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Distracted Driving Accidents

Let a Florida Distracted Driving Accident Lawyer Help You Pick Up the Pieces

Distracted driving — and more specifically, driving while using a cell phone — is more common than ever before and poses a significant risk to others on the roadway.  According to a 2016 report conducted by the Florida Department of Highway Safety and Motor Vehicles, there were roughly 50,000 accidents involving distracted driving, which led to 3,500 serious injuries and 233 fatalities.

These statistics make Florida the second-worst state for distracted driving, which comes as no surprise. Less than a decade ago, Florida was one of the few states that did not prohibit cell phone use in vehicles, thus (implicitly) encouraging drivers to engage in risky behavior behind the wheel.  Fortunately, the law changed, making a driver’s cell phone usage while the vehicle is in motion illegal.

If you have been injured in a car accident due to another person’s distracted driving, you may be entitled to compensation. Contact a Florida distracted driving accident attorney at our firm to discuss the particulars of your case. Below are a number of unique issues associated with distracted driving lawsuits that are worth noting.  

Distracted driver looks at cell phone

Florida Law Prohibits Cell Phone Use Behind the Wheel 

Distracted driving has always been a major contributor to car accidents, and as mobile phones become an increasingly integrated part of our daily lives, texting and driving has arguably become the most common form of distracted driving. Some observers estimate that 26 percent of all motor vehicle accidents are caused by or related to the use of mobile phones while driving.

Florida, like most other states, makes it illegal for a driver to use a cell phone while their vehicle is in motion. This law makes it somewhat easier to impose liability on distracted drivers for the accidents they cause, as their violation of the law will qualify as “negligence per se.”  In other words, they will be presumed negligent. All you have to do to successfully recover is prove that the distracted driver was, in fact, operating their cell phone at the time of the accident and that this negligent act contributed to the accident at issue.

Proving Fault in Your Distracted Driving or Texting and Driving Case

As the plaintiff, there are a number of ways in which you can prove that the defendant-driver was using their cell phone at the time of the accident.  For example, you can rely on eyewitness testimony or video evidence (i.e., surveillance camera footage).  Alternatively, you can investigate the billing records of the defendant-driver so as to pinpoint whether they made a call or sent a text message at the time of the accident. When you consult with a Florida distracted driving accident lawyer at our firm, we’ll be sure to collect all the evidence we can to help you earn top compensation

One of the ways in which a distracted driving defendant may attempt to avoid liability is by arguing that even though they were distracted, the distraction did not actually “cause” the accident.  This is a difficult argument, however, and will certainly not put them in a good light.  You can further undermine this defense argument by working with accident reconstructionists and showing that the defendant-driver could have avoided the accident had they been more alert.

Contact a Florida Distracted Driving Accident Attorney to Schedule a Free Consultation

Here at Searcy Denney, we have decades of experience working with a wide range of injured plaintiffs, including those who are harmed in car accidents in which the defendant-driver was operating their vehicle while using a cell phone.

Over the years, we have represented thousands of plaintiffs and secured over $4.2 billion in compensation through negotiated settlements and trial litigation. The breadth and depth of our litigation experience has given us valuable insight into what is necessary to secure a positive result for our client, even in cases where there may be evidentiary challenges and other concerns making the dispute more difficult to resolve.

If you’d like to speak to a seasoned attorney at our Florida auto accident law firm, call us at 1-800-780-8607 or complete an online intake form though our website.  Consultation is free and confidential.

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Posted By: Samantha Saundry