AGGRESSIVE DRIVING ACCIDENTS
UNINSURED / UNDERINSURED MOTORIST CLAIMS
MEET OUR ATTORNEYS
Adam Baros, Esq
Jason Weisenberg, Esq.
TEXTING AND DRIVING ACCIDENTS
Adam Baron Serves Victims Involved in Accidents From Texting and Driving
There is no excuse for looking at the phone to read or send a text message, which may require a driver to take their eyes off the road for as long as it takes to drive the length of a football field at highway speeds. At the Law Offices of Adam Baron, our car accident attorneys have advised and represented many victims of crashes in South Florida. We are prepared to put our skills and resources to use for you.
Florida Laws About Texting and Driving
As provided by Florida law, drivers owe one another a duty to operate their vehicles with the same level of prudence and care that a reasonable motorist would exercise in a similar situation. This standard involves complying with the wide range of traffic rules in the state. One of these is Florida Statute Section 316.305, which bans drivers from texting while operating a motor vehicle. This law also covers emailing, instant messaging, and SMS exchanges behind the wheel. If a plaintiff can prove that a defendant violated this statute at the time of the crash, therefore, the plaintiff can make a strong argument that the defendant was negligent. Violating a rule of the road or another law generally would be considered unreasonable.
Next, the plaintiff will need to prove that the defendant’s texting behind the wheel was the direct cause of the accident. Obtaining a copy of a police report related to the crash, as well as the defendant’s cell phone records, may be useful evidence in seeking to establish this element. The plaintiff also will need to offer evidence regarding the amount of compensation that they should receive. Compensation following an accident may include medical bills, missed income, and projected expenses regarding ongoing medical care that the plaintiff may require. Also, a plaintiff may seek non-economic damages for pain and suffering as well as lost enjoyment of life. These are more challenging to quantify, but witness testimony from vocational experts and people close to the plaintiff may help a jury understand how the crash changed their life.