What are the Legal Rights of Victims Following a Distracted Driving Automobile Accident in Florida?

Texting-While-Driving-300x200While technology has brought many advances to make vehicles safer, technology has also brought advances that has made driving much more dangerous – namely the development of iPhones, Droids, and other devices.  Just about every driver on the roads owns and travels with a mobile phone device.  Certainly, having a mobile phone while traveling can make the driver, work, and personal errands a bit more efficient and effective.  You can call ahead for reservations.  You can call a work colleague to re-arrange appointments and check e-mails and text messages.  However convenient that a mobile phone has made life in general, it is made the operation of a motor vehicle so much more dangerous.  A troubling survey was completed which place the State of Florida as the second worst state in the United States for distracted driving.  The survey which was conducted by Everquote, Inc., an online insurance company, reported that 92 percent of drivers who owned mobile phones used the mobile phone in a moving vehicle.  While it is lawful in the State of Florida to make and receive calls during vehicular travel, this does not mean that it is safe to do so for many people especially those who are poor drivers to begin with.  Anything that causes a distraction for some drivers can lead to an automobile accident.

It should be noted that there is law in place in the State of Florida that prohibits texting while driving.  The same law prohibits any browsing or reading of a mobile device while driving. You can read more about the Florida law at Section 316.305 – Florida Statutes – Wireless Communication Devices – Prohibition.

When distracted driving takes place, traffic regulations and rules of the road tend to get violated.  This, in turn, leads to automobile accidents and related personal injuries.  If a person has been the victim of  a distracted driving accident, the victim can pursue a case or claim for damages. There are essentially two types of damages to pursue:  Economic Damages and Non-Economic Damages.

Economic Damages are measurable and somewhat exact types of damages including but not necessarily limited to past and future medical bills, wage loss, vocational expenses, and loss of earning capacity.

Non-Economic Damages refer to past and future pain, suffering, loss of enjoyment of life, and mental anguish.  It should be noted that Florida requires the proof of a permanent injury in automobile accident cases to be entitled to claim damages for past and future Non-Economic Damages.

Based in Jacksonville, Florida, David Wolf is an automobile accident attorney with over 27 years of experience dedicated to the legal representation of personal injury victim and their families.  He handles cases throughout the State of Florida.  David Wolf provides a Free Consultation on personal injury cases.  He does not represent businesses or insurance companies just injury victims.  He is proud to represent injury victims and their families to provide guidance and direction in the aftermath of an automobile, truck, motorcycle, bicycle, or pedestrian accident with personal injuries.

Attorney David Wolf is the author of 11 books including the book titled – Florida Automobile Accidents – Personal Injuries – Protecting and Enforcing Your Legal Rights. You can get this book for free at Florida Automobile Accidents. This book has chapters on Medical and Follow Up, Insurance Issues, Case Types, Injury Types, Wrongful Death, Settlement – Compensation and Damages.

 

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