Everyone who gets behind the wheel of a motor vehicle and drives on public Florida roads has the duty of care to focus on their surroundings at all times while in motion. Choosing to look at a cell phone or smartphone screen instead of at the road is not just a violation of this duty, it is also against the law in the Sunshine State. Unfortunately, far too many people act negligently in this way and end up causing serious traffic collisions.
If you have been hurt in a texting while driving car accident in Pace, you likely have grounds to take legal action against the person who caused the crash. For help filing your lawsuit, reach out to a dependable auto accident lawyer at Emmanuel Sheppard & Condon.
Since it is illegal under Florida Statutes § 316.305 for any person operating a motor vehicle to read, write, or send text messages on any electronic communications device, anyone who causes a wreck by engaging in this behavior is “negligent” under Florida state law. This is because breaking the law in any way behind the wheel is a “breach of duty,” and any such breach that is the direct and primary cause of an otherwise avoidable injury meets all the criteria necessary for a civil case to proceed under the legal theory of negligence.
It is worth noting, though, that Florida follows a “no-fault” approach when it comes to car accident litigation. That means you will generally have to exhaust your own personal injury protection (PIP) insurance coverage before you are allowed to pursue additional compensation through a civil claim, and you may be prohibited from filing suit even then if you have not suffered a “serious injury” from the wreck. During a private consultation, a knowledgeable attorney at our firm can go into more detail about how this system works and how it might impact a lawsuit based on a texting while driving car crash in Pace.
If you do have standing to sue over a car wreck caused by a texting driver in Pace, you can demand compensation for all your medical bills, lost work wages, and vehicle damage not already covered by PIP or other insurance. You can also recover for other losses like:
Capable legal counsel can play a key role in identifying, assigning a fair value for, and proactively demanding restitution for every form of harm your accident will cause you to suffer.
No one deserves to be hurt solely because of someone else’s misconduct, and certainly not because another person was acting both irresponsibly and illegally by texting behind the wheel. Fortunately, anyone who has suffered a serious injury under circumstances like this can usually demand comprehensive recovery for all their losses.
Our team of legal professionals at Emmanuel Sheppard & Condon can help you file your claim. Call today to discuss your options following a texting while driving car accident in Pace.