Officers investigating the wreck determined that the negligent driver was partaking in a text message conversation when he spun out and hit the trooper, according to the Miami Herald. Police analyzed phone records and data from the vehicle’s airbag to arrive at the conclusion about texting and speeding.

The negligent driver turned himself in to the police and was charged with reckless driving with bodily injury and reckless driving with property damage, according to the aforementioned Miami Herald article.

The trooper hit by the texting driver had to be transported to the Ryder Trauma Center at Jackson Memorial Hospital. Doctors indicated that the trooper suffered major injuries to his face, spine and lower extremities necessitating surgery.

Texting and Driving is a Serious Safety Hazard

In 2015, approximately 3,477 people were killed and 391,000 were injured in motor vehicle accidents involving distracted drivers, according to the National Highway Traffic Safety Administration (NHTSA). It has been reported that over 600,000 drivers use cell phones while driving, which creates the serious risk of auto accidents resulting in death and debilitating injuries.

Studies have shown that texting while driving is equivalent to consuming four beers, according to Brain Injury Society. NHTSA conducted a study comparing texting while driving to drinking and driving. The federal agency determined that the impairment levels were shockingly similar.

Florida Law on Texting and Driving

Texting and driving is against the law in Florida. However, drivers continue to text behind the wheel and get away with it because Florida is one of just five states where texting and driving is not a primary offense, according to Fox 13 News. State lawmakers are working to change this and have filed new bills that would give police officers the power to pull you over simply for texting and driving. House bills 47 and 69 would also double fines in school zones and make texting while driving a primary offense for drivers under 18, according to the aforementioned Fox 13 News article.

Pursue Financial Restitution for Your Harms and Losses

If you or a loved one was injured by a careless driver who was texting while behind the wheel, you need to speak to an experienced Miami car accident lawyer today. A lawyer can help you in pursuing financial restitution for your harms and losses including medical expenses, lost wages and pain and suffering.

Miami Personal Injury Attorneys are Here to Help

Our team of Miami lawyers understands and appreciates how difficult recovery from a serious auto accident can be. We are here to help. Contact Alan Goldfarb, P.A. at (305)371-3111 or call toll-free at (866)936-9761 so we can talk about your situation.

Resources:

miamiherald.com/news/local/community/miami-dade/article149806134.html

nhtsa.gov/risky-driving/distracted-driving

bisociety.org/texting-while-driving-vs-drunk-driving-which-is-more-dangerous/

fox13news.com/news/local-news/225718004-story

A man was killed and another one injured as a result of an accident involving a BMW and a Publix truck on US Highway 1 one recent Tuesday morning. The crash, which occurred in the early morning hours, shut down both sides of the highway as authorities worked to clear the wreckage and tried to assess what happened. The driver of the BMW was killed, and his passenger transported to an area hospital, though the driver of the truck was not physically injured. According to reports, the driver’s cell phone was found near his hand.

Distracted Driving – Dangerous And Deadly

While there is no determination in this case whether the accident was the result of distracted driving, the discovery of the cell phone near the driver’s hand does bring the possibility to light. Distracted driving – in particular, texting while driving – is a growing problem as society in general becomes more and more dependent upon technology and social media. The dangers of texting and driving are well documented and known to all of us, yet the practice shows little signs of stopping. Distracted driving in general is any type of activity, whether mental or physical, that causes a driver to take his or her focus off the road. It may be caused by any kind of electronic devices such as cell phones, DVD players, the radio, and navigation systems, other distractions both inside and outside the vehicle such as other passengers’ activities or an animal on the road, and even a driver’s wandering mind.

The Name Says It All

Florida law prohibits texting while driving – which can easily be determined just by the name of the law itself – “Florida’s Ban on Texting While Driving Law.” Enacted with the intent of improving safety on the roads for everyone using the road, preventing crashes, and reducing the human and property costs of crashes caused by texting and driving, the law authorizes police officers to cite drivers who are texting while driving – but only as a secondary offense after having been pulled over for another reason. Exceptions to the law are in place for those using electronic devices for valid reasons while behind the wheel, such as those working as emergency personnel, or to receive emergency or safety information, or for those using hands-free technology; in general, however, the ban applies to everyone behind the wheel of a vehicle being operated on Florida’s roads.

