Hollywood Cell Phone Accidents
Many of us have a love-hate relationship with our cellular communication devices. We love the convenience of being able to call a friend to make plans to go down to the boardwalk and have dinner or to check in with our child at Hollywood Hills High School to see if sports practice is still on for the afternoon. At other times, it seems that all that a cell phone does is ring, beep, buzz, and distract us from what we are supposed to be doing. When the task at hand is driving an automobile, giving in to the temptation to pick up the phone or answer the text may cause a distracted driving accident. At Cohn & Smith, our experienced Hollywood cell phone accident lawyers see far too many cases in which serious injuries or death have resulted from a driver’s use of a smart phone or another electronic device.
Whether a driver is traveling at interstate speed along I-95 in morning rush hour traffic or cruising down Ocean Drive at sunset, using a cell phone may be a major distraction. Texting is especially dangerous – just glancing down to look at a message may take a driver’s eyes off the road long enough to cause a serious accident – but even “just talking” on a cell phone may adversely affect a driver’s attentiveness and judgment. This is true whether the driver is holding the cell phone in their hand or whether they are using “hands-free” technology. People who truly believe that they can “multitask” by carrying on a cell phone conversation without it affecting the safety of their driving are lying to themselves. Studies show that, even when using a hands-free device, a driver may miss up to half of the activity around them. Running a red light or failing to stop quickly enough when traffic slows down may easily result.Using Florida Negligence Law to Hold a Cell Phone User Liable for a Crash
Depending on the situation, it is possible that an at-fault driver might be issued a traffic citation (or even arrested) following a car crash caused by a cell phone or another distraction. However, this is a matter for the criminal courts, and it typically does little to benefit the accident victim. Instead, a cell phone accident attorney in the Hollywood area can help an injured person seek remedies through the civil court system via a negligence lawsuit. When a plaintiff files a negligence claim, they are basically asserting that the defendant has breached a legal duty that was owed to them and asking for monetary compensation in payment for the damages caused by the breach. For example, Florida law imposes a general duty on all drivers to keep a proper lookout. There are also duties to maintain a safe speed, obey traffic control devices, and yield the right of way to others in certain circumstances.
When cell phone use causes a driver to breach one of these legal duties, and this, in turn, is a proximate cause of harm to another individual, the injured person has a legal right to seek money damages in a court of law. The amount of compensation varies from case to case but typically includes medical expenses, lost wages, property damage, and pain and suffering.Schedule an Appointment with a Cell Phone Accident Lawyer in Hollywood
Florida has a statute of limitations that restricts the time that an accident victim has to file a claim against a negligent individual, business, or governmental entity. Claims that are not timely filed are usually dismissed by the courts. If you or a loved one has been hurt by a distracted driver, the Hollywood cell phone accident attorneys at Cohn & Smith offer a free consultation. To schedule an appointment with a knowledgeable car accident lawyer, call us today at 954-431-8100 or contact us online. We can advise you on the full extent of your legal options.