Miami Lakes Texting While Driving Lawyer

For a motorist, cyclist, or pedestrian, getting into a car accident can lead to lasting injuries, financial losses, property damage, and a myriad of accompanying inconveniences. If the crash was caused by a distracted driver, like a person texting or reading a text while driving, it can be all the more aggravating. With the increased use of smartphones and texting, distracted driving has become a serious problem in the United States. According to the U.S. Government website for distracted driving, in 2014, car crashes that involved distracted drivers resulted in 3,179 fatalities and 431,000 injuries.

If you are someone who has suffered injury or damages because of a car crash caused by a driver who was typing on a cell phone, a Miami Lakes texting while driving lawyer can defend your case to help you receive the compensation you deserve.

Texting While Driving Laws

In Florida, there is a law that bans texting while driving, which is explained in the state’s Code of Law F.S. 316.305. The Code prohibits the use of a handheld device for texting, emailing, and any form of instant messaging while operating a motor vehicle. However, unlike other states, in Florida the ban on texting while driving is still considered a secondary offense, meaning that police cannot pull a driver over for using a handheld device but can charge them with a moving violation if they are caught texting when they have violated another traffic law like speeding or illegal passing.

Texting while driving may warrant additional fines, which increase if it is a repeat offense within a five-year period. These fines may also increase if the driver is caught texting in a school zone or if the driver caused a car accident due to distracted driving. An experienced Miami Lakes texting while driving attorney can assist an individual in minimizing any penalties they may be facing.

Pressing Charges

Texting while driving can be even more dangerous than driving while under the influence of alcohol. Research shows that a driver who is texting will take his or her eyes off the road for five full seconds, which, at a speed of 55mph, is enough to cover the distance of a football field. A driver, motorcyclist, pedestrian, or bicyclist in Miami could easily be within that range as the distracted driver is unable to mitigate the impact of their vehicle while texting, leading to serious injuries and sometimes wrongful death.

While Florida is a no-fault car insurance state, which means there is up to $10,000 coverage in an accident, a serious injury that requires an emergency room visit can easily pass that limit. Once it is clear that the injuries sustained in a car collision are severe, the victim may be able to build a case and press charges against the driver who was texting behind the wheel. A Miami Lakes texting while driving attorney can best help to defend any individual accused of such a charge.

The victim may have to establish that the driver who caused the crash breached their duty of driving safely on the roadway and that the accident that resulted from their distracted driving is a direct cause of the injuries and damages suffered. If these are established, the victim may sue to get reparations for medical bills, wage loss, property damage, and pain and suffering. Having a Miami Lakes texting while driving lawyer can make building a case a much more strategic and pain-free, which could lead to a better settlement for the victim.

Benefits of an Attorney

It is a frustrating and upsetting experience to be in a car crash that is the direct result of the carelessness of a person texting while driving. Pain from resulting injuries, time lost at work, and property damage can make the aftermath of an accident a difficult time for the victim and his or her family. Drivers who are distracted behind the wheel put everyone on the road, including themselves, in danger and should be held accountable for their actions.

If you were involved in an accident with a distracted driver, be sure to hire a Miami Lakes texting while driving lawyer immediately. An attorney can help you get the compensation your car accident case warrants.