Texting while driving is a dangerous form of distracted driving that creates a great risk for car accidents and motor vehicle collisions. Your injuries in these accidents could entitle you to compensation from liable drivers. Our seasoned attorneys could represent those injured in texting while driving accidents in West Palm Beach. We navigate state laws and legal procedures that are necessary for recovering compensation and hold liable parties accountable for causing you harm.
Florida’s Motor Vehicle Code Section 316.305 expressly prohibits drivers from using a wireless communication device while operating a vehicle. This broadly includes texting while driving, e-mailing, instant messaging, and reading other messages. Limited exceptions apply to the ban on texting while driving. For example, the statute excludes the following activities from the prohibition under subsection (3)(b):
While a violation of Florida’s ban on texting while driving is a noncriminal traffic infraction, it can still be evidence of negligence for a collision in West Palm Beach.
Liability following a texting while driving crash in West Palm Beach generally requires proof that a party was negligent toward the injured person. Negligence exists when a person breaches their duty of care through their acts or omissions and this misconduct contributes to causing the accident. A driver liable for injury to another could be responsible for an injured person’s compensatory damages, including their medical expenses, lost earnings, and experienced pain and suffering.
In some car accident cases, it is possible for multiple parties to have fault for its cause, including an injured person seeking compensation through a lawsuit. For example, a car accident could occur from a combination of driver behaviors, including texting while driving, speeding, running a stop sign, and other traffic violations. The comparative fault rule applies in these cases and could limit compensation to an injured person by their percentage of fault for the collision. If that fault is greater than 50 percent, the state prohibits recovery of compensation against other at-fault parties.
Lawsuits for car accidents and other claims based on negligence have a two-year filing deadline under Section 95.11. You must file a claim for injuries from a texting while driving accident in West Palm Beach within two years, starting on the date of the car accident. If you do not file within this period, the judge will likely dismiss your claim and prevent you from seeking damages in court.
Our attorneys could help you or a loved one pursue compensation for your injuries from a distracted driver. We manage the requirements for key legal procedures, such as the statute of limitations, and prioritize available data to inform key decisions about your case and its settlement. You can schedule a free consultation with our office and explore your legal options.
