Texting while driving has become a significant danger in recent years due to an increase in people using mobile phones in Bradenton. This is also known as distracted driving, and it increases the risk of causing a car accident by up to 10 times.
The Florida Department of Highway Safety and Motor Vehicles (FHSMV) reported that there were approximately 50,000 car accidents as a result of distracted driving, which led to 3,500 injuries and 233 deaths in 2016 alone. If you were injured in a car accident due to another person driving distracted, then you could be entitled to compensation for your injuries and other related losses.
At The Law Place, we have over seventy-five years of collective experience in helping clients who have been involved in distracted driving accidents in Bradenton and across the State of Florida. Hiring a personal injury lawyer will give you the highest chance of recovering the compensation that you deserve for all of your injuries, pain and suffering, property damage, lost wages, and other damages. Call our office to speak to one of our personal injury lawyers who can offer you advice on the smartest move to make following your distracted driving accident.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today, and a personal injury lawyer will win the compensation that you deserve after a distracted driving car accident in Bradenton. Phone lines are open 24/7.
Texting While Driving Ban in Bradenton, FL.
The State of Florida officially banned texting while driving on January 1st, 2020. Florida Statute 316.305 declares that it is a primary offense for any person to use their phone while driving.
Texting while driving was only classed as a secondary offense prior to the texting and driving ban, and it caused great difficulty for police officers to act against distracted drivers at the time. However, as it is now classed as a primary offense, police officers can now stop a driver who is using their phone and issue them a fine. The fine for a first offense is only $30, which might seem insufficient due to the potential harm that distracted drivers could cause in the event that an accident occurs. However, the fine for a second offense is a $60 fine, and three points will be added to the negligent driver’s license.
It is important to note that the new law still allows a driver to use their phone if they need to make an emergency call or read urgent text messages, such as weather warnings. However, a driver is not allowed to do this in the middle of a construction zone or near school grounds at any time.
Proving Fault in a Distracted Driving Case in Bradenton, FL.
If you wish to seek compensation following a distracted driving car accident in Bradenton, then you must prove that the other driver was using their phone at the time that the crash occurred. For example, you can get the contact details of people who witnessed the accident and ask them for a testimony, you can rely on video footage evidence (such as surveillance cameras), or you can investigate the phone billing records of the other driver so you can prove that they were on a phone call or sending a text message at the same time that the crash occurred.
It is imperative that you consult with a personal injury lawyer at The Law Place so that we can collect all of the necessary evidence that will help you to win the maximum amount of compensation. Additionally, a personal injury lawyer will help you to counter the arguments of the other driver, as they might try to avoid liability by arguing that the distraction was not the actual cause of the crash.
Types of Texting While Driving Accidents in Bradenton, FL.
The definition of a distracted driver is someone who is not giving their full attention to the road when they are behind the wheel, mainly due to using their mobile phone. The Florida Department of Highway Safety and Motor Vehicles (FHSMV) explains the three different categories of distracted driving:
- Visual – When a driver takes their eyes off the road.
- Manual – When a driver takes their hands off the wheel.
- Cognitive – When a driver is thinking about something else that is not driving.
Texting while driving might result in a number of different accidents, such as side-impact collisions, rear-end collisions, bicycle accidents, or even pedestrian accidents. For instance, if a driver is distracted by using their phone and they fail to notice that the vehicle ahead has stopped in front of them, then this can result in a rear-end collision. Another example is when a driver speeds past a stop sign or a red light due to texting while driving, and they hit another vehicle at an intersection.
If you have suffered as a result of another person’s distracted driving, then you must seek legal advice from a personal injury lawyer who has experience managing car accident cases in the State of Florida. Call The Law Place today to set up a free consultation.
Compensation for a Distracted Driving Car Accident in Bradenton, FL.
The personal injury lawyers at The Law Place will help you determine the number of losses that you have suffered so that you can be fully compensated. A distracted driving car accident has the potential to result in a number of different losses, such as:
- Medical Bills – You can be compensated for past, present, and future medical costs, such as doctor’s visits, physical therapy, rehabilitation, prescription medication, and more.
- Loss of Income – You can be compensated for a loss of income and lost future earning capacity due to being unable to work.
- Property Damage – You can be compensated for the damage caused to your motor vehicle and other personal property.
- Pain and Suffering – You can be compensated for physical pain, mental suffering, and a reduction in your quality of life.
- Wrongful Death – You can be compensated for the loss of a loved one in a distracted driving car accident by filing a wrongful death lawsuit.
Proving Negligence in a Distracted Driving Car Accident in Bradenton, FL.
The law will hold drivers accountable when they expose other road users or pedestrians to serious risks by breaking their duty of care on the road in Bradenton. For example, a driver who uses their phone will automatically put other people’s lives at risk due to their lack of focus behind the wheel. For a personal injury lawyer to prove negligence in your distracted driving car accident case, they will have to show:
- Duty of Care – The driver owed you a basic duty of care on the road.
- Breach – The driver breached their duty of care to you on the road.
- Causation – The driver’s breach of their duty of care caused you to suffer damages as a result of their negligence.
One of the biggest arguments to make in a case like this is to prove that the other driver violated their basic duty of care to operate their vehicle in an attentive manner, resulting in an accident that caused another person to suffer injuries.
It is imperative that you reach out to a personal injury lawyer from The Law Place who can help you to recover compensation for your injuries, property damage, and more.
Defense for Those Accused of Texting While Driving in Bradenton
At The Law Place, we understand the serious implications that a charge for texting while driving can have on your life. This behavior, categorized under distracted driving, is not only dangerous but also heavily penalized under Florida law. As well as personal injury, our firm offers traffic and criminal defense, providing comprehensive legal services to those accused of texting while driving. Here’s how we can assist you:
- Legal Representation and Advice – From the moment you engage our services, you’ll receive legal advice tailored to the specifics of your case. We’ll explain the charges against you, the possible penalties, and the best legal strategies to defend against these charges. Our goal is to ensure you fully understand your situation and the legal options available to you.
