Texting especially is targeted in the bulk of anti-distracted driving campaigns for two reasons:
The National Highway Traffic Safety Administration (NHTSA) estimates nearly 3,500 people die annually in distracted driving accidents.
When distracted driving causes a crash, Garvin Injury Law’s auto accident attorneys in Fort Myers can help you fight for compensation. It is important to hire the best injury attorney you can find because distracted driving is not as easily proven as, say, drunk driving. Unless the offending motorist has admitted to it, establishing driver distraction often requires extensive investigation.
It is not always necessary to prove driver distraction to win your case, but it can help bolster the assertion that the defendant driver was not using a reasonable degree of care – an essential element to proving negligence and recovering damages.
Our dedicated injury lawyers can formulate an optimal legal strategy to maximize your chances of success in securing a favorable settlement or verdict.
Florida’s Distracted Driving LawIn Florida, as in many other states, drivers have a legal duty to use reasonable care anytime they are engaged in something that might foreseeably cause harm. We know driving a vehicle certainly has the potential for harm, given that an average of 370,000 crashes happen in this state each year, according to the Florida Department of Highway Safety and Motor Vehicles. It has been well-established that this duty of care includes the responsibility to obey traffic laws, adjust speed according to road conditions, and be sober.
It also necessitates being alert; that could mean:
Although any number of things have the potential to be a distraction, Florida’s distracted driving law focuses specifically on cell phone use, particularly targeting texting.
F.S. 316.305, Florida’s Ban on Texting While Driving Law specifically prohibits operating a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communication device or while sending or reading data on such a device for purposes of non-voice interpersonal communication. This can mean texting but also emailing and instant messaging.
This provision does not apply to someone who is dialing a phone number, reporting an emergency, or receiving messages relating to radio broadcasts, safety-related information (traffic and weather alerts), or navigation. It also does not prohibit someone from merely talking on the phone, even though we know that it is a major distraction for many drivers.
The law further stipulates a driver’s cell phone billing records are only admissible in court when the crash results in a death or personal injury. (This is important because even if no one is hurt, it skews our data on how frequently distracted driving accidents occur in Florida, which minimizes the scope of the issue.)
Teens and younger drivers are at especially high risk, with the NHTSA reporting approximately 11 percent of those killed in crashes dying in one involving driver distraction.
Our injury attorneys in Fort Myers are committed to helping victims of distracted drivers obtain just compensation for their injuries.
Contact our Fort Myers attorneys at Garvin Injury Law today at 239.277.0005 or online for a free case review.