Texting While Driving Accidents
In today’s world, it is hardly a secret that texting while driving is extremely dangerous and one of the most significant causes of motor vehicle accidents in the United States. In a densely populated state like Florida, these crashes are all too common when people get distracted behind the wheel on heavily traveled highways. 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 Naples 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.Bringing a Personal Injury Claim Following a Texting While Driving Accident
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.Contact a Knowledgeable Naples Attorney Following a Car Accident
If you or someone you love has been hurt in a crash because of another motorist’s decision to engage in texting behind the wheel, our Naples car accident lawyers are ready to help you assert your legal rights. We have assisted people in Miami-Dade and Broward County cities, such as Naples, Coral Springs, Tamarac, Fort Myers, and North Miami Beach, with seeking the compensation that they deserve. We offer a free consultation to help you learn about your rights and have offices in several convenient locations. Contact us online or call us now to discuss your situation with a motor vehicle collision attorney. You can reach the Law Offices of Adam Baron in Broward County at (954) 247-4878, in Miami-Dade County at (305) 770-2131, or in Naples/Fort Myers at (239) 352-5511.