What If the At-Fault Driver Was Texting During a Florida Car Crash?
Texting while driving is one of the most dangerous forms of distracted driving. In Florida, it is also illegal. If you were injured in a car crash and believe the at-fault driver was texting at the time of the accident, you may be entitled to compensation. But how does texting impact fault, and what legal options are available to you?
At High Stack Law, our dedicated Florida car accident lawyers are ready to help. We know the dangers of texting and driving, and the injuries caused by irresponsible drivers. Let us help you seek the financial compensation you deserve after a texting-related accident.
Texting While Driving Is a Primary Offense in Florida
Under Florida law, texting while driving is a primary traffic offense, which means law enforcement can stop and cite a driver solely for texting behind the wheel. This law is part of Florida’s broader effort to reduce distracted driving accidents, which continue to cause thousands of injuries and fatalities each year.
Texting is especially dangerous because it combines three types of distraction:
- Visual: Taking your eyes off the road
- Manual: Taking your hands off the wheel
- Cognitive: Taking your mind off driving
According to the National Highway Traffic Safety Administration, sending or reading a text takes your eyes off the road for about five seconds. This is enough time to travel the length of a football field at 55 mph.
Establishing Fault in a Texting-While-Driving Accident
If the other driver was texting at the time of the crash, that behavior may serve as strong evidence of negligence. In Florida, drivers have a legal duty to operate their vehicles safely. Texting while driving breaches that duty and can directly lead to liability for any resulting injuries or damages.
To prove the at-fault driver was texting, your attorney may use:
- Cell phone records (obtained via subpoena)
- Eyewitness testimony
- Surveillance or dash cam footage
- Police reports
- Accident scene evidence, such as lack of braking or erratic driving
These forms of evidence can help demonstrate that the driver was distracted and failed to take reasonable care, which is essential in a personal injury claim.
What Damages Can You Recover?
If you were injured in a crash caused by a texting driver, you may be eligible to recover both economic and non-economic damages, including:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
In some cases, you may also be able to pursue punitive damages.
Can You Sue for Punitive Damages?
Yes, under certain circumstances. Florida law allows punitive damages when the at-fault party’s behavior constitutes gross negligence or intentional misconduct. Texting while driving may rise to this level if the driver’s actions showed a reckless disregard for the safety of others.
What to Do After a Crash Involving a Texting Driver
If you suspect the other driver was texting, take the following steps:
- Call 911 and report the accident.
- Document the scene with photos and videos.
- Get contact information from witnesses.
- Seek medical attention, even if injuries seem minor.
- Consult a personal injury attorney to evaluate your case.
An attorney can help gather evidence, negotiate with insurance companies, and build a strong claim on your behalf.
Texting Can Strengthen Your Case Against the At-Fault Driver
If the driver who caused your Florida car crash was texting, that fact could significantly strengthen your personal injury claim. With the right legal support, you may be able to recover full compensation for your injuries.Consult a Florida car accident attorney at High Stack Law for help after a serious injury. Contact us today for a consultation of your case.