Car Accidents: Texting While Driving
The popularity of mobile devices has brought about both beneficial and dangerous consequences. The National Highway Traffic Safety Administration reported that driver distraction was the cause of 16% of all fatal crashes in 2008, and led to 515,000 people suffering injuries from distracted drivers.
Many states have recently passed laws banning texting while driving for certain drivers or all drivers. Florida has several proposals for such laws, including Bill 416, which may be enacted at any time. Even if texting while driving is not officially illegal, it may still be used to prove negligence on the part of a driver. If you have been injured in a car accident and the other driver can be proven to have been texting at the time of the incident, this can work strongly in your favor.
Texting While Driving Cases
If the other driver was texting at the time of the incident and was on the job at the time, the employer may possible be considered the liable party, being responsible for injuries caused by its employees. Many employers have enacted a ban on texting while driving for their employees when on the job. This has largely followed findings published by the Occupational Health and Safety Administration (OSHA) in which texting while driving was declared to be a workplace hazard.
With the help of a legal professional, you can investigate your accident to identify any potentially liable parties. A skilled attorney can subpoena wireless providers to provide you with cell phone activity for the time in question, and then you can use this as evidence to support your claim where it suggests the driver in question was texting while driving.