Prior to January 1, 2019, drivers in Florida could only be cited for texting if an officer pulled them over for an offense such as speeding or making an illegal U-turn and learned they were texting while driving. Florida Governor Ron DeSantis then signed a bill into law that took effect on January 1, 2019. The new law says that texting while driving is now considered a primary offense and an officer can pull a vehicle over for it.
Drivers who are found violating the law for the first time will receive a fine of $30.00 and may incur court fees, according to the City of Miami Springs. Drivers who commit the offense for a second time will be fined $60, incur court fees, and have three points added to their license.
Florida, like many other states, decided to enact laws that prohibit texting while driving to help make roadways safer as cellphones currently serve as a top contributing factor in motor vehicle crashes. In 2018, the year for which the most recent data is available, over 2,800 people suffered fatal injuries in distracted driving accidents and another 400,000 people suffered injuries.1
Legal Remedies Available to Victims of Texting While Driving Accidents
Because texting while driving is dangerous and a violation of the law in Florida, those who suffer injuries in these types of accidents are often entitled to recover compensation to make up for how the accident has impacted their life and livelihood. How do they do this?
It starts by contacting a Miami, FL personal injury lawyer. A lawyer will first review all the details of the accident and determine what avenues a victim can take to recover the compensation they are due. This might include filing an insurance claim with the at-fault party’s insurer or even the driver’s carrier as it is generally required for an individual to recover benefits under their personal injury protection (PIP) policy first.
If there isn’t enough insurance coverage available, a Miami, FL personal injury attorney will then decide if it is in the victim’s best interest to sue. Now, it is worth noting that there is a time limit to get a lawsuit filed, which is currently set at four years from the date of the accident. This time limit is referred to as the statute of limitations.
Connect with a Miami Personal Injury Lawyer Now
Because most distracted driving accident victims have many questions they cannot find the answers to, they are encouraged to contact Mario Trespalacios P.A. to discuss them with a qualified attorney. The lawyers at Mario Trespalacios P.A. will help an accident victim understand their right to compensation and explain why it benefits to retain a legal expert following a car crash in Miami.
Mario Trespalacios P.A. can be contacted at:
9495 SW 72 Street, Suite B-275
Miami, FL 33173