Texting While Driving Accidents in Orlando

Despite laws against it, one of the most common causes of collisions today is the use of a cell phone while driving. Texting while driving accidents in Orlando are unfortunately common and people can get seriously hurt when a driver disobeys this important rule. If you sustained injuries due to dangerous behavior by another driver, you have the right to file for financial compensation. The Umansky Law Firm Criminal Defense & Injury Attorneys has experienced car accident attorneys available to work with you in this effort.

Local Rules About Texting While Driving

A person has an obligation as a driver to be prudent and to pay attention where they are going and what is in front of them. Oftentimes, a civil suit stemming from a crash comes down to whether or not someone was texting, emailing, or doing something else on their phone while in the driver’s seat. Texting while driving is banned in Orlando because it often causes accidents, although many people continue to do it. In Florida, motorists are allowed to look to their phone for navigation, but that, too, can be held against them if it results in an accident. A person cannot hold their phone in their hand while driving in a school zone or construction work zone.

Plaintiff’s Use of a Cell Phone

Florida is in a comparative fault jurisdiction. If someone is involved in a T-bone collision and they were utilizing their cell phone at the time, the insurance company is often going to utilize that fact to apportion a percentage of fault on the plaintiff. It is certainly not going to rise to the level of punitive damages but it is going to go towards a culpability.

If the plaintiff is on their phone while sitting at a red light, it is not going to have any impact. If there was a T-bone collision where both parties are on their cell phone at the time of the subject incident, a jury will apportion fault based on the choices the drivers made and what rules they disobeyed.

Evidence of Cell Phone Usage

Unless there is photo or video evidence that shows what happened, it can be difficult to prove that a driver was on the phone at the time of the crash. In litigation, it is common practice to subpoena cell phone providers for the phone data in order to know for sure if it led to a car accident.

There is also existing case law that dictates the level of documentation that you can obtain. People have a right to privacy, so a lawyer cannot request anything and everything. The contents of those text messages are wholly irrelevant and not part of the consideration. However, the fact that a text message was sent at the exact moment of collision is going to be relevant and discoverable. If the defendant’s team realizes their client has exposure here, they may be more willing to agree to a settlement.

Call an Orlando Attorney if You Were Injured from a Driving Who Was on Their Phone

When a person texts or talks on their phone behind the wheel, they put themselves and others at risk. If that decision leaves you in a financial hole, you should not have to pay the cost. Call a lawyer after a texting while driving accident in Orlando and begin the process of filing a claim.

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