Florida has joined almost every other state in making reading, writing, or sending text messages illegal while operating a moving motor vehicle. It has also followed the lead of many other states in making texting while driving a “primary offense” that police officers can pull someone over for even if they have not committed any other traffic violation. While these laws help reduce the risk of texting while driving car accidents in Wesley Chapel, they have not stopped these incidents from occurring altogether.
If you were seriously injured in a wreck caused by a texting driver, you likely have grounds to file suit against that irresponsible person and demand compensation for every form of harm their unlawful actions caused. Guidance from an experienced Wesley Chapel accident attorney at Distasio Law Firm could be key to proceeding through your claim efficiently and maximizing the restitution you receive.
Texting While Driving as Grounds for a Civil Lawsuit
Under Florida state law, it is unlawful for anyone to manually type or enter multiple letters, symbols, or numbers into a “wireless communications device” while operating a motor vehicle. Additionally, it is against the law for anyone driving inside a designated school zone or work zone to use a handheld wireless communications device for any reason while their vehicle is in motion.
Anyone who violates either of these laws has “breached” the duty of care that all drivers in Florida must obey to act responsibly behind the wheel at all times. When a “breach of duty” causes an accident leading to someone’s physical injury, the person who breached their duty is legally “negligent” and may be held financially liable for all damages sustained by the injured person. This is the legal basis for most litigation over texting while driving car crashes in Wesley Chapel.
Recovering for All Available Damages
Even if you can prove that the person who caused your traffic accident was texting while driving, you may not be able to file suit against them thanks to the “no-fault” system that Florida courts follow for car accident claims. Under this system, people injured in auto wrecks of any kind typically have to seek restitution through their own car insurance before trying to recover in any other way, and they may not have the right to file suit even after that if their injuries are not serious enough.
However, if a texting while driving car accident in Wesley Chapel has left you with a “serious injury” expected to cause permanent and debilitating harm, you may be able to go around the no-fault system and demand compensation through a civil lawsuit for damages like:
- Physical pain and suffering
- Lost work income or working ability
- Emotional anguish and psychological distress
- Lost enjoyment of life, including lost consortium
- Long-term medical bills and property damage not covered by insurance
During an initial meeting, a car crash attorney like Scott Distasio could go into further detail about what legal avenues might be possible in your unique situation.
Contact a Wesley Chapel Attorney for Help with a Texting While Driving Car Accident Claim
Anyone who focuses on their phone instead of the road while driving puts themselves and everyone around them at risk of catastrophic harm. When someone acting irresponsibly in this way causes an accident that leaves you seriously hurt, they should pay for all your ensuing losses.
Claims for texting while driving car accidents in Wesley Chapel are much easier to handle with help from knowledgeable and experienced legal counsel. Call today to learn how a capable car accident lawyer from Distasio Law Firm could assist you.
