Best & Anderson, P.A. Personal Injury Blog

Although cell phone use while driving is not yet against the law in Florida, distracted drivers can still be held responsible for their negligence. Proving cell phone use can be an important factor in establishing fault in a car accident lawsuit. Cell phone use rarely turns up in routine accident investigations, but experienced Florida car accident attorneys David Best, P.A. and Dutch Anderson, P.A. will conduct a through investigation and dig deep to get the evidence in your case.

Cell Phone Distraction and Impairment
As you might expect, studies have found that texting, is far more distracting than talking on the phone. The acts of dialing and reaching for the phone, are not as much of a problem as texting, but are still more distracting than the conversation. You might be surprised to learn than hands-free conversations are just as bad as talking on a handheld device.

Several studies have found that drivers engaged in cell phone conversations are as or more impaired than legally drunk drivers. These studies also found that there is little or no difference in the impairment level of those talking on hand-free vs. handheld devices.

How We Can Help You Prove That Cell Phone Use Caused Your Accident
We have several ways of proving that the other driver was using a cell phone during or just prior to your accident. Thorough questioning of witnesses is a start, but we then follow up by subpoenaing phone company records and obtaining footage from traffic cameras if cameras were present at the scene.

If you have been injured in an auto accident that you believe was caused by the other driver's cell phone use, please contact Florida car accident attorneys David Best, P.A. and Dutch Anderson, P.A. to schedule your free case evaluation right away.

If you are injured in an accident caused by an uninsured driver, you may not be able to collect all of the compensation that you need and are entitled to, but that does not mean you should not pursue your case. There may be more compensation available than you are aware of. Experienced car accident attorneys David Best, P.A. and Dutch Anderson, P.A. will thoroughly investigate your accident and your options to help you and your family recover from your accident.

You May Still Receive Partial or Total Compensation
Before you assume that you are out of luck just because the other driver was uninsured, you should consider two things:

• Your own insurance policy may cover part or all of your damages
• There may have been a third party to blame for your accident

Collecting From Your Own Insurance Company
Under Florida law, every auto insurance policy includes personal injury protection (PIP) of $10,000. This covers the policy holder no matter who was at fault for the accident and pays for the first $10,000 of you medical expenses and lost income whether or not the other driver had insurance.

You may actually have uninsured/underinsured motorist protection and not even know it. It is automatically included in certain types of Florida auto insurance policies unless the policy holder rejects it.

Collecting From Other Responsible Parties
A thorough investigation of your accident may reveal that someone else was actually responsible for your accident. For instance, if your accident was caused by faulty brakes or defective tires, you may have a product liability case against the auto manufacturer or dealership. If roadway defect is the cause, such as an intersection that is known to be dangerous and left uncorrected, then the city, county, or state may be held responsible.

If you have been involved in an accident with an uninsured driver, please contact Orlando, Florida car accident attorneys David Best, P.A. and Dutch Anderson, P.A. today.