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What To Do After a Cell Phone Car Accident In Florida


Have you recently been involved in a car accident in southwest Florida because the other driver was using their cell phone while driving? If so, here are a few things you should be aware of and what to do after a cell phone accident in Florida.

Florida Cell Phone Law

Florida has a Ban on Texting-While-Driving law that makes it illegal to operate a motor vehicle while using a cell phone or other wireless communication devices while driving to email, call, text, or instant message. This law also applies to the reading and sending of messages or data while driving.

However, Florida drivers can still talk on the phone while driving, but they need to be using a hands-free device in certain designated areas such as a school zone, work zone, and construction zone. You can also legally text when waiting at a red light, and drivers of emergency vehicles or those reporting a crime are exempt from the cell phone law.

Distracted Driving

Using a cell phone while driving can be put into the same category as other distracted driving offenses. Did you know that motorists talking on cell phones are actually responsible for causing nearly 25 percent of accidents? Additionally, one in five adults has admitted to texting while driving.

Using your phone while driving increases your risk of a car accident and is time your eyes spend off the road. People who text and drive are also more likely to cause an accident than even a drunk driver.

It is negligent behavior that puts other motorists and passengers at unnecessary risk. If you or a loved one has been involved in an accident because of this negligence, then you should discuss your case with a qualified and experienced personal injury attorney.

A personal injury attorney can explain the process of filing a claim and receiving compensation for damages and injuries sustained due to the accident and the negligence of the other driver. Monetary compensation can help pay for medical expenses resulting from the accident, lost wages, and other costs related to the accident.

The Process of Filing a Claim

Motorists found to be using their phones while driving and who get into an accident may face high fines, jail time, and license suspension. An insurance company won’t ask for phone records when you purchase coverage.
However, the insurance company may request phone records if the insured driver was involved in an accident involving a cell phone and subsequently made a claim.

The insurance company uses the phone records to investigate your actions and the role you may have played in the accident. The records can sometimes be used to deny an insurance claim, depending on what they find.

As you can see, it can be a long and complicated process, no matter what side of the accident you are on. However, with the right attorney on your side, you can navigate the process more easily, and if you were injured, you would have a better chance of securing compensation following your claim.

So, before speaking to the insurance company, discuss the case with your Florida personal injury attorney and see what your next steps should be following the accident.

Remember, insurance companies will only pay out on claims that are made within a certain timeframe, so you always want to report accidents as soon as possible, especially if you want your claim to be settled as soon as possible as well.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

What To Do After a Cell Phone Car Accident In Florida

Goldman Babboni Fernandez
Murphy & Walsh




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