This program was established because distracted driving is dangerous. It doesn’t matter whether the distraction comes from cell phone use, eating while driving, doing makeup, or some other distraction; distracted drivers cause accidents and those accidents can be very serious. Drivers and passengers can be catastrophically injured and even killed. Hopefully this new program will help reduce the number and severity of distracted driving accidents that happen every day in Florida.

What the Program will Do

The program will create ‘safe phone zones’ where drivers can pull over and use their phones safely. Drivers will be alerted to the stops by billboards announcing when a safe phone zone is coming up on the road. Then the driver can pull over, use their phone, and get back on the road. There are currently 71 safe phone zones on Florida highways, with an additional nine planned under the program.

This program has been established on the heels of evidence that distracted driving is at least as dangerous as drunk driving. Researchers from the University of Utah recently studied this issue, finding that distracted drivers using a cell phone had delayed braking reactions, and are involved in more traffic accidents than when not using a cell phone.

Florida Distracted Driving Laws

As the law currently stands, there is a ban on using a cellphone’s texting function while driving. To be sure, under the “Florida Ban on Texting While Driving Law,” drivers are banned from texting and driving. But some argue that this law does not go far enough. One of the reasons is that while texting and driving is illegal, it is only a secondary offense. That means that a police officer cannot pull someone over for texting and driving unless the driver is doing something else that is against the law, for example, speeding or driving recklessly.

Beyond traffic laws, there are other laws that protect safe drivers from unsafe, distracted drivers. Personal injury law can compensate a victim of distracted driving. Under the law, every driver has a duty to drive reasonably. This duty is imposed on all of us to ensure that the roads are safe for everyone. If a driver breaches that duty, then they are financially responsible (liable) for the resulting injuries caused.

What to Do if Injured by a Distracted Driver

If you live in the Miami area and are injured in an accident by a distracted driver, contact us so we can evaluate your case. At Alan Goldfarb, P.A., we are prepared to advocate aggressively on your behalf to ensure you receive the compensation you deserve.

Licensees and invitees

The Florida Bar Journal offers a comprehensive overview of the types of considerations present in premises liability actions. The predominant considerations surrounds the “kind” of property, and the classification of the visitor. If I own a home and I invite you over for dinner, you are seen as a “licensee” under the eyes of the law. In short, this means I have a legal obligation to tell you of any known hazards on my property. If the bathroom sink dispenses scalding hot water, or there are two steps missing on the back porch, I can be held liable for injuries caused by these hazards if I fail to tell you about them. Consequently, if I did not invite you over and you are trespassing on my land and fall into a hole, my legal responsibilities to you are very different.

A higher standard exists in places like restaurants, stores, and other places open to the public. Not only does a landowner or manager have an obligation to warn visitors of adverse conditions, but they have a continuing duty to inspect the premises for possible dangers. Where social visitors at a person’s home are called licensees, people coming to a store or public area are called “invitees.” People owe invitees a higher standard of care than they do to licensees.

For example, it is not enough for a grocery store employee to clean up a spill; they have to 1) post something to notify customers the floor is now wet and may be a hazard and 2) check throughout the day to ensure the premises is free of other spills or hazards that could potentially be harmful to customers. The idea of the increased duty of a store owner stems from the fact they hold themselves out to be a place for the public to frequent. The public is essentially always invited to come to their premises, and the owner then has a responsibility to those people who take advantage of the invitation.

What Do These Classifications Mean For Me?

If you or someone you know has been injured or killed on the property of another, the liability of the property owner, tenant, or manager may depend on whether there was a licensee or invitee relationship between the parties. Regardless, both classifications are designed to ensure that visitors have rights when present on another’s property. Our knowledgeable, experienced premises liability attorneys at the Miami offices of Alan Goldfarb P.A. can help you receive the compensation you deserve for your injuries. We are familiar with your rights and the responsibilities landowners owe to you, and will work hard to ensure the best possible outcome for your case. If you have questions about a potential premises liability lawsuit, please contact us today.

Should I File A Lawsuit?

Deciding to file a lawsuit when you are suffering from an injury or loss can be difficult. If you have lost income due to missing work, your family lost their primary breadwinner, you have extensive medical bills, or if you will require long-term care due to injury or disability, you may be entitled to compensation. Deciding to file a civil lawsuit requires the preparation of a legal document known as a complaint. A complaint makes specific allegations about the wrongdoing of the person who allegedly injured you. After you file the complaint with the court, that person has to respond to your complaint in a document called an answer. In order to form a legal basis for the complaint, you need to be able to explain in detail what happened, the circumstances surrounding your accident, and information about your injury.

This process may require collecting medical records, hospital bills, medical opinions, and other documents and statements that may assist your case. While the lawsuit is ongoing, you may be required to disclose things of a personal nature, and you may need to talk about them in a deposition or other formal setting with the attorneys present. This fact may be a deterrent to litigation for some people, but having experienced attorneys on your side may help you in being able to preserve your confidentiality and help you navigate the process. Plus, disclosing information may also provide both parties more information to work with to negotiate a settlement.

Often, to save the time and cost of litigation and to try to come to an amicable resolution without trial, many civil cases will settle. Settlement is the process by which the party who allegedly did something wrong will pay the injured party a fair amount to settle the dispute. Though settlement is the most common option for receiving compensation in civil cases, sometimes cases will proceed to trial. At trial, you may be required to testify or have friends or family members testify. Trials can also have extremely favorable outcomes. The decision to settle or to try a case at trial depends on the unique needs, circumstances, and wishes of the injured party.

Miami Personal Injury Attorneys

At Alan Goldfarb, P.A., our dedicated, experienced Miami trial attorneys work hard to zealously represent our clients in various areas of the law. We seek to protect the injured victims of medical malpractice, vehicle accidents, job site accidents, and others that have been injured due to the negligence of another. We take the time to make sure our clients understand the legal process, participate in settlement negotiations, and to ensure the most favorable outcome possible. If publicity of any kind is undesired, we will take care to work to negotiate confidential settlements. If you or anyone you know is considering filing a lawsuit, the first step is to contact an attorney today.