Driver distractions increase the risk of accidents. Without a doubt, if a person is behind the wheel reading a text message or in a heated argument with someone else, they are not able to pay full attention to the road in front of them. Understanding Florida’s distracted driving laws can help you to know if your accident was due to the other driver’s distraction. Talk to a Sarasota car accident attorney or Bradenton car accident lawyer from Shapiro | Delgado today.
It is very clear that driving while doing something else – just about anything else – can create a very dangerous situation for others on the roadways. Under Florida law (Section 316.305, Florida Statutes ), a person is not allowed to operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into any type of wireless communications device. Additionally, a person cannot operate a motor vehicle while sending or reading data from such a device from non-voice interpersonal communication. This includes emailing, texting, or instant messaging.
Under Section 316.306, Florida Statutes, the use of a wireless communication device in a handheld manner within a school or work zone is prohibited as well. This includes construction zones or any instance of a school crossing, school zone, or active construction site.
To clarify the law further, Florida Highway Safety and Motor Vehicles defines three types of distracted driving:
Texting and driving is one of the most common and most dangerous forms of distracted driving because it involves all three of these areas. Other risks include:
When a crash threat occurs, a person must be able to perceive the hazard and react to it in enough time to stop the vehicle. These actions make it harder to do that since the driver’s perception of the distance is not as clear.
In situations where distracted driving is a component of a car accident, it is critical to seek legal guidance as soon as possible. Because Florida is a no-fault state, most often, a person will file a claim with their own insurance company to recover damages.
However, there are times when seeking damages through a civil lawsuit is necessary and beneficial. If the damages are severe and you have losses that go beyond medical bills, you may be able to seek damages from the at-fault party for the losses you’ve incurred. This includes potentially seeking noneconomic losses for pain and suffering.
Contact the Shapiro | Delgado team online now to set up a free consultation to discuss your case and find out if you can pursue legal action.
