Texting While Driving

Using a phone while driving has always been dangerous, made only more so by the growing number of smart phones with texting technology. This behavior can lead to serious, life-altering injuries. The car accidents at the Law Offices of Robert Dixon represent victims near Miami who have been hurt by the actions of careless drivers. Serving clients in Miami-Dade, Broward, and Palm Beach Counties, our firm works hard to assert your right to be compensated by those who are responsible for your injury.

In 2013, Florida enacted a law prohibiting drivers from texting while behind the wheel. If a person is pulled over for another traffic violation, and is observed texting or otherwise using a portable device, he or she could be subject to additional fines or costs. If a driver is issued repeated citations for texting while driving, points may be levied against his or her license. The same is true if individuals are found violating a traffic law in a school zone or causing an accident while texting. In Florida in 2012, over 4,500 car accidents were found to involve drivers distracted by their cell phones, of which 250 were conclusively linked to texting. More accidents are suspected to have involved texting while driving, and the Florida Department of Highway Safety and Motor Vehicles listed distracted driving as a top traffic safety concern.

If a driver causes an accident while texting, he or she can face multiple traffic infractions, fines, and civil liability for any injuries that result. To recover damages for harm sustained in a crash, the victim must establish the defendant’s negligence. This means proving:

• The defendant driver owed the victim a duty of care;
• That duty was breached by the driver’s actions;
• The breach was the cause of the victim’s injuries; and
• He or she sustained actual damages as a result.

A driver found unlawfully texting while behind the wheel would most likely be breaching his or her duty of care to act as a reasonable and prudent person would behave under similar circumstances. Once negligence is shown, a plaintiff may recover damages for his or her injuries, including past and future medical expenses, property damage, loss of wages, and pain and suffering. In Florida, the statute of limitations for a personal injury claim is within four years from the date of injury.

Sometimes, a texting while driving accident may lead to a fatality. In such instances, certain family members of the deceased person may file a wrongful death claim against the responsible party to pursue damages for funeral or burial expenses as well as loss of consortium. These lawsuits must be filed within two years from the date of death.

It may seem harmless enough, but texting while driving can cause serious accidents as people carelessly ignore the roads and the people around them. These crashes often lead to significant injuries and the expenses that accompany them. If you have been hurt in an accident near Miami involving a careless driver, the experienced motor vehicle collision attorneys at the Law Offices of Robert Dixon can help you pursue legal action and fair compensation. Call 877.499.4878 or contact us online for a free, no-obligation consultation.