West Palm Beach Car Accidents and Cell Phone Usage

Over 600,000 drivers use their cellphone at some capacity when driving and many are involved in car accidents. Many drivers fall victim to smartphone technology as it keeps advancing, providing them with a false sense of safety while driving. West Palm Beach car accidents are increasing as more and more drivers are using their cellphones while driving. Whether they are sending a text message, making a phone call, or using the Bluetooth car features to access their device, car accidents are happening.

Florida’s Ban on Texting While Driving

Florida Statute 316.305 describes the ban on cell phone usage across the state. This ban on texting while driving is to improve safety on roadways for everyone, driver or pedestrian. Distracted driving is the cause of many West Palm Beach car accidents, and prohibiting the usage of phones will prevent crashes and texting-related accidents. One of the many points of this statute is:
A person may not drive while typing out a text, read anything on the phone, search the web, or send an email.

According to Florida Statute 316.003, in the event of a crash that results in either death or severe injury, the at-fault driver’s billing records for their cell phone may be obtained if there was any suspicion of them using their phone. This can be very important evidence to prove the negligence of the other driver that caused the crash.

If you are caught using your cell phone while driving, you have the potential to be ticketed and fined. The 316.305 statute describes what you cannot do with your cell phone. But there are some exceptions. The exceptions are using your smartphone as a GPS, receiving emergency alerts, reporting criminal activity, and reporting an emergency.

Teenage Drivers and West Palm Beach Car Accidents

Teenage drivers are the age group of drivers that fall victim to cell phone use the most. A study from All American Family Physicians reported that about 38% of teens confirmed they text while driving. When drivers text, they fall victim to speeding, do not have a good awareness of the road, and are normally at fault for motor vehicle accidents because they are distracted. It’s essential for parents to discuss with their teen drivers the importance of not texting and driving.

Unfortunately, teens are two times more likely to engage in unsafe driving behavior when driving with their peers versus when driving alone. Whether it’s texting, scrolling social media, recording a Snapchat or Tiktok, changing music, or making calls, distracted driving accidents can cause a lot of damage.

As we enter the 100 deadliest days for teen drivers, parents should remind their teen drivers about safe driving techniques. Since school is out and summer is here, older teens will want to spend most of their time outside and out at the beach with friends. They should be safe when driving alone and with other passengers.

• Avoid playing music too loudly.
• Limit the number of passengers allowed in the vehicle at once.
• Set a night-time curfew.
• Wear a seat belt and wear it properly.

Another thing parents should discuss with their teens is not posting anything on social media about an auto accident they were involved in. Especially if you are looking to seek compensation for damages. Sometimes this type of information can be used to prove that the victim could have been some percentage at fault for the crash.

Texting and Driving Car Accidents

If you are a victim of a car accident that was caused by the at-fault driver being on their phone, there are four things you will need to prove with your car accident lawyer:

1. Injuries and Property Damage: Proving the damages that the victim sustained are because the at-fault driver was distracted during the time of the accident. Determining that injuries and property damage are from the negligence of the other driver being on their phone.
2. Causation: Having one of our West Palm Beach car accident attorneys will help you prove causation. The goal is to show evidence that the at-fault driver was breaking the safety driving standard of care and the victim has damages because of that.
3. Violation: Proving that texting or being on their phone, in general, is an act of unsafe driving and therefore causes an accident.
4. Duty: As drivers, we have a duty to practice safe driving to protect ourselves, our passengers, and others that we share the road with. In Florida, there are standards and statutes put in place to protect all motorists and pedestrians.

With one of our West Palm Beach car accident attorneys on your side, you will have the potential to claim for all damages you have endured. Receiving compensation for injuries and property damage, you are able to claim for non-economic damages as well. Non-economic damages basically mean damages that do not have an exact dollar amount. This can be things like pain and suffering, loss of a loved one, depression, loss of enjoyment of life, and disfigurement.