Have You Been Injured In An Accident Involving Distracted Driving?

If you or someone you love has been injured in an auto accident caused by distracted driving, it is important that you speak with an attorney to learn about your rights and responsibilities under Florida law. You may be entitled to compensation for your injuries and losses, but you will need to take prompt action to ensure you do not lose those valuable rights. The Miami attorneys at the office of Alan Goldfarb, P.A. will work with you to determine the best case strategy to maximize your results and will fight hard for your rights every step of the way. Contact us now so we may help you get the results you deserve.

Resource:

local10.com/traffic/fatal-crash-involving-publix-truck-bmw

Studies by groups like the National Highway Traffic Safety Administration (NHTSA) have given statistical proof to what people have known for years now: there are close parallels between the lack of control people experience while using cell phones while behind the wheel and the effects of driving while intoxicated.  Government studies of impairment in drivers who were texting while behind the wheel showed approximately the same rates of impaired driving, things like weaving into oncoming traffic, delayed braking, following too closely, etc., as were seen in drivers who had consumed four beers before operating a motor vehicle.

Enforcement crackdowns by police departments, less leniency in the courts, and extensive public awareness campaigns have caused the number of drunk driving fatalities in the United States to drop by around 25% over the last few years, but during this same time period the number of accidents that were caused by distracted drivers has increased by 22%, resulting in very little improvement in the overall safety of our nation’s roadways.  Texting while driving alone, according to the NHTSA, causes about 25% of all car accidents in our country; about 1.6 million each year.

Changing Laws

States and individual cities across the country have been rapidly passing laws to regulate the use of cell phones by drivers over the last few years, and at this time 41 states have made it illegal for people to text while driving.  In 11 states drivers are prohibited from using hand held cellular phones entirely.  The number of locations with these types of statutes is growing rapidly, so if you feel that it may be necessary for you to use your cell phone while driving it is a good idea to know what the laws in the areas you will be traveling through are in this regard: in many jurisdictions fines for violations can be substantial.

As of March 2016, It is currently not illegal to use a handheld or hands free cell phone for voice calls in the state of Florida, however it has been illegal since 2013 for any driver to text while operating a vehicle.  Texting while driving is considered a secondary offense, so a law enforcement officer cannot stop a driver for only that reason: there must be an underlying violation of some sort to initiate a traffic stop, at which point the driver may be ticketed.

Contact An Experienced Miami Car Accident Attorney

If you or somebody you know has been injured by a distracted driver in the Miami area, the attorneys at the office of Alan Goldfarb, P.A. can help.  Our legal team has the experience necessary to fight the insurance companies to make sure you get the full recovery you are entitled to.  In legal proceedings time is always of the essence, and we encourage you to speak with a member of our staff at 305-371-3111 or online today.

What is Distracted Driving?

The National Highway Traffic Safety Administration describes three type of distracted driving: visual (taking your eyes off the road), manual (taking your hands off the wheel) and cognitive (taking your mind off driving). Texting while driving involves all three; to be sure, it is visual (you look at your phone), manual (you pick up your phone) and cognitive (you think about about the contents and a possible response). Since the driver is distracted on all levels it is easy to cause an accident. In fact, the National Safety Council reported that nearly 28 percent of crashes involve texting drivers.

Minimize Distracted Driving

It can be difficult to predict what another driver may do while in the road. You may also choose to participate in a simulation to help keep the road safer by then choosing not to drive while distracted. A few simple actions can help drive less distracted:

• Have a designated phone operator. Ask one of your passengers to manage your phone for you.
• Place your phone out of reach or place it on silent mode. This way you are not distracted by notifications and tempted to respond.
• Use a handsfree device. This option is required in many states and is a good option for staying connected while driving.
• Set up your GPS before you leave. This will help keep you focused on driving to your destination instead of search for directions.

