How The New Florida Texting And Driving Law Can Affect You
While many people think that texting and driving is not that big of a deal, the research by the American Automobile Association (AAA) had demonstrated that people who text while driving are eight times more likely to be involved in a crash. In the state of Florida more than 51,000 crashes involved distracted drivers according to the Florida Deptartment of Highway and Safety.
How Is The New Law Different?
Florida’s new texting while driving law differs from the previous law because it makes texting, which includes emailing, messaging and other forms of typing on a mobile device a primary violation instead of a secondary violation. What this means is that the police can stop you if they suspect you were texting while driving. It also bans any use of a handheld cellphone while driving in a school zone, school crossing or a road construction zone. This does not include hands free devices. The penalties do remain the same. The exception to the new law includes texting when the automobile is stationary, at a stoplight and all emergency responders.
Texting While Driving is Negligence
Texting while you are driving is considered “driving while distracted”, and therefore a form of negligence Motorists who cause accidents while carelessly sending texts and reading texts are responsible for the damages . It is well within your rights to demand compensation for your injuries.
Determining Negligence in a Texting While Driving Case
As with any other claim or lawsuit in the state of Florida, negligence must be determined to request compensation. It is vital that if you should be hit by a driver who was texting while driving that you obtain as many details as you can to make a strong case. If there are witnesses, get their name and number. To prove negligence you must be able to determine the following:
● At the time the accident occurred, was the other driver looking at their cell phone or paying attention to the road.
● Was the at fault driver talking on their cell phone when the accident happened.?
● Was the driver texting just before they hit me?
In all texting and driving cases you must prove the driver was distracted at the time they hit you and therefore were negligent. It is the responsibility of every driver to drive in a safe manner. It is within your rights to seek compensation if the person was negligent and as a result you were injured.
Other Negligent Parties in Texting While Driving Cases
Once you have proved that your injuries were a result of the other driver texting while driving, you can not only seek compensation for medical bills, lost wages, pain and suffering as well as other related damages, you may also file a claim against the other potentially liable parties. For example you can file a claim against the text sender. Again you must prove negligence such as:
● The sender of the text knew the recipient was driving at the time
● The sender had reason to believe the driver would read the message while they were driving.
Since the average driver does not understand the complexities of the new Florida texting laws, the large insurance companies will use this lack of knowledge against you. The St. Pete Lawyer Michael Babboni is aware of the laws and how to make sure the insurance companies do not compensate you with less than you deserve. He has recovered millions for his clients and will provide you with the best legal team in the St. Petersburg area. If you were injured by a driver that was texting, call him today and see how he can help.