Florida has no shortage of distracted drivers. Throw a cell phone into the mix and the situation could become deadly. To be clear, texting and driving in Florida is illegal, but it is currently treated as a secondary offense, which means drivers can’t be pulled over for doing it. If a recent bill in the Florida Senate passes, that could soon change, but until that happens, Floridians are at risk for getting into an accident because of cell phones.
Want to protect yourself from the costs of texting and driving? Here’s what to do if you are in an accident with someone who is using their phone.
Responding to the Accident
- Seek medical care. If you are injured, it is critical for you to seek medical care. The documentation that is created when you are treated at a hospital or doctor’s office establishes the medical record of your case. When injured drivers refuse medical care after a car accident, the liable party’s insurance company might say that any injuries from the accident were negligible. Keep any medical documents that refer to the injuries you sustained as they can serve as evidence to support your case. Without them, you could miss out on receiving damages for your injuries.
- Ask for a copy of the police report. Your police report will have all the information you need to file a claim, including the name, address, and insurance information of the other driver as well as names and contact information of any witnesses. The police report will also reveal whether the other driver was cited for the accident, which can help your case.
- Get witness statements. When you are in an accident that involves texting and driving in Florida, it’s critical to gather information from any witnesses on the scene in order to hold the liable party accountable. That’s because you have to prove that in the moments leading up to the crash the other driver was distracted. Securing written statements from witnesses of the accident can support your case.
- Inform the prosecutor of your injuries. If the other driver was cited for the accident, they may try to plea down to a lesser offense. To make sure they are held accountable for their actions, inform the prosecutor that their negligence caused your injuries.
Were you in an accident that involved texting and driving in Florida?
If you were injured in an accident that involved texting and driving, don’t wait to get help. The attorneys at Pacin Levine can help you get the settlement you deserve so you don’t have to worry. Give us a call today, or click the chat box to get in touch with us.
