Florida Injury Blog

Senate Passes Texting and Driving Law

The Perazzo Law Firm 

Florida:  Texting & Driving is one of the leading causes of car accidents today, with thousands of accidents taking place everyday on Florida avenues, streets and highways. The Governor of Florida has recently signed a bill that will allow the authorities to stop motorists spotted texting & driving while behind the wheel and in motion. Nevertheless, drivers will be able to use their mobile device while their car, SUV, or truck are not in movement. Even though texting & driving has been illegal for many years now, cops have done little since they aren’t allowed to pull drivers over even if spotted texting & driving. In fact, there were only 1700 citations throughout 2018 to those caught texting & driving. Though the bill focuses on reducing the number of accidents caused as a result of distracted motorists using their cell phone to send & read text messages, it also aims to educate motorists on the grave consequences that come from texting & driving accidents in Miami & other cities where texting & driving accidents are more common. Motorists will not be allowed to text & drive but they will be allowed to use the cell phones to talk, use GPS services, check weather forecasts, and read emergency messages. As of January 1st, 2020, motorists caught with their fingers on the keypad will be issued tickets of $30 plus court fees. Repeat offenders will lose points & their licenses.

Miami motorists have an incredibly hard time putting down their cellphones while driving. Motorists distracted by texting, voice messaging, talking and using GPS services also seem to add to the potentials of suffering an accident that may result in bodily injury to pedestrians, joggers, bike riders, etc. Florida ranks 2nd in the USA when it comes to accidents resulting from negligent use of cellphones behind the wheel, and despite cellphone use being worthy of a moving violation, it is not. Nevertheless, negligent cell-phone-use related accidents are on the rise on Miami streets and highways, with many of them leading to serious personal injury and even wrongful death. Using a cell phone behind the wheel can distract a driver enough to run over a pedestrian or rear-end a stopped vehicle. Though the driver may not suffer any injury, the victim may require medical attention, which can lead to medical costs and an insurance claim for compensation. The Perazzo Law Firm is vastly experienced in representing those that have fallen victim to motorist negligence as a result of cellphone use while driving in Miami. We strive to make sure our car accident victims and clients get the compensation they deserve for their injuries, damages, or losses.

Perazzo Law Shares Best Advice on Handling Negligent Cell-Phone-Use Accidents.

Florida law states that the vehicle be moved off the roadway or the street if possible, with the engine off and Perazzo Law suggests that accident victims and passengers do the following:

  • Take photos of the crash scene and the vehicles involved to show the severity of the impact and to determine how the accident occurred, because once the cars are moved, it may be difficult to prove how the incident actually happened.
  • When safe to do so, the accident victim or victims should contact the authorities to report the incident and/or paramedics if there are injured parties involved in the car accident. If you or a passenger have suffered severe personal injury, a visit to the hospital emergency unit is highly recommended.
  • Gather eye-witness testimony and gather their contact information in the event an accident claim for compensation is present on behalf of the car accident victim of negligent cell-phone use in Miami.
  • Keep all records of any treatment received by medical healthcare practitioners in any Miami hospitals or local clinics. Medical reports depicting any injuries sustained should be kept and recorded in the event a compensation claim for injuries is presented to the corresponding insurance providers.
  • Follow-up on any medical care if prescribed and contact the Perazzo Law Firm immediately to determine whether or not there are grounds for a legal claim for compensation to cover the accident victim’s personal injuries, property damages, or losses.
  • The Perazzo Law Firm car accident staff also recommends motorists to purchase and install a dash-camera in the vehicle to help prove car accident liability and fault in the event of a future accident.

Most often, the driver of the vehicle that causes a car crash will deny having been using their cellphone at the time of the accident. Unfortunately for them, and given our vast experience handling cases of car accidents involving motorists distracted by cell phone use, there are a number of ways the Perazzo Law firm personal injury staff of attorneys can prove otherwise. In the event that one of our Personal Injury clients takes their case to trial, our attorneys may subpoena the cellphone carrier to provide phone records at the time of the accident in order to build a case to prove whether or not the motorist that caused the accident is indeed liable as a result of negligent use of the cell phone while operating a motor vehicle. Depending on the severity of the injuries involved as a result of the accident, the police authorities may take possession of the phone as evidence, especially in cases that involve a fatality such as negligent manslaughter or vehicular homicide. It’s important to point-out that modern cellphones not only store recent activity, but can also record practically everything the motorist that caused the accident was doing at the time of the accident, from the speed the vehicle was doing, to the lane in which it was driving and even the music the driver was listening to, all of which can be used to recreate the accident to be used in our client’s favor. If deemed necessary and according to the severity of the personal injury involved, our attorneys can present a Spoliation Letter, which requires the negligent party to preserve the phone and its contents for use in the trial proceedings. Failure to do so may have a negative impact on the negligent party’s case and sway the court to rule in favor of the accident victim. In all car accidents cases, whether as a result of negligent use of a cellphone while driving or any other factors, the Perazzo Law Firm car accident attorneys and staff are committed and skilled on how to obtain the most favorable results for our personal injury clients.

If you, a family member or loved one has suffered personal injury, property damage or loss from an accident resulting from the negligence of a motorist who was using a cellphone while operating a motor vehicle, the Perazzo Law Firm urges you to contact us ONLINE or Call (786) LAWS-411 for a FREE initial consultation.

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