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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.

Contact an Experienced Boca Raton Attorney

Cell phones are distracting, and drivers who pay more attention to their phones than the road can cause devastating collisions. If you sustained injuries in a cell phone car accident, you could be owed substantial damages and should meet with an attorney to discuss your rights. The experienced Boca Raton attorneys at The Grife Law Firm can gather the evidence needed to impose liability on careless drivers and prove the full scope of a victim’s damages. We have an office in Boca Raton, where you can reach us by calling 855-998-0770 or using our form online. We frequently represent people in lawsuits arising out of car accidents in Boca Raton, West Palm Beach, Miami, and Fort Lauderdale.

Client Reviews

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We are especially appreciative of your professionalism and your commitment to representing our best interests at a very stressful time in our lives. Your caring and compassion is very evident as is your sense of humor. It has amazed that, in a relatively short time, you have guided us from a point of greatest vulnerability to full and final resolution with maximum benefit. Carol & Harold
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I experienced a slip and fall. I began searching for an attorney and found Mr. Michael Grife. My first interview with Mr. Grife was very informative. He explained all of the legal avenue I could take. Mr. Grife exudes professionalism, integrity and the capability to assure his client(s) he will give 100% of his time and talent to win your case. I am truly thankful and bless to have worked with Mr. Grife and wish him a long and prosperous career. Fay
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Mike helped me through a long tedious case that most attorneys turned away. He got amazing result and I couldn't have asked for anything more. Mike did everything from making sure I got the correct medical attention to personally picking me up to come to his office for my deposition. I now not only have a great attorney in South Florida, but also a great friend. Tim
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Mike Grife represented me for my trip and fall case. He was incredible! Mike kept me up on things about my case and moved it very aggressively. He was very passionate about getting me what I deserve. I was very happy with the result and I would definitely recommend him! Nicole