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Operating a motor vehicle weighing thousands of pounds while diverting your attention from the road ahead or the surrounding cars and people can quickly lead to a catastrophic traffic accident. To address one of the most common causes of distracted driving, Florida passed a law in 2019 making it illegal for all drivers to read, write, or send text messages on any mobile communications device while behind the wheel.

Unfortunately, not everyone in the Sunshine State follows this law, and texting while driving car accidents in Pensacola can have life-altering consequences. If you were recently injured in a car crash because of texting while driving, you should contact an experienced auto accident lawyer from Emmanuel Sheppard & Condon to discuss the possibility of a civil lawsuit.

Is Texting While Behind the Wheel Always Considered “Negligence”?

Florida law also prohibits drivers from holding a wireless communications device in their hand for any reason while inside a school zone or driving near active construction sites. Because the law prohibits these behaviors, they count as a violation of the “duty of care” that all drivers have to act lawfully and responsibly behind the wheel. Anyone who injures another person directly through a “breach of duty” is considered “negligent” under civil law and financially liable for crash-related losses.

It is worth noting that an individual cannot jump straight to a lawsuit over a distracted driving car crash in Pensacola, primarily because of Florida’s “no-fault” approach to car crash litigation. Under this system, Florida drivers involved in wrecks must exhaust all available insurance coverage before they can file suit. Even then, they are unable to file suit if they did not suffer a “serious” injury from the accident.

Proving a Distracted Driver Caused a Traffic Accident

Civil claims for texting while driving car crashes in Pensacola can also be complicated by what the police report does or does not include about the incident. While police officers often include citations for mobile use while driving in their report, it is not uncommon for them to exclude this citation if they cannot find enough evidence at the scene to support it.

If there is no traffic citation, it will fall to you as the plaintiff to prove that you were hurt directly because of another driver being distracted by their cell phone. You can potentially use evidence such as:

  • Witness testimony
  • Photos/videos of the crash scene
  • Subpoenaed phone records and data
  • Surveillance/dashboard camera footage

Support from a seasoned lawyer can be vital to collecting, preserving, and effectively using all available information in pursuit of a fair financial recovery.

Talk to a Pensacola Attorney About Filing a Texting While Driving Auto Accident Suit

Drivers who choose to text behind the wheel put themselves and everyone around them in harm’s way. Along with fines and other penalties for their traffic law violation, they can also bear civil liability for any injuries you suffered in an auto accident because of their negligence.

Getting the best possible outcome for a texting while driving car accident case in Pensacola will be much easier with help from our team of legal professionals. Call Emmanuel Sheppard & Condon today to learn more.