Bernstein & Maryanoff

Miami Auto Accident Lawyers Advising You to Stay Ahead of the Legislature

Much has been made in the news recently about the efforts of the Florida legislature to pass a law that will outlaw the use of cell phones and wireless devices for sending text messages while driving a vehicle.  While such a law would simply fall in line with many other states that are taking this step, it should not affect how you are personally dealing with this issue.  You should already be moving away from this habit if you've been using your cell phone behind the wheel for several reasons.

The Law Does Not Solely Define Negligence

While traffic laws are in place to promote safety on the roads and responsible conduct by drivers, the existence of these laws does not necessarily change the definitions and standards as they apply to negligence.  Specifically, evidence that a driver violated a traffic law can certainly be persuasive in court to persuade it that the driver in an accident was negligent.

However, these laws are not exclusive in nature, and it's quite possible to be negligent or even reckless without technically violating a law, rule or regulation.  For instance, it is not per se 'illegal' to drive in an inattentive manner, but if someone is not paying attention to the road and causes an accident that person could still be found negligent in a civil lawsuit filed under a theory of personal injury .

Better Safe than Sorry - Put on a Headset

When it comes to the cell phone use/text message sending while behind the wheel, the best strategy is to spend a small amount of money on a headset or hands-free device if you need to communicate while you're on the road.  Use of this type of device would be evidence that someone is still paying attention to the road and could be persuasive if an accident occurs.

In addition, if someone is injured and claims that the driver who caused the accident was negligent by way of being distracted, there is evidence available that could be obtained and used in order to prove such a case - cell phone companies keep records of the use of the device, and such evidence would require only that the person accused of negligence was using the device at or near the time of the accident at issue.

This notion should also serve as a reminder to those who have been wrongfully injured in an auto accident by an inattentive driver that your legal rights and options still exist regardless of whether or not such a law is in effect in Florida.  If you or someone you love has been harmed because another driver was using a cell phone, you may still be able to prove negligence and properly seek damages.

However, you'll need the help of a Miami auto accidents lawyer to make sure that you're giving yourself the best chance for recovery.  Contact Bernstein & Maryanoff today to schedule a free initial consultation.