In Orlando, Kissimme and Central Florida
Studies have shown that cell phone use causes more impairment than alcohol intoxication while driving. After massive public campaigns against driving under the influence of alcohol we now have extremely stringent criminal laws against drunk drivers and very high public awareness of the danger it causes. Even though cell phone use is as or more dangerous, people simply do not take it seriously. Florida has no laws against cell phone use while driving. However, when a car accident is caused by a distracted driver, it is still negligence. If you have been injured in an accident caused by the other driver’s cell phone use, Florida car accident attorney David Best, P.A. can help.
Like many distractions, cell phone use while driving is not specifically against the law, but distracted drivers can still be held liable for the car accidents that they cause.
If that seems a little confusing, think of it this way. It would be completely ridiculous to outlaw having children in your vehicle, but if you turn around to scold your child and rear-end the car in front of you, you will be held responsible for the accident.
Texting vs. Talking Hands-Free
As you may imagine different types of cell phone use come with different levels of distraction. Most dangerous is texting. In places where there are laws pertaining to cell phone use, laws against texting while driving and laws requiring the use of hands-free devices for those who talk on the phone while driving are some of the most common. However, a study by the University of Utah found that drivers who talk hands-free are just as impaired as those talking on hand-held devices.
Proving Cell Phone Use in a Car Accident
Cell phone use is very compelling evidence of fault, but it can be difficult to prove. Drivers will rarely volunteer the information or even admit to it when asked. You may not have even seen that the other driver was on the phone. Witnesses may or may not have noticed. Because it is not against the law, police are unlikely to make an effort to determine if the driver was on the phone.
To find out and prove that the driver who caused your accident was using a cell phone, you need the help of an experienced car accident attorney who knows how and has the resources to thoroughly investigate your accident. We have several ways of determining if the other driver was on the phone during or just prior to the crash.
Witness interviews and footage from traffic light cameras or other surveillance cameras can sometimes reveal cell phone use. We can also subpoena cell phone records to prove the time of the call.