Attorneys Representing Florida Car Accident Victims
Texting while driving is a dangerous combination on our roads. At Holliday Karatinos Law Firm, PLLC, our car crash attorneys have helped Spring Hill clients who were injured in texting while driving accidents. We are experienced personal injury attorneys with more than five decades of combined legal practice. Our firm has handled numerous car wreck cases, including crashes caused by a driver who was texting behind the wheel. We can provide the legal counseling and effective advocacy you need to pursue a claim against a negligent driver. Contact us if you were hurt in a car crash.
Crashes Caused by Texting While Driving
A person who operates a motor vehicle and texts while driving threatens the safety of other motorists, pedestrians, and bicyclists. Any form of distracted driving poses a risk to others, but texting while driving is particularly alarming because it requires a driver’s visual, manual, and cognitive attention. A 2013 study by the National Highway Traffic Safety Administration found that drivers take their eyes off the road an average of 4.6 seconds within a 6-second interval while texting. This is the equivalent of traveling the length of a football field without looking at the road. The number of crashes caused by texting while driving in 2012 was over 281,000 crashes in the U.S., according to estimates from the National Safety Council.
Many states have laws against texting while driving, including Florida. The state banned texting while driving in 2013, but it is a secondary traffic offense. This means that a driver may only be cited for a texting while driving violation if a traffic officer first detains the driver for another suspected traffic infraction.
Liability in a Texting While Driving Accident
A driver may be liable for injuries caused by a texting while driving accident. If you are injured in a crash, you can hold a negligent driver liable by filing a Florida personal injury claim. If texting while driving caused the crash, you may hold the driver accountable for your injuries.
Personal injury claims in Florida are generally based on negligence. Negligence requires that a plaintiff prove the following elements to hold a defendant accountable for injuries:
- The defendant had a duty to act as a reasonable driver would under the circumstances;
- The defendant breached this duty of care; and
- The breach caused the plaintiff’s injuries and damages.
If a driver breaks the texting-while-driving law, there is a rebuttable presumption that the driver was negligent as a matter of law. This is called negligence per se. Florida banned texting while driving to prevent crashes and reduce injuries, deaths, and property damage caused by texting drivers. A driver may be liable under negligence per se if the plaintiff can demonstrate that the defendant broke a law meant to protect persons like the plaintiff from the harm caused by the defendant’s actions. A driver’s billing records are admissible as evidence if he or she is convicted of a texting while driving violation and causes an injurious accident.
Obtaining Damages and Compensation
You may recover damages if you establish the driver’s liability in a texting while driving accident. You can potentially obtain compensation for your hospital and medical bills, lost wages, loss of earning capacity, and more. If you have a relative who died in a fatal crash caused by a texting driver, you can initiate an action for wrongful death. You may recover for your relative’s medical and burial expenses, and other damages based on your relationship to the victim. You must file a personal injury claim within four years from the date of the crash, or two years if you are filing a wrongful death suit, in order to assert your rights.
Standing Up for Your Right to Compensation
The North Tampa auto accident attorneys at Holliday Karatinos Law Firm, PLLC are prepared to stand up for your right to compensation for your car accident injuries. Our lawyers can help you file a claim against the party that caused your injuries in a texting while driving accident. Our firm has represented numerous individuals and families in car crash lawsuits throughout Florida. We can review the facts of your case, thoroughly investigate the accident, and vigorously represent you in settlement negotiations or at trial. We offer personalized legal representation to individuals in New Tampa, Brooksville, Lutz, and other nearby areas. Call us or reach us via our online form to arrange a consultation with us at no cost.