Let an Attorney Help

It is clear that legislators are learning about the dangers of distracted driving. In fact, Florida legislators will consider revising Florida’s text message ban this year. In the meantime, distracted drivers will continue to cause accidents. If you have been in an accident with a distracted driver, then you should speak with an attorney. The Miami distracted driving accident attorneys at the office of Alan Goldfarb, P.A. can help you with a distracted driving claim and ensure you are able to fully recover from your accident. Please contact us today to schedule a consultation.

Texting and Driving is a Secondary Offense

The National Highway Transportation Safety Administration reports that that at any moment in time there are nearly 660,000 drivers using cellphones or distracted by other handheld devices while driving. Sadly, these drivers cause nearly 3,154 fatal accidents each year. In an effort to decrease the number of accidents caused by distracted drivers in Florida, lawmakers have reintroduced a modification to the law that would authorize law enforcement officers to enforce Florida’s texting and driving laws. The Florida Ban on Texting While Driving Law makes texting and driving a secondary offense. This means that law enforcement officers do not have the authority to stop a driver just for texting and driving. To be sure, there has to be another reason for a stop before an officer can issue a citation for texting and driving.

Lawmakers will make and Driving a Primary Offense

Florida’s lawmakers have recognized that law enforcement’s inability to regulate texting and driving has only allowed the behavior to continue, resulting in traffic accidents and fatalities. House Bill 537, introduced by republican W. Keith Perry, revises Florida’s law and makes texting and driving a primary offense. This change would finally give police officers the authority needed to stop drivers and issue citations for texting and driving. If the new law passes, it would go into effect on October 1, 2016.

Drivers don’t fear Consequence of Texting and Driving

This change in the law is very important as a survey conducted by State Farm Insurance Co. reveals that cell phones use has decreased, but texting while driving has remained nearly the same. Furthermore, using a device to access the Internet has nearly doubled going from 13 in 2009 percent to 29 percent in 2015.

Seek Help from an Attorney

While we all understand the dangers of distracted and texting driving, drivers never believe they will cause an accident that may seriously or fatally injure another person. This change in Florida may cause drivers to think twice before texting and driving, but it’s almost certain that accidents caused by texting drivers will still occur. If a texting driver has injured you, the Miami attorneys at the office of Alan Goldfarb, P.A. can help you seek compensation for your injuries. Contact us today at 305-371-3111 to schedule an appointment to talk about your accident.

Unfortunately, even with an abundance of campaigns, distracted driving still occurs. Here are some important reminders about how to avoid distracted driving, as well as causing a car accident this season.

What is Distracted Driving?

Not all drivers realize that distracted driving is more than the act of taking your eyes off the road. The National Highway Traffic Safety Administration describes three type of distracted driving:

• Visual Distractions: any action that causes a driver to take their eyes off the road. This includes checking phone messages, rummaging through your bag or locating your morning cup of coffee for before a quick sip.
• Manual Distractions: any action that causes a driver to take their hands off the wheel, which impairs a driver’s vehicle control, and reduce a driver’s reaction time. This includes adjusting the radio, messaging, and sending emails.
• Cognitive Distractions: any action that takes your thoughts away from driving. This includes things that we may not see as distracting such as mulling over the day’s events or rehearsing a speech for an important event.

Usually, distractions are combined. Texting is a visual, manual and cognitive distraction, increasing a driver’s chances of causing an accident. In fact, the National Safety Council reported that nearly 28% of crashes involved a driver talking or texting.

How Can I minimize Distracted Driving?

It is clear that driving while distracted is dangerous, and yet drivers continue to operate vehicles while focusing on something other than driving. Most of us can recall being in the car with a driver who was doing something other than driving. It is hard to change behavior overnight, but these tips can help you decrease your distracted driving:

• Avoid texting and driving. Designate a passenger to operate your cell phone if you need to stay connected while driving.
• Make sure your teen does not drive distracted. If you have a teen driver, then make sure you make it clear that texