Cell Phone Related Accidents
It’s a hard fact that motorists just can’t seem to avoid using their cellphones while driving, be it either texting, leaving or listening to voice messages or talking while behind the wheel of their car, truck, or even their motorcycle or ATV. Motorists and GPS distraction also seem to go and hand and hand. 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 cell-phone-use related accidents are on the rise on Miami streets and highways, with many of them leading to serious personal injury. The Perazzo Law Firm has vast experience representing injured parties that have fallen victim to motorists negligently using their cellphones while driving in Miami.
WHAT HAPPENS IF I FALL VICTIM TO A NEGLIGENT MOTORIST ACCIDENT?
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. Unfortunately for them, and given our vast experience handling cases of car accidents involving motorists distracted by cell phone use, there are a number of ways the Perazzo Law firm personal injury staff of attorneys can prove otherwise. In the event that one of our Personal Injury clients takes their case to trial, our attorneys may subpoena the cellphone carrier to provide phone records at the time of the accident in order to build a case to prove whether or not the motorist that caused the accident is indeed liable as a result of negligent use of the cell phone while operating a motor vehicle. 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. It’s important to point-out that modern cellphones not only store recent activity, but can also record practically everything the motorist that caused the accident was doing at the time of the accident, from the speed the vehicle was doing, to the lane in which it was driving and even the music the driver was listening to, all of which can be used to recreate the accident to be used in our client’s favor. 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. Failure to do so may have a negative impact on the negligent party’s case and sway the court to rule in favor of the accident victim. In all car accidents cases, whether as a result of negligent use of a cellphone while driving or any other factors, the Perazzo Law Firm car accident attorneys and staff are committed and skilled on how to obtain the most favorable results for our personal injury clients.
TEXTING AND DRIVING LAWS IN FLORIDA
Texting & Driving is one of the leading causes of car accidents today, with thousands of accidents taking place everyday on Florida avenues, streets and highways. The Governor of Florida has recently signed a bill that will allow the authorities to stop motorists spotted texting & driving while behind the wheel and in motion. Nevertheless, drivers will be able to use their mobile device while their car, SUV, or truck are not in movement. Even though texting & driving has been illegal for many years now, cops have done little since they aren’t allowed to pull drivers over even if spotted texting & driving. In fact, there were only 1700 citations throughout 2018 to those caught texting & driving. Though the bill focuses on reducing the number of accidents caused as a result of distracted motorists using their cell phone to send & read text messages, it also aims to educate motorists on the grave consequences that come from texting & driving accidents in Miami & other cities where texting & driving accidents are more common. Motorists will not be allowed to text & drive but they will be allowed to use the cell phones to talk, use GPS services, check weather forecasts, and read emergency messages. As of January 1st, 2020, motorists caught with their fingers on the keypad will be issued tickets of $30 plus court fees. Repeat offenders will lose points & their licenses.
WERE YOU INJURED AS A RESULT OF A MOTORIST AND NEGLIGENT CELL-PHONE USE?
The Perazzo Law Firm advises individuals involved in an accident to first and foremost, make sure that they or any passengers in the car are safe and sound. Florida law dictates that the car must be removed off the roadway if possible, but that doesn’t mean you must put your life in danger. That said, they should try to move the vehicle off the roadway or to the side of the street, and in the event that the vehicle is inoperable or if there is a fuel leakage, they should immediately turn off the car. Before moving the vehicle, the Perazzo Law Firm Miami car accident attorneys recommend taking photos of the crash scene and the vehicles involved to show the severity of the impact and to determine how the accident occurred, because once the cars are moved, it may be difficult to prove how the incident actually happened. When safe to do so, the accident victim or victims should contact the authorities to report the incident and/or paramedics if there are injured parties involved in the car accident. 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 car accident staff 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 bottom line is that people in Miami are crashing their cars because of using their cellphones while driving, and this is causing personal injuries, property damage, and loss to many Miami residents, including motorcycle riders, bikers, skaters, and even pedestrians.
Head and Neck injuries are very common in car accidents that happen in Miami. Perazzo Law reminds car accident victims that suffer head or neck injuries that these types of injuries require immediate medical attention. That's why Perazzo Law recommends that car accident victims that suffer blows to the head request that rescue units take them to a local healthcare facility to rule-out injuries following a car accident in Miami. A head injury can include facial injuries caused from shattered glass or impact with one of the interior parts of the vehicle such as the airbag. Facial injuries can result in cuts, bruises or lacerations which can lead to permanent scars. Permanent scars can effect a car accident victim's life and cause mental trauma if the scar produces a significant change in the car accident victim's personal appearance. Loss of vision can also be linked to head injuries from a car accident. Perazzo Law serves head, facial, and neck injuries for their personal injury car accident clients and strives to make sure they receive the compensation they deserve for their injuries and losses.
Common Facial Injuries:
- Cuts, bruises, lacerations
- Eye injuries
- Ear injuries
- A broken nose
- A broken jaw
- A busted eye-socket
- A cracked cheek bone
- Blurred vision
- Temporary loss of hearing
- Brain Injury or Damage
- Temporary Paralysis
- Internal Hemorrhaging
- Neck and Back Injuries Can Include:
- Disc Damage
- Spinal Cord injury
- Long-term physical complications
Perazzo Law Shares Information on the Main Injuries Suffered in Car Accidents
If you, a family member or loved one has suffered personal injury, property damage or loss from an accident resulting from the negligence of a motorist who was using a cellphone while operating a motor vehicle, the Perazzo Law Firm urges you to contact us ONLINE or Call (786) LAWS-411 for a FREE initial consultation about an accident or possible insurance claim.