Practice Areas Car Accidents Cell Phone Car Accidents

Boca Raton Lawyers Helping Motor Vehicle Collision Victims

Most people in Florida own cell phones and rarely leave home without them. Cell phones have altered many aspects of peoples’ lives, but not all of the changes are positive. For example, cell phone use is one of the primary causes of collisions, and many people involved in crashes caused by distracted drivers suffer catastrophic harm. People injured in accidents caused by reckless phone use are not without recourse, though, and can often recover compensation in a civil lawsuit. If you were hurt in a cell phone car accident, the Boca Raton car accident lawyers at The Grife Law Firm can advise you on your rights and help you assert claims against the driver responsible for your harm.

Cell Phone Use in Vehicles in Florida

The danger associated with using cell phones while driving is well established. As a result, the Florida legislature has enacted what is commonly known as the Florida Ban on Texting While Driving Law. Specifically, Florida Statute 316.305 prohibits drivers from texting, emailing, or otherwise sending or receiving data on electronic devices while driving. While the law does not expressly prohibit motorists from talking on cell phones while driving in general, Florida Statute 316.306 prohibits drivers from holding and using cell phones while traveling through school zones and work zones. Under sections 316.305 and 316.306, the cell phone records of a driver involved in a collision that caused injuries or death can be used as evidence to evaluate whether the driver violated the law.

Pursuing Damages Following a Cell Phone Car Accident

The legislature drafted Florida Statutes 316.305 and 316.306 to protect motorists, pedestrians, and vehicle passengers from preventable accidents caused by cell phone use. Drivers who cause accidents while violating these laws may face traffic citations, and they may also be held civilly liable. Usually, a person hurt in a collision will assert that a driver involved in the accident should be deemed responsible, based on a theory of negligence.

In Florida, recovering damages based on negligence requires a plaintiff to show that the defendant owed a duty to the plaintiff but failed to fulfill the obligation. The plaintiff must also show that the defendant’s breach led to the plaintiff’s injuries and that the plaintiff suffered quantifiable harm. In other words, the plaintiff must establish that the defendant’s inappropriate cell phone usage was the actual cause of the accident.

While a violation of Florida Statute 316.305 or 316.306 will not mean that the defendant will be deemed negligent as a matter of law, if a plaintiff is trying to prove that a crash was caused by cell phone use, they can introduce such information as evidence of the defendant’s negligence. Such evidence may include cell phone records, police reports, and eyewitness statements.

A plaintiff who successfully demonstrates that a defendant caused a collision may be awarded damages, such as the cost of any past and future medical treatment and out-of-pocket expenses. A plaintiff who could not work following a crash may also be able to recover lost wages. In many instances, plaintiffs are also awarded substantial compensation for the pain, mental trauma, and suffering caused by an accident.