Texting and Driving Accidents
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Miami car accident attorneys at Bernstein & Maryanoff Injury Attorneys have the knowledge and experience necessary to get you maximum compensation for your car accident injuries.
The prevalence of smartphones in modern society makes accidents involving texting and driving frustratingly common. Far too many drivers give in to the temptation to use their devices while driving. But at Bernstein & Maryanoff, Injury Attorneys, we are committed to helping victims of these types of accidents get fair compensation.
If you were seriously hurt in a texting and driving accident in Miami, contact our law firm right away to schedule a free consultation.
How Many Accidents Are Caused by Texting and Driving?
Texting and driving accidents are a type of distracted driving accident that have become increasingly common as more people own smartphones and use them for daily activities.
You may be wondering, “What are the statistics for traffic accidents related to distracted driving?” Data from the CDC shows that over 400,000 people were injured and over 3,000 were killed in 2019.
A similar question regarding distracted driving statistics is, “What percent of car accidents are caused by texting and driving?” According to the Federal Communications Commission (FCC), approximately 12% of fatal distracted driving accidents involved at least one party using a cell phone at the time of the crash.
Frighteningly, those numbers probably undercount the number of fatal crashes that involve texting and driving because drivers are unlikely to self-report. Admitting to texting and driving can result in criminal charges or being found liable for an accident.
Additionally, texting and driving accidents are common among young adults and teenagers, who have spent practically their entire lives texting. They are also common in heavier traffic, where even a slight distraction can spell disaster.
Why Texting and Driving Is So Dangerous
Texting and driving accidents are some of the most preventable of all accident types. They would never occur if all drivers avoided the activity while on the road, but unfortunately, many drivers still believe they can get away with doing so safely.
But that simply isn’t true. Just by reading a text, you are taking your eyes off the road for a few seconds. And at highway speeds, spending four seconds to read a text means you will travel the length of a football field.
Furthermore, even if you use a hands-free device, the cognitive distraction can be enough to cause an accident. When your mind wanders from driving, you are less likely to detect danger. These types of distractions often result in unintended lane departures or rear-end collisions, as you may not notice another driver braking.
Texting and Driving Laws in Florida
In Florida, texting while driving is a primary offense, the penalties of which include fines and license points that are more severe in school and construction zones. You may, however, text while stopped at a red light.
If you believe that another driver caused an accident due to them texting at the time, a Miami car accident lawyer can help you investigate that claim. That is quite important, as the police may not always be able to correctly identify that the other driver was texting.
Texting and Driving Laws by State
The laws in Florida are indicative of a broader national effort to limit texting and driving accidents. However, rules governing the action still differ significantly by state.
For example, holding an electronic device while driving is banned outright in Georgia, Alabama, and South Carolina, but it is only forbidden while communicating in Florida. Hands-free use is prohibited for young drivers in Tennessee and North Carolina, unlike Florida.
Consequences of Texting and Driving Accidents
Florida distracted driving car accidents can have a devastating impact on anyone involved, potentially affecting their quality of life for years or even decades. Some of these accidents can even be fatal.
Common physical harm from texting and driving accidents can take the form of things like:
- Whiplash and other spinal cord injuries
- Traumatic brain injuries
- Internal organ damage
Many of these injuries can require a lifetime of treatment and never fully heal. And even when they do, the emotional trauma of the accident can last a lifetime.
Finally, the financial burden of medical bills and lost wages can be devastating. And without the help of a good Florida car accident attorney, you might not get enough compensation from the insurance company to fully recover.
What To Do After a Texting and Driving Accident in Miami
If you are involved in an accident with a distracted driver, you should take the following steps to protect your health and finances:
Prioritize Safety and Medical Attention
Get your car to the nearest safe location, assuming it can move. If it can’t, get out of your vehicle if you can safely do so, then call 911 immediately and request medical attention.
Call the Police and Ensure an Accident Report Is Filed
You should also request that the police come to the scene when requesting medical attention, and inform them of your suspicions that the other driver was distracted. They will fill out a report that your lawyer can use to support your claim.
Gather Evidence if Possible
Take pictures of any damage and injuries if you can do so safely. You’ll also want to obtain the contact information of any witnesses.
Avoid Admitting Fault or Making Detailed Statements to the Other Driver’s Insurer
You may eventually need to provide a detailed statement to the other driver’s insurer, but you should wait until you have legal consultation to do so. For now, say as little as you can to any other party.
Contact a Personal Injury Attorney Immediately
The most crucial step outside of seeking medical attention is to contact a personal injury lawyer as soon as possible after the accident.
How Bernstein & Maryanoff, Injury Attorneys, Can Help Victims of Texting and Driving Accidents
Proving that another driver was texting can be a complicated feat. There likely isn’t video footage of it, and the alleged driver and their passengers are unlikely to admit to the activity.
Luckily, our experienced Miami texting and driving accident attorneys know how to gather evidence that can prove they were texting. We will work to obtain cell phone records, swiftly interview witnesses, and even call in expert witnesses to reconstruct the accident in some cases. Altogether, we can use what we gather to accurately calculate the value of your claim, effectively preventing the insurance company from undervaluing it.
Finally, we’ll protect you from financial harm. At Bernstein & Maryanoff, Injury Attorneys, we guarantee that we will charge you no fee until we get you money. You can call us at 1-800-429-4529, or use our online contact form to learn more.
Contact Bernstein & Maryanoff, Injury Attorneys, today for a free consultation if you or a loved one has been a victim of a texting and driving accident in Miami or surrounding Florida communities.
FAQ
Can I Still Recover Compensation if I Was Partially at Fault for the Accident, Even if the Other Driver Was Texting?
If you are 50% or less responsible for an accident, state law allows you to receive partial compensation.
How Long Do I Have To File a Lawsuit After a Texting and Driving Accident in Florida?
You have two years from the date of an injury to file a lawsuit.
What Kind of Evidence Is Strongest in Proving the Other Driver Was Texting?
Phone records from the time of the accident are often the strongest evidence.
Will My Insurance Rates Go Up if I’m Hit By Someone Who Was Texting and Driving?
Insurance rates often increase regardless of fault after an accident in Florida.
What if the Driver Who Hit Me Was Using a Hands-Free Device? Can They Still Be Considered Distracted and At Fault?
Using a hands-free device may still be considered a cognitive distraction, resulting in fault.
Are There Any Specific Laws in Florida Regarding Texting and Driving for Commercial Truck Drivers or Bus Drivers?
The same laws that apply to passenger vehicles apply to commercial vehicles.
Sources:
CDC, Distracted Driving.
FCC, The Dangers of Distracted Driving.
Fla. Stat. 316.305.
Fla. Stat. 768.81.
Fla. Stat. 95.11.
IIHS, Distracted Driving.
