Florida Personal Injury Blog
The Perazzo Law firm Miami and North Miami Beach Car Accident Attorneys offer best advice after a car accident involving negligent Cellphone use while behind the wheel of a car.
It’s a hard fact that motorists just can’t seem to be able to avoid using their cellphones while driving, be it either texting, leaving or listening to voice messages or yapping while behind the wheel of their car, truck, or even their motorcycle or ATV. Florida ranks 2nd in the USA when it comes to accidents resulting from negligent use of cellphones behind the wheel, and despite cellphone use being worthy of a moving violation, it is in fact a secondary offense which can lead to a citation once pulled over for a primary offense. Nevertheless, negligent cellphone use related accidents are on the rise on Miami streets and highways, with many of them leading to serious personal injury. The car accident lawyers at the Perazzo Law Firm have vast experience representing injured parties that have fallen victim to motorists negligently using their cellphones while driving.
Hard Facts About Negligent Cell Phone Use behind the wheel.
According to the National Safety Council, some 1.6 million motorists crash because of using their cellphones while behind the wheel of their car. A large number of these accidents are the result of texting while driving, which accounts for close to 400,000 car accidents annually. Texting and driving is by far one of the most common cause of car accidents on US highways and city streets. Miami has an ever growing number of car accidents occurring as a result of texting and driving. When a motorist is either writing a text or reading a text message of his/her cell phone, their attention from the road is depleted by around five seconds, at high speeds, that’s a pretty long distance. Drunk Driving while texting is also a major cause for concern, especially among young people who rely on their cellphones to be constantly in touch with their peers. Teen drivers are at a high risk of crashing their cars while using their cellphone as the NSC reports, their chances of being in a car accident rise by 500% when they are friends in the car. The rate of fatality is also very high among teens as 10% of all fatal car accidents involved negligent cellphone use. According to the official reports, everyday, some 700,000 motorists use electronic devices such as cell phones, headsets, dash cams, or ipads while operating either operating a car, SUV, motorcycle, or even an ATV on Miami Beach.
What happens when you are the victim of a car crash in Miami as a result of negligence because of cellphone use by a motorist?
Most often, the driver of the vehicle that causes a car crash will deny having been using their cellphone at the time of the accident. Depending on the severity of the injuries involved as a result of the accident, the police authorities may take possession of the phone as evidence, especially in cases that involve a fatality such as negligent manslaughter or vehicular homicide. If deemed necessary and according to the severity of the personal injury involved, our attorneys can present a Spoliation Letter, which requires the negligent party to preserve the phone and its contents for use in the trial proceedings.
If you or a passenger have suffered severe personal injury, a visit to the hospital emergency unit is highly recommended. All records of any treatment received by healthcare practitioners should be kept and recorded in the event the injured party decides to seek compensation for injuries or to present to the corresponding insurance providers. It’s vital to follow-up on any medical care if prescribed and contact the Perazzo Law Firm immediately to determine whether or not there are grounds for a legal claim for compensation to cover the accident victim’s personal injuries, property damages, or losses. The Perazzo Law Firm also recommends motorists to purchase and install a dash-camera in the vehicle to help prove car accident liability and fault in the event of a future accident.
The Car Accident Lawyers at the Perazzo Law Firm’s North Miami Beach office represent car accident victims who have suffered personal injury, property damage, or loss due to the negligence of motorists that use their cellphones while driving.