If you’ve been injured in a car crash caused by a distracted driver who was texting, you may be entitled to compensation for your injuries, medical bills, and suffering. Texting while driving is a widespread problem that puts everyone on the road at risk, and Florida’s laws prohibit this dangerous behavior.
We at Eberst Law understand the devastating impact texting and driving accidents can have on victims. Our experienced accident attorneys in Stuart, Florida, have helped numerous clients recover fair compensation after being injured by drivers who chose to text instead of focusing on the road. We can investigate your case, gather compelling evidence, and fight for the compensation you deserve.
The Dangers of Texting While Driving
Texting while driving is one of the most dangerous forms of distracted driving. When drivers text, they experience three types of distraction simultaneously:
- Visual distraction: taking their eyes off the road
- Manual distraction: taking their hands off the wheel
- Cognitive distraction: taking their mind off driving
These combined distractions create a perfect storm of danger that dramatically increases accident risk on our roadways.
Texting drivers often fail to:
- Maintain proper lane position
- Keep appropriate following distances
- Recognize traffic signals
- React quickly to road hazards
- Notice slowed or stopped traffic ahead
All of these failures significantly increase the likelihood of serious or even fatal accidents occurring.
Florida’s Texting and Driving Laws
Florida has taken steps to address the texting while driving problem through legislation. Understanding these laws can be important for your accident case.
Under Florida Statute 316.305, texting while driving is prohibited as a primary offense. This means law enforcement officers can stop drivers solely for texting behind the wheel, even if they aren’t committing any other traffic violations.
The law specifically prohibits:
- Manually typing or entering letters, numbers, or symbols into a wireless communication device
- Sending or reading data on such devices while operating a motor vehicle
- Using handheld devices in school or work zones
These legal prohibitions provide an important foundation for establishing negligence in texting and driving accident cases.
Proving a Texting and Driving Accident Case
Building a successful texting and driving accident case requires gathering specific evidence to establish that the other driver was texting at the time of the crash and that this distraction caused your injuries.
Our Stuart texting and driving accident attorneys can help collect crucial evidence such as:
How Can Phone Records Be Used as Evidence?
Cell phone records can provide timestamps of texts, calls, and data usage that may coincide with the time of the accident. Our legal team can obtain subpoenas for these records when necessary to prove the other driver was using their phone when the crash occurred.
What Other Evidence Can Support Your Case?
Beyond phone records, several types of evidence can strengthen your texting and driving claim:
- Witness statements from people who saw the driver texting
- Police reports noting distracted driving
- Traffic or security camera footage
- Data from vehicle event data recorders (“black boxes”)
- Admissions made by the driver after the crash
Building a comprehensive collection of this evidence creates a compelling case against the distracted driver.
How Do We Establish Liability?
To recover compensation, we must prove the four elements of negligence:
- The driver owed you a duty of care (all drivers owe others on the road a duty to drive safely)
- The driver breached this duty by texting while driving
- This breach caused the accident
- You suffered damages as a result
Our attorneys have extensive experience investigating distracted driving accidents and can build a compelling case on your behalf.
Damages Available in Texting and Driving Accident Cases
Victims of texting and driving accidents may be entitled to various types of compensation, depending on the severity of their injuries and the impact on their lives.
Potential damages in these cases include:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Property damage
- Rehabilitation costs
- Loss of enjoyment of life
- Mental anguish
Each of these damage categories helps ensure you receive comprehensive compensation for all aspects of your suffering and losses.
Florida’s comparative negligence laws allow recovery even if you were partially at fault, though your compensation may be reduced by your percentage of responsibility for the accident.
If a loved one was killed in a texting and driving accident, surviving family members may pursue a wrongful death claim for additional damages, including funeral expenses and loss of companionship.
Contact Our Stuart Texting and Driving Accident Attorneys
When you’ve been injured by a driver who chose to text instead of paying attention to the road, you deserve skilled legal representation to help you recover fair compensation. At Eberst Law, we have a proven track record of successfully representing accident victims throughout Stuart and across Florida. Our attorneys understand the complexities of texting and driving cases and know how to effectively prove distraction played a role in your crash.
Our team at Eberst Law is committed to providing personalized attention to each client. With years of experience handling distracted driving accident cases, we have the knowledge and resources to take on insurance companies and fight for the maximum compensation you deserve. Contact us today at (772) 225-4900 or through our contact form to schedule a free consultation about your texting and driving accident case.
