Driving while distracted can result in car accidents that leave drivers and passengers seriously injured and with extensive property damage. Texting and driving is not only dangerous, but also it is also against the law in Florida and many other states nationwide. When you are injured in a texting while driving accident in Melbourne, our talented team of attorneys can help you hold the at-fault parties responsible for your losses. Reach out to Norden Leacox Accident & Injury Law today to begin reviewing the details of your incident.

Cellphone Traffic Laws

Under Florida State law, motorists are not permitted to text and drive or manually use their phones to check or send emails or other text communication methods. However, they can still talk on the phone while driving, as long as they are not in a construction or school zone. This means that a Melbourne driver who is found to have been texting during the moments that led to an auto collision could be held responsible for the resulting injuries and damages.

Additionally, because Florida is a pure comparative fault jurisdiction, the court will evaluate and assign a portion of fault to every person involved in the accident. If the injured party was texting at the time of their collision, they could be held partially responsible for their own injuries, even if they did not directly cause the event. The jury could argue that because they were distracted, they failed to take the necessary steps to avoid or prevent the accident. This could lead to the injured person having their settlement award dramatically reduced or potentially bar them from recovery.

Establishing Liability for a Texting While Driving Accident

Our team is highly trained in collecting and preserving evidence to establish fault for motor vehicle collisions. In many instances, police reports can be of vital use. We can also obtain any available video surveillance, including personal dash cams, stoplight footage, and video from nearby businesses. For Melbourne wrecks that involve texting and driving, our firm can send out a subpoena for the defendant’s cell phone records. What we want to find out is:

  • Was that cell phone in use at the time of the crash?
  • Were they on a phone call?
  • Were there text messages going back and forth?
  • Was data being used?

We want to know exactly what was going on with that cell phone at the time of the crash to paint a clearer picture of what caused the wreck and who should be held primarily responsible.

Potential Damages

When a defendant is found liable for causing an auto collision that results in another motorist’s injuries, the injured party has a right to a monetary award that will cover their crash-related expenses and return them to the financial state they were in prior to the event. This compensation is also known as economic damages. Some examples include all present and future-related medical bills, treatments, surgeries, and prescriptions, and lost wages from missing time at work. The injured person can also recover non-economic damages, which refers to compensation for losses that do not have a designated financial amount, such as pain and suffering, emotional trauma, disfigurement, and loss of enjoyment of life.

Enlist the Help of Our Attorneys After a Melbourne Texting While Driving Accident

Being involved in an auto accident due to someone else’s negligence can be stressful and frustrating. Let us help you pursue what you need to make your recovery easier. Our team is not afraid to fight on your behalf, and you will not owe us anything unless we successfully negotiate a settlement. Reach out to our team of experienced lawyers at Norden Leacox Accident & Injury Law today for a free consultation.

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