The Villages Texting While Driving Car Accident Lawyer
Advances in technology have brought significant benefits to society, saving time and effort when doing everything from keeping in touch with friends and family to making a restaurant reservation. Unfortunately, these same advances bring new dangers to society, like car accidents caused by people who are texting or reading texts while driving.
The distractions caused by cellphones and smartphones can lead directly to serious car wrecks. If you are involved in a collision caused by a driver looking at their phone instead of the road, a Villages texting while driving car accident lawyer could help you determine whether you have grounds for a civil claim. Call an experienced attorney today to get started.
Florida’s Ban on Texting While Driving
In 2017, the state of Florida enacted legislation in recognition of the danger cell phone usage while driving poses to other drivers. Florida Statutes §316.305 prohibits the operation of a motor vehicle while drafting or reading texts, with exceptions made for police, firefighters, and other emergency workers.
If an accident occurs where there is (a) suspicion of texting while driving which (b) results in either death or personal injury to the driver, the texting party’s billing records may be used as evidence in subsequent proceedings. However, it is important to note that the law in The Villages and elsewhere in Florida requires that another violation be present—such as traveling at excessive speed—before a driver can be pulled over for texting.
Limitations on Recovery
If someone is injured in a car accident involving texting, there are various considerations which a texting while driving car accident lawyer in the Villages could help explain, so they fully understand their rights to recovery. First and foremost, a suit for negligence must be brought within four years of the accident, according to Florida Statute §95.11.
In addition, The Villages adheres to a no-fault insurance plan like the rest of Florida, which requires an injured driver to first seek compensation from their own Personal Injury Protection (PIP) insurance policy before pursuing compensation from a third party. There are, however, exceptions to this rule codified into Florida law. For example, if the injury sustained is permanent.
Finally, Florida uses a pure comparative negligence approach to allocating damages, which means that any award obtained will be reduced by the injured party’s percentage of fault for their accident. In other words, an injured party whom the court finds to be 15 percent at fault for their accident would have their total possible damage award reduced by 15 percent.
Damages arising from a texting while driving wreck can be severe, but a Villages texting while driving car collision attorney may be able to assist in outlining the types of damages available. These can include compensation for pain and suffering, current and future lost wages, medical and rehabilitation costs, and repair or replacement costs for damage to a vehicle and to personal property inside the vehicle.
Call a Villages Texting While Driving Car Accident Lawyer Today
Driving can be challenging under the best of circumstances, particularly in a busy area such as The Villages. If you are hit and injured by someone who was distracted by texting, it may be important that you speak with someone who could assist in mapping out your right to recovery.
A Villages texting while driving car accident lawyer could provide you with the information you need to pursue recovery for your losses. Get in touch today to schedule a consultation and find out what compensation you may be entitled to.