We’ve been blogging a lot about distracted driving as part of our New Year’s look: Staying Safe on Florida Roads.
Still, our experienced car accident attorneys in Fort Myers know few risks compare to the modern-day cell phone. Gone are the days when the biggest worry was driving and talking. Text messaging began a larger threat because it requires a driver to engage in all three types of distraction – eyes off the road, mind off the task of driving, hand off the wheel.
F.S. 316.305 finally outlawed texting and driving when it became law in July 2019. However, enforcement efforts continue to lag despite the known risks. The law prohibits drivers from texting or manipulating a hand-held device while the vehicle is in motion. It is a primary enforcement measure, meaning drivers can be stopped and ticketed, but state and local law enforcement data continues to show citations remain relatively uncommon.
Today, social media apps, navigation apps, and onboard infotainment systems may also be a primary source of driver distraction. Each of these must be carefully reviewed and considered.
Proving Causation in Distracted Driving Cases
In some cases, accident scene investigators may focus on distracted driving as a cause. But in many other cases, it may go undiagnosed as a factor in causation at the time of a collision. Your chosen Fort Myers car accident lawyers will need to have the experience and resources necessary to conduct an independent review of all possible contributing factors of causation, as well as identifying all liable parties. This is a far more complex process than it was just a decade ago.
In still other cases, victims may be partially blamed in a collision where victim distraction is identified as a factor of causation. However, it’s important to understand that Florida’s laws on comparative fault do not eliminate a victim’s rights to compensation even when he or she is determined to be partially at fault.
These modern complexities mean the initial accident report is often the first word when it comes to liability and causation, not the last. Now in our 50th year of fighting for the rights of victims in personal injury and wrongful death litigation, Associates and Bruce L. Scheiner, Attorneys for the Injured, has the knowledge, experience and resources to litigate even the most complex cases. From accident investigation, to identifying responsible parties and making a comprehensive demand for damages, to litigating cases against defendants and their insurance companies, our focus is always on justice for the injured and their families.
If you or a loved one is injured, call Associates and Bruce L. Scheiner, Attorneys for the Injured, at 1-800-646-1210.