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Texting and Driving Accidents

Helping Victims of Car Accidents Caused by Distracted Drivers and Texting Driving in Miami, Florida Recover Compensation for Their Losses

At Gerson & Schwartz, PA our lawyers are committed to seeking financial compensation for victims and their families resulting from texting and driving accidents in Miami and other areas of South Florida. Texting while driving any motor vehicle is particularly dangerous because it combines all three types of driver distraction. First, text messaging usually requires the use of the hands. In addition, most people look at their phones while they are texting. Finally, when a person is texting, he or she is presumably thinking about the conversation in which he or she is involved. Due to the rise in the number of distracted driving accidents in Miami, Florida and across the nation, many states have made texting and driving illegal and a serious violation of law.

Florida Texting and Driving Laws

Under Florida law, F.S. 316.305, the ban on use of texting on a wireless communication device is strictly prohibited while driving a motor vehicle. Florida law states that a person is prohibited from operating a motor vehicle while “manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of non-voice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.” Fla. Stat. 316.05(3)(a).

These important roadway safety laws were enacted in order to improve safety in order to prevent car crashes in Florida and were necessary to protect vehicle operators, passengers, bicyclists, and pedestrians. Because drivers who text are in violation under Florida law, negligence claims for accident victims and wrongful death due to vehicular accidents caused by texting drivers are entitled to recover money damages of their losses.

Financial compensation after an accident may include medical bills and expenses, lost income, loss of earning capacity, property damage, scarring, disfigurement, and pain and suffering. In addition, even if accident victims cannot prove that a driver was texting per se, evidence can be used to prove a negligence claim under Florida law because people who text and drive often engage in other types of negligent conduct that would make them legally responsible for a car crash. This includes speeding, running stop signs, and other forms of distracted driving such as weaving in and out of their lane.

More About Texting and Driving in Miami Florida

The National Highway Traffic Safety Administration reports that 2.2 percent of drivers text-messaged or visibly manipulated handheld devices during 2015. Despite state laws that restrict the way that drivers use their phones, drivers continue to text and engage in other dangerous activities while they are behind the wheel, sometimes with disastrous results.

Fortunately for people injured by distracted drivers, Florida law allows texting and driving accident victims to recover money damages for their losses. To learn more about your legal rights after an auto, car, or motor vehicle accident and whether you can file a legal claim after an accident call Gerson & Schwartz, P.A to discuss your case with a Miami car accident attorney.

Texting and Driving is Extremely Dangerous

According to the Centers for Disease Control and Prevention, there are three types of driver distraction, which are:

  • Cognitive – Cognitive distractions occur when a person thinks about something other than driving.

  • Manual – Anything that requires a driver to take his or her hands off the wheel constitutes a manual distraction.

  • Visual – Visual distractions involve a driver looking away from the road ahead.

Can You Recover Compensation After a Car, Auto, or Motor vehicle Accident Involving a Distracted Driver?

People who are injured by the negligence of others are entitled to financial compensation for their losses. Under Florida law, while violating a traffic statute does not make a person negligent as a matter of law, it can be considered as evidence of negligence. In some cases, texting and driving may be grounds for gross negligence or reckless disregard for the life and safety of others. This may be ground for a claim for punitive damages.

Call a Miami Texting and Driving Accident Attorney Today for a Free Consultation

If you or a loved one has sustained a serious or catastrophic injury caused by a driver who was texting or otherwise distracted, you should contact a personal injury attorney that specializes in texting and driving car accidents as soon as possible. To schedule a free consultation with a texting and driving lawyer in Miami, Florida call Gerson & Schwartz, P.A. today at (305) 371-6000 or toll free at (877) 475-2905. You can also email us directly by contacting us online.

Client Reviews

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A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User