Texting and Driving Accidents

If you or a loved one has been hurt in a car accident that was caused by another driver, it will be important to investigate whether the other driver’s texting contributed to the crash – especially if the driver was a teenager.

The National Highway Traffic Safety Administration examined crash data from one recent year and found that 3,331 people died in distracted driving accidents. Nearly 400 of those deaths occurred in crashes in which at least one driver was using a cell phone. Among the drivers between ages 15 and 19, 21 percent were distracted by using their cell phones.

Frank M. Eidson, a car accident lawyer in Orlando, has experience with investigating auto accidents across Florida. He can determine if texting while driving caused your crash and help you to seek the compensation you deserve.

Contact Orlando distracted driving attorney, Frank M. Eidson, P.A., today and schedule a free consultation to learn more.

Texting While Driving Is Banned in Florida

If a car accident results in serious injury or death, a person may pursue a personal injury or wrongful death claim against the at-fault driver to recover compensation for medical bills, lost income, pain and suffering and other damages. The fact that the at-fault driver violated a law can support one’s right to a recovery.

In Florida, lawmakers passed a ban against texting while driving that took effect in October 2013. The ban applies to drivers of all ages. Although news reports indicate that the law has not been very effective – only about 1,500 citations were issued in the first year – the law clearly shows that our lawmakers considered texting to be a reckless activity.

Texting Causes Crashes

Even if you were injured or lost a family member in a crash before the Florida texting while driving ban was enacted, you could still prove a driver’s negligence caused your crash based on the driver’s texting.

The reality is that texting is one of the most distracting activities that a person can engage in when behind the wheel. As the NHTSA describes, texting takes a driver’s eyes, hands and mind off the road and operation of his or her vehicle.

A texting driver may:

• Fail to see a stop light or stop sign and drive through an intersection
• Swerve across lanes or cross a center line into another car’s path
• Suddenly speed up or slow down
• Strike a pedestrian, bicyclist or motorcyclist on or near the road
• Engage in other forms of dangerous driving.

A driver who has texted behind the wheel and caused a crash has clearly failed to fulfill a duty to others and should be held fully responsible for the harm caused.

Seeking Compensation from an Orlando Distraction Driving Attorney

A texting accident lawsuit requires proving that a driver’s texting directly caused or contributed to the crash.

Evidence could include cell phone records showing the time when a text was sent or read by the driver. If the driver texted multiple times just prior to the crash, it may indicate a complete disregard for others’ safety. The content of the messages may also help to establish liability.

A legal claim may seek to recover from not only the texting driver but also the driver’s employer if he or she was conducting company business at the time of the crash.

Keep in mind: Even if the at-fault driver was a teen, you should not be hesitant about taking legal action. A recovery would come from the driver’s insurance coverage – not the teen’s personal assets or the assets of the teen’s family.

Contact an Orlando Texting & Driving Accident Lawyer

Orlando car accident attorney, Frank M. Eidson, personally handles each client’s case. He will aggressively seek to establish liability in your texting accident case and hold all responsible parties accountable for their actions. To learn more about how he can help in your recovery, call Frank M. Eidson, P.A., today by phone or online.

Sources / More Information

• 316.305, Fla.Stat. (2013), Florida Senate
• Distracted Driving, National Highway Traffic Safety Administration
• Facts and Statistics, Distraction.gov
• Florida Texting and Driving Ban Reaches One Year, NBC 2 News