Texting & Driving: Can You Sue for Causing an Accident?

Car accidents in the United States continue to be a concerning issue, with many of these incidents resulting from distracted driving. Distracted driving includes any activity that diverts a driver’s attention from the primary task of operating the vehicle. 

Statistics of Texting and Driving in Florida

According to the Florida Department of Highway Safety and Motor Vehicles, in recent years, thousands of crashes have been attributed to distracted driving. In a single year, there were over 52,000 distracted driving crashes in the state, resulting in numerous injuries and fatalities.

A recent analysis conducted by the Sun Sentinel has shown a staggering increase in collisions caused by texting and driving. Between the years 2013 and 2016, out of 3 million crashes, incidents attributed to distracted driving like texting rose by 26%. In comparison, the overall number of accidents only increased by 11% during the same period.

How Many People Die from Texting and Driving?

According to the National Highway Safety Transportation Administration (NHTSA), distracted driving accidents claimed the lives of over 3,500 people across the country in 2021.

Tragically, texting and driving has claimed many lives in Florida. In a recent year, more than 200 people lost their lives in accidents caused by distracted driving, which includes texting while driving. These statistics highlight the severity of the issue and emphasize the need for strict measures to combat this dangerous behavior.

Dangers of Texting and Driving

Texting and driving poses significant dangers to both the driver and others on the road. These dangers include:

  • Lack of Situational Awareness: Texting drivers may miss critical information about the surrounding traffic environment. Texting can impair a driver’s ability to judge distances accurately, leading to difficulty in making safe maneuvers, such as changing lanes or merging.
  • Distracted Attention: Texting diverts the driver’s attention away from the road, traffic signals, pedestrians, and other vehicles, leading to delayed reactions and poor decision-making. They also may not notice pedestrians or cyclists crossing the road, putting vulnerable road users at significant risk.
  • Reduced Reaction Time: Texting requires manual and cognitive attention, causing drivers to react more slowly to sudden changes in traffic or road conditions.
  • Compromised Judgment: Texting while driving can impair a driver’s ability to assess risks and make safe decisions while on the road.
  • Lane Drift and Swerving: Texting drivers often unintentionally drift into adjacent lanes or swerve within their lane, posing a danger to themselves and other road users.
  • Failure to Observe Traffic Signals: Texting drivers may fail to notice traffic lights, stop signs, and other important road signs, leading to serious accidents at intersections.
  • Inability to Maintain Speed: Texting while driving can cause drivers to fluctuate in speed, disrupting the flow of traffic and increasing the risk of rear-end collisions. Texting drivers are also more likely to follow too closely to the vehicle in front, resulting in rear-end collisions if the lead vehicle suddenly stops.
  • Rollover Accidents: Texting while driving can cause sudden and sharp turns, increasing the likelihood of rollover accidents, particularly in larger vehicles like SUVs and trucks.

Is Texting and Driving Illegal in Florida?

Yes, texting while driving is illegal in Florida. To curb distracted driving and improve road safety, Florida passed a law prohibiting drivers from texting while operating a vehicle. 

The Florida Ban on Texting While Driving Law, outlined in Section 316.305 of the Florida Statutes, prohibits the following actions while operating a motor vehicle:

  • Manually typing or entering letters, numbers, symbols, or other characters into a wireless communications device.
  • Sending or reading data in such a device for non-voice interpersonal communication, including activities such as texting, emailing, and instant messaging.

Violation of this law can result in fines and points on the driver’s license.

What is Negligence Per Se in Florida?

Negligence per se is a legal concept that comes into play when a person violates a law or regulation that is intended to protect the public from harm. If a driver causes an accident while texting, they may be considered negligent per se because they have violated the law that prohibits texting while driving. This can significantly strengthen your case if you have been injured in an accident caused by a texting driver.

To establish negligence per se, you and your attorney must demonstrate the following:

  • The other party violated a specific law.
  • The purpose of that law was to safeguard people from harm.
  • You sustained an injury that the law was designed to protect against.
  • The other party’s violation of the law directly caused your injury.

Can You Sue Someone for Texting While Driving and Causing an Accident?

Yes, you can sue someone for texting while driving and causing an accident in Florida. If you have been injured in a car accident due to another driver’s negligent behavior, such as texting while driving, you have the right to pursue compensation for your injuries and losses. By filing a personal injury claim, you can seek damages for medical expenses, lost wages, pain and suffering, and other losses resulting from the accident.

Seek Justice for Texting While Driving Accidents

At Robinson & Casey, we understand the emotional and physical toll that a car accident can take on your life. Dealing with injuries, medical bills, and other consequences can be overwhelming, especially when the accident was caused by someone else’s negligence. If you or a loved one has been injured in an accident caused by texting in Florida, we are here to help you navigate the legal process and fight for the compensation you deserve.

Don’t hesitate to seek legal guidance. Call us today for a free consultation to discuss the details of your case. Our experienced personal injury lawyers are ready to stand by your side and fight for your rights. Let us be your advocates and pursue justice on your behalf. Together, we can make a difference and hold negligent drivers accountable for their actions.

2024-09-23T19:20:03+00:00August 15th, 2023|Blogs|

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