The devastating consequences of a texting and driving accident can upend your life in an instant. While you focus on physical recovery, the financial and emotional toll continues to mount with medical bills, lost wages, and psychological trauma. Florida law provides avenues for victims to seek monetary compensation, but navigating these legal channels requires specialized knowledge.
Frank P. Marsalisi and the team at Marsalisi Law are committed to helping victims of texting and driving accidents throughout St. Petersburg, Florida. As a dedicated St. Petersburg personal injury attorney fluent in both English and Spanish, Frank P. Marsalisi provides personalized representation to each client, ensuring they receive the support and guidance needed during such challenging times.
Understanding Texting and Driving Accidents in Florida
Texting while driving is explicitly prohibited under Florida law, and for good reason. When a driver diverts their attention to read or send a text message, they are engaging in one of the most dangerous forms of distracted driving. This momentary distraction can have severe consequences.
A texting driver may need to take their eyes off the road for approximately five seconds to read or send a message. At 55 mph, that equates to driving the length of a football field without looking at the road. This brief lapse in attention significantly increases the risk of an accident, potentially causing harm to themselves and others on the road.
Types of Distracted Driving
Texting while driving falls under the broader category of distracted driving, which encompasses various activities that divert a driver’s focus from the road. These distractions can be categorized as:
- Visual distractions: Taking your eyes off the road (looking at a text message);
- Manual distractions: Taking your hands off the wheel (typing a text);
- Cognitive distractions: Taking your mind off driving (focusing on a conversation)
Texting is particularly dangerous because it involves all three types of distractions simultaneously. A driver who is texting is visually, manually, and cognitively impaired, creating a perfect storm for potential accidents.
Florida’s Laws on Texting and Driving
In 2019, Florida strengthened its texting and driving laws by making it a primary offense. This means law enforcement officers can now pull over drivers solely for texting while driving without needing to witness another traffic violation first.
The law prohibits the manual typing of letters, numbers, or symbols into a wireless communication device while operating a motor vehicle. Violation of this law not only results in a traffic citation but can also serve as evidence of negligence in a personal injury case.
Pursuing Monetary Compensation After a Texting and Driving Accident
If you have experienced an injury in an accident caused by a texting driver, you may be entitled to seek various forms of monetary compensation to help cover your losses.
Types of Recoverable Damages
The damages you may recover in a texting and driving accident case typically fall into two main categories:
- Economic damages: These include calculable costs such as medical expenses (past and future), lost wages, reduced earning capacity, and property damage;
- Non-economic damages: These compensate for intangible losses such as pain and suffering, emotional distress, and diminished quality of life
Punitive damages may also be available in certain cases where the texting driver’s behavior was particularly egregious. These are designed to punish the wrongdoer and deter similar conduct in the future.
The Role of Negligence in Your Case
To secure monetary compensation in a texting and driving accident case, you must establish the other driver’s negligence. This involves proving four elements:
- The driver had a duty to operate their vehicle safely and follow traffic laws;
- They breached this duty by texting while driving;
- This breach directly caused your accident;
- You experienced damages as a result.
Evidence of the driver texting, such as phone records, can be crucial in establishing this negligence. Marsalisi Law may work with accident reconstruction experts and obtain cell phone records to build a compelling case on your behalf.
Get Dedicated Legal Representation for Your Texting and Driving Case
The aftermath of a texting and driving accident can be overwhelming, but you do not have to face it alone. With Marsalisi Law by your side, you can focus on recovery while we handle the legal complexities.
Frank P. Marsalisi brings his legal expertise, personalized approach, and commitment to justice to every case. At Marsalisi Law, we believe in providing tailored legal services that address your specific needs and circumstances. Our track record of successful settlements and verdicts for accident victims throughout Florida demonstrates our dedication to securing the monetary compensation our clients deserve. For a free consultation about your case, call (727) 800-5052 or contact Marsalisi Law through our contact form. Marsalisi Law is Where Law Gets Personal!