Distracted Driving And Your Legal Rights
Corbin Sutter
Accident Lawyers
Few things are as ingrained in the nation’s psyche as our vehicles. In fact, the only thing that has recently become more important to many is their phones. But when you combine the two together, you get a dangerous outcome that can put many lives at risk. A Huge Risk
Distracted driving is a very real problem – so real that the Florida government has been working to create a bill to ban texting and driving or using a phone while driving outright. The most recent texting and driving bill was stalled due to fear of racial profiling, but legislators are still working on additional measures.
Currently in Florida, texting and driving is illegal but can’t be the primary reason a driver is pulled over. It has done little to curb the problem – 44% of drivers in the state have at least one incident involving distracted driving. And studies have found that distracted driving and especially things like texting or social media use while driving are just as deadly and dangerous as drunk driving.
Your Rights
So what are your rights if you’re involved in an accident that was caused by someone who was texting while driving or otherwise distracted? You may have more rights than you realize. Under Florida law, those who are hurt in an accident of any kind that was caused by the reckless or negligent actions of someone else do have the right to seek financial compensation. To do so, you’ll need to file an auto accident personal injury lawsuit.
To do so, the key is proving fault. The law requires that you show that the other party acted in a manner that was reckless or negligent and that those actions directly caused the injuries you sustained. This can include a wide range of things including drunk driving or speeding, but one of the biggest examples of negligence is the use of a smart phone while driving.
If you can prove that the other party was using a smart phone, you’ll have the right to compensation through a lawsuit. Generally, letting an attorney help you with this is the best option since their expertise ensures a better outcome. There are only a few ways to show that cell phones were the cause of the accident including:
• Pulling mobile phone records and black box data from the vehicles and matching the times
• Using witness statements or police accident reports
• Looking at past driving histories
The average driver isn’t able to do most of these things, but an attorney will have the connections and experience needed to get the job done. When the other side is at fault, they may also try to use various steps to avoid payment. It’s important that you have someone on your side who will stand up and fight for you.
Get What You’re Owed
Even creating new laws isn’t likely to stop the rise of distracted driving. Americans are so linked to their phones and devices that they just can’t seem to put them down, even when they know the risks. Because of this it’s vital that you protect your rights. Talking to a personal injury lawyer is the most important thing you can do, and something that will help you regain your financial stability after an accident.