Distracted driving continues to present a threat to public health and safety. According to the National Highway Traffic Safety Administration, 3,450 people lost their lives as a direct result of distracted driving in 2016 alone. Although many different types of distracted driving exist, texting is one of the most dangerous types and often leads to serious injury. What happens if you sustain injuries in an accident involving a texting driver? Can you pursue a claim against the at-fault driver? The answer will depend on the circumstances which is why it is important to speak with a car accident lawyer as soon as possible. Contact the Law Offices of David I. Fuchs to schedule a free initial consultation to discuss your case. (954) 568-3636.
Any type of distracted driving can be dangerous, but some present a more serious threat than others. Public safety officers classify texting as one of the most dangerous types of distraction because it involves all three major types:
Given that texting and driving involve all three major types of distraction, it’s easy to see how it can play a role in serious car accidents. If you’re a driver or pedestrian who sustained an injury in an accident with a texting driver, what are your options for legal recourse?
Florida is one of many states that enacted a ban on texting and driving. This means that an injured driver may be able to file a claim against an at-fault driver under certain circumstances.
Our state is one of only a handful that observes a no-fault rule when it comes to car accidents. This means you can generally file a claim against your own policy to compensate for any damages you suffer in a car accident, regardless of who is at fault. However, you may still step outside the no-fault system and file a claim for damages in certain circumstances.
The no-fault system provides an important avenue of recourse for injured drivers, passengers, and pedestrians who suffer serious harm in a car accident. People who text and drive leave themselves vulnerable to claims, as an injured person can file a suit against them if one of the following exceptions to the no-fault system applies:
Texting and driving is not only dangerous, but it’s also illegal under Florida law. If you recently suffered injuries in a texting and driving accident, you may be able to collect compensation for any damages you suffered by stepping out of the no-fault system. Speak to a car accident attorney in Fort Lauderdale to find out today!