the other driver was using their phone right before the incident.
- Phone records. Sometimes, the other driver will have deleted everything from their phone after the crash. However, very little of what we put onto the internet is deleted forever. It’s possible to recover the other driver’s phone records from their phone company, even if they deleted the data from their phone.
- Video footage. There may be traffic or security cameras near the crash site. It’s possible that footage from these cameras may show the other driver using their phone right before the crash.
- Witness testimony. Witnesses’ testimonies can prove valuable evidence in any car accident claim. Your attorney can contact those at the scene and see if they saw anything that indicated the other driver was distracted before the crash.
Hire a Team of Aggressive, Acclaimed Attorneys
When it comes to your recovery, do not leave anything up to chance. If you do, it is likely that the defense will take advantage of this. After all, distracted driving accident cases often involve a defense team composed of hotshot insurance lawyers with advanced degrees and years of experience. Put seasoned attorneys who genuinely care about you in your corner. At Michles & Booth, we can do more than level the playing field; we can put the ball in your court.
Contact a Florida lawyer online today to discuss your texting and driving accident case.
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