When someone makes the dangerous decision to use their cell phone to send a text message, read an email, or post a picture to social media while driving a motor vehicle, they are putting themselves and everyone else on the road at risk of an accident and serious injuries as a result. This type of behavior is reckless and inconsiderate. Alarmingly, some studies show that texting while driving is actually worse than drunk driving or driving while high on marijuana.
At Bernheim Kelley, our car accident lawyers in Fort Lauderdale have the skills and experience to handle all types of distracted driving crash claims, including texting and driving collisions. If you or your family member was hurt in a texting and driving crash, we are here to help. Our experienced attorneys know how to dispute a car accident fault. Contact us at our Fort Lauderdale law office today to set up a free consultation with a top-rated Florida texting and driving accident lawyer.
What Is Distracted Driving? (Some of the Most Common Examples)
Distracted driving refers to engaging in any activity that diverts attention from driving, such as texting, talking on the phone, eating, or adjusting the radio. It poses significant risks to road safety for both drivers and pedestrians. Notably, distracted driving is one of the most common causes of collisions. The Centers for Disease Control and Prevention (CDC) cites distracted driving as the primary cause of nearly 10% of injury crashes nationwide. Some of the most common examples of distracted driving include:
- Eating and Drinking: Many drivers, especially those on long journeys or rushed mornings, opt to eat or drink while driving. Managing food, especially messy items can require substantial attention, diverting focus from the road. Spills or mishandling can further exacerbate the distraction, increasing the potential for accidents.
- Using In-car Entertainment and Navigation Systems: Modern vehicles are equipped with advanced multimedia systems. Drivers searching for a specific song, adjusting volume levels, or setting up navigation destinations are momentarily (sometimes longer) distracted from the primary task of driving.
- Interacting With Passengers: Engaging in deep conversations, turning to talk to someone in the back seat, or managing children’s needs can divert a driver’s attention. Emotional discussions can be particularly distracting, with the driver’s mental focus shifting from the road to the conversation.
- Texting and Driving: Among the most perilous of distractions, texting requires visual, manual, and cognitive attention. Indeed, texting is widely considered to be the most dangerous common type of distracted driving. The few seconds spent reading or replying can translate to long distances traveled without watching the road, greatly heightening the risk of collisions and other road mishaps.
Texting and Driving: The Statistics
The data is overwhelming: Texting and driving is extremely dangerous. The National Highway Traffic Safety Administration (NHTSA) estimates that distracted driving claims more than 3,100 lives in the United States each year. Many of those fatal crashes are caused by drivers who were texting at the time of the collision. The Insurance Institute for Highway Safety (IIHS) notes that an average of one person is killed nationwide each day as a direct result of texting and driving. Many thousands more sustain severe injuries. The IIHS cautions that the true figure is likely far higher as texting and driving remains an unreported issue.
Know the Dangers of Texting and Driving
Alarmingly, texting and driving is a multifaceted distraction. Texting takes your focus off the road in several different ways—and each one of those ways increases the risk of a crash. Here is a list of reasons why texting and driving is so risky and dangerous:
- Diverted Attention: Texting requires a driver to shift their attention from the road to their phone. Even a few seconds of distraction can cause a driver to miss crucial events.
- Reduced Reaction Time: When engrossed in a message, a driver’s ability to respond promptly to sudden changes or emergencies on the road is severely compromised.
- Impaired Judgment: Focusing on a text can cause drivers to misjudge distances, speeds, and road conditions, leading to wrong decisions that can be fatal.
- Physical Impairment: Texting requires one hand off the steering wheel, decreasing the driver’s control over the vehicle. It can lead to swerving and other erratic movements.
- Cognitive Distraction: Beyond visual and manual distractions, texting also engages the mind. A driver mentally preoccupied with a conversation or message can miss issues.
Is Texting and Driving Illegal in Florida?
Yes. Under state law (Florida Ban on Texting While Driving Law), it is unlawful to operate a motor vehicle while also using a cell phone or any other handheld electronic device. Texting and driving is a primary offense—meaning a police officer can pull a motorist over on suspicion of texting.
How Much Is a Texting and Driving Ticket in Florida?
It depends. A first-offense texting and driving ticket in Florida is generally a $30 fine, with possible court costs. A second offense for texting and driving is a $60 fine in Florida, and it carries three points on a driver’s license. Of course, texting and driving is a negligent driver. A motorist can face far steeper financial costs if they are found legally liable for a serious accident.
What are the Most Common Reasons Why People Text and Drive?
There has been a broad, comprehensive highway safety campaign focused on the dangers of texting and driving. It can lead to catastrophic crashes—from rear-end collisions to T-bone accidents. With this in mind, why do so many people continue to text and drive? Here are some of the most common reasons that highway safety experts believe texting and driving remains a president problem:
- Underestimation of Risks: Despite numerous campaigns highlighting the dangers, some drivers still underestimate the risks associated with texting behind the wheel.
- Overconfidence in Multitasking Abilities: Many drivers believe they can manage both driving and texting simultaneously. They overrate their multitasking skills.
- False Perceptions of Urgency: In the age of instant communication, individuals often feel compelled to respond immediately to messages.
- False Social Pressure: With rapid response times becoming the norm in digital communication, drivers may fear appearing rude if they do not reply promptly.
- Habitual Behavior: For some, checking the phone has become a deeply ingrained habit. The compulsion to stay connected, even while on the move.
Are Distracted Driving Claims Different from Other Car Accident Claims?
Distracted driving accidents share many core commonalities with other types of car accident claims in Florida. Indeed, the laws and the insurance claims process are largely similar. However, there can also be some subtle key differences. For example, with texting and driving accident cases, your Fort Lauderdale auto accident injury lawyer may subpoena the other motorist’s cell phone records in an effort to prove that they were actually texting and driving right before the crash. It can be hard to know how to tell who is at fault in a car accident, even when distracted driving is at play. An experienced attorney can help.
Why Rely on Bernheim Kelley for a Texting and Driving Accident Claim
Texting and driving accident claims can be complex. In some cases, you may be going up against another driver who simply denies that they were texting before the crash—even if you know otherwise. Do not take on the claims process alone. You might wonder “Who is at fault in a car accident when backing up?” Hire a lawyer as soon as possible—preferably before even contacting the insurance company for the first time. At Bernheim Kelley, we are committed to getting results. Our personal injury lawyers in Fort Lauderdale offer a free initial consultation for victims of texting and driving accidents so that we can discuss the specifics of the situation and provide insight into how we can provide you with the legal support that you deserve through this process. Contact us as soon as possible so that we can start fighting for the money that you are entitled to, and not just the money that the insurance company wants to pay to make this case go away.
At Bernheim Kelley, our Fort Lauderdale distracted driving accident lawyers have deep experience handling texting and driving cases. Hurt in a crash? You need a skilled advocate on your side. Contact us today to set up your no-fee, no-obligation initial legal consultation. We handle texting and driving accident claims in Fort Lauderdale and throughout the State of Florida.