Cell Phone Use While Driving

Dedicated Boynton Beach Attorneys Representing Car Crash Victims

Cell phones are a common source of distraction for many drivers, which can endanger the safety of other motorists and pedestrians. At Frankl & Kominsky, our car crash lawyers represent accident victims and their families throughout Boynton Beach and the surrounding communities. If you were struck by a driver who was using a cell phone at the time of the collision, we can help you pursue a personal injury claim to protect your rights.

Cell Phone Use While Driving

Cell phone use has become a factor in an increasing number of distracted driving car crashes. People sometimes use their phones to talk, text, or browse the Internet while driving. This takes their attention off the road, which can lead to accidents. According to the National Safety Council, an estimated 26 percent of 2012 motor vehicle crashes were attributed to cell phone use while driving. Most of these accidents involved people talking on either handheld or hands-free devices, but texting also contributed to them.

Several states ban talking on a cell phone while driving, but Florida does not. The state does, however, ban texting behind the wheel. In 2013, the legislature enacted a statute that made this behavior grounds for a secondary traffic offense in Florida. In other words, a traffic officer can cite a driver for texting while driving if the officer first pulls the motorist over for committing a primary traffic violation, such as exceeding the speed limit.

Assert Your Rights by Holding a Negligent Motorist Accountable

Cell phone use can distract an individual and take his or her focus away from the important task of safely operating a vehicle. You may be able to hold a driver legally responsible for your injuries if he or she was using a mobile device when the accident occurred. You would need to show that the driver was negligent to succeed in your claim.

A person is negligent when he or she fails to act with reasonable care to prevent needless risks of harm to others. A victim in a Florida personal injury lawsuit arising from a car crash has the burden of proving that the other driver had a duty to use care, breached the duty, and caused you to suffer injuries from which you incurred damages.

It is firmly established that all people in this state must drive with reasonable care. Although Florida does not ban drivers from using cell phones on the road, motorists are not excused from acting prudently if they are using mobile devices behind the wheel. A driver can breach the duty to drive with reasonable care if he or she is too distracted to drive safely. If the result is a car crash, he or she may be held responsible for any injuries caused by the accident.

If the driver was cited for a texting while driving violation, his or her billing records may be admitted as evidence of the use of a mobile device when the accident occurred. Texting includes not just actual texting, but any manual typing on a cell phone, including emails and instant messaging.

The defendant in your case may claim that you were responsible for the crash. Florida follows a pure comparative fault rule, which means that a victim can recover damages as long as his or her own negligence is not the sole cause of his or her injuries. If your careless actions contributed to your harm, you can only recover damages in proportion to your degree of fault.

You can seek damages from any responsible party in your car accident case. If you prevail or obtain a favorable settlement, you may be able to get compensation for your medical bills, lost income from missed days at work, property damage, pain and suffering, and more. You must file your lawsuit within four years from when the crash occurred, or you risk forfeiting your right to seek damages.

South Florida Lawyers Knowledgeable in Auto Accident Claims

The auto accident attorneys at Frankl & Kominsky are committed to helping victims throughout South Florida pursue the compensation they deserve for their injuries. If another driver’s cell phone use caused the crash, we can provide the representation you need to seek damages from him or her. We assist individuals and families in Lake Worth, West Palm Beach, and Deerfield Beach, among other cities throughout the region. For a free and confidential consultation, please call us today at (855) 800-8000. You can also contact us online. We are fluent in Spanish and Creole.

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This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm.
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Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple.
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I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl & Kominsky for your personal injury case.
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Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise.
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