Texting and Driving - Distracted Driving - Accident Lawyer

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

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Texting and driving is quickly becoming a serious problem on Florida’s roads. Despite laws restricting phone use behind the wheel, drivers nonetheless insist on texting and driving. That often leads to catastrophic consequences. In 2016, there were about 50,000 car accidents involving distracted drivers in the state of Florida alone. Although distracted driving encompasses a large number of acts, including eating while driving, texting is frequently one of the most prevalent forms of driver distraction in Florida. If a distracted driver crashed into you and caused injuries, contact the offices of Freedland Harwin Valori Gander, PL to explore your case options, and the potential settlement you may be able to secure.

How to Prove Texting and Driving

After any accident, it’s important to gather as much information about the crash as possible. If possible, remain on the scene and collect as much information as possible, such as where the crash occurred, which direction both vehicles were traveling, the speed of both cars, the other driver’s name and license plate number, insurance company information, police report numbers, photographs of the crash scene and injuries, and the names of any eyewitnesses. Within this information could be evidence of the driver’s distraction – especially if his or her phone played a role.

It is possible to access the other driver’s phone records to find proof of texting and driving at the time of a crash. You need a team of investigators to handle this process for you. Thus, it is vital to contact an experienced attorney promptly when you suspect cell-phone related driver distraction. Our lawyers can take care of preservation of vital evidence, so the defendant or other parties do not destroy the records. We can use cell phone records, eyewitness accounts, data from the accident scene, and camera surveillance footage to help prove the other driver’s negligence.

Once we identify evidence of negligence (in the form of texting while driving or some other type of distracted driving), we can help you, the victim, pursue maximum compensation through an insurance claim or a personal injury lawsuit. Most car accident claims settle successfully without going to court. Sometimes it is in a victim’s best interest to go before a judge and jury to secure just and fair compensation. Our very experienced trial lawyers have what it takes to go to court on your behalf if that is what it takes to secure the recovery you deserve.

Protect Your Rights as a Car Accident Victim

Florida is one of the only states where texting and driving is a secondary offense. This means police cannot make a traffic stop or charge only on the grounds of cell phone use behind the wheel. Police must have an unrelated, justified reason to stop the driver in order to issue a citation for cell phone use. The nature of Florida’s cell phone laws can make it difficult to bring a negligence per se claim – a claim wherein you do not have to prove negligence beyond breaking the law. Still, with the proper representation, it is possible to secure a settlement from a distracted driving car accident claim.

The best thing you can do for yourself and your family is to retain an attorney to represent you after a crash with a driver who had been texting or otherwise distracted by a cell phone. Get in touch with some of Florida’s most trusted car accident attorneys – contact Freedland Harwin Valori Gander, PL

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