- Investigating Your Case – Our team will conduct a thorough investigation of your case, gathering evidence that may include traffic camera footage, cell phone records, and witness statements. This evidence is crucial in building a strong defense, potentially challenging the prosecution’s claims about your alleged distracted driving.
- Negotiating with Prosecutors – In many cases, the best outcome is achieved outside of court. Our experienced attorneys will negotiate with prosecutors to seek a reduction or dismissal of charges based on the evidence and circumstances of your case. We aim to minimize the impact of the charges on your life, seeking alternatives to conviction that may include educational programs or community service.
- Court Representation – If your case goes to court, you need a defense team that’s ready to fight for you. Our attorneys are skilled litigators with extensive experience in traffic and criminal courts. We’ll present a compelling defense on your behalf, challenging the prosecution’s evidence and advocating for your acquittal.
- Protecting Your Rights – Throughout the legal process, The Law Place is committed to protecting your rights. We understand the stress and uncertainty that come with facing legal charges, and we’re here to provide support and guidance every step of the way. Our team will work tirelessly to ensure the best possible outcome for your case, whether that’s a reduced penalty, case dismissal, or a not guilty verdict.
- Personalized Legal Strategy – We recognize that every case is unique, with its own set of facts and legal challenges. Our approach is to develop a personalized legal strategy that considers the specifics of your situation, leveraging our legal knowledge and experience to your advantage.
Facing charges for texting while driving can be overwhelming, but you don’t have to navigate the legal system alone. The Law Place offers the guidance and support you need to defend against these charges effectively. Contact us today to learn more about how we can help you with your traffic or criminal defense for texting while driving.
Bradenton Texting While Driving Lawyer FAQ
What should I do immediately after being involved in a car crash caused by someone texting while driving?
If you’re involved in a car crash in Bradenton due to another driver’s distraction from texting, ensure your safety first and call 911. Seek medical attention for any injuries, document the accident scene with photos, and gather contact information from witnesses. It’s crucial to report the accident to the police to have an official record. After addressing immediate safety and health concerns, contact Bradenton car accident lawyers to discuss your case and understand your legal options.
How can a Bradenton car accident lawyer help me with my texting while driving accident claim?
A Bradenton car accident lawyer, with their experience in personal injury law, can significantly aid your claim by handling all communications with the insurance company, ensuring that your rights are protected throughout the process. An experienced car accident attorney will gather evidence to support your claim, negotiate with the other driver’s insurance company, and advocate for the full compensation you deserve for your injuries, including future medical expenses.
Can I file a personal injury lawsuit for a texting while driving accident in Bradenton?
Yes, victims of texting while driving accidents in Bradenton have the right to file a personal injury lawsuit against the at-fault driver. This legal action can seek compensation for medical bills, lost wages, pain and suffering, and other damages resulting from the accident. Bradenton car accident attorneys with experience in personal injury lawsuits can guide you through the legal process and work to secure a favorable outcome.
What types of compensation can I recover after a distracted driving accident in Bradenton?
After a Bradenton distracted driving accident, you may be entitled to various forms of compensation, including payment for medical expenses, both current and future, lost income, pain and suffering, and property damage. Serious injuries may also warrant compensation for long-term care and rehabilitation. A skilled car accident lawyer in Bradenton will assess your case to ensure that all potential damages are accounted for in your claim.
How do Bradenton car accident attorneys determine fault in texting while driving cases?
Determining fault in texting while driving cases involves collecting evidence such as police reports, witness statements, and possibly cell phone records. Bradenton car accident lawyers will investigate the circumstances surrounding your accident to establish the other driver’s negligence. This evidence is crucial for proving that the distracted driver is liable for the damages caused by the car crash.
How long do I have to file a car accident lawsuit in Bradenton for a texting while driving accident?
Florida law sets a statute of limitations for filing a car accident lawsuit, typically two years from the date of the accident. However, it’s advisable to consult with a Bradenton car accident attorney as soon as possible to ensure your claim is filed within these time limits and to preserve the evidence necessary for your case.
What makes texting while driving-accidents unique in personal injury law?
Texting while driving accidents are particularly egregious because they involve a clear form of negligence – distracted driving. This aspect can influence the approach of your driving accident lawyer in Bradenton, as proving the distraction often requires specific evidence, such as phone records. These cases underscore the importance of personal injury protection and the need for experienced legal representation to navigate the complexities of proving negligence and securing just compensation for car accident victims.
Speak to an Experienced Driving Accident Lawyer, Bradenton
If you were injured in a distracted driving car accident, then you must take legal action against the negligent driver. Although the new state law has restricted texting while driving, car accidents still happen as a result of distracted driving. In this case, you will need to hire a personal injury lawyer to help you win the compensation that you are owed.
At The Law Place, we have over seventy-five years of combined experience and knowledge when it comes to pursuing compensation on behalf of clients who have suffered injuries in distracted driving car accidents in Bradenton and the rest of Florida. Our team of personal injury lawyers will help you hold the at-fault driver responsible for your injuries and other damages.
If you put your trust in us, our law firm will investigate your case, deal with the necessary paperwork, document your losses, calculate the amount of compensation that you could be owed, and file your personal injury claim on your behalf. We will handle all the aspects of your case while you take the time that you need to recover from your injuries.
Contact The Law Place at (941) 444-4444 to schedule a free consultation today, and a personal injury lawyer will win the compensation that you deserve after a distracted driving car accident in Bradenton. Phone lines are open 24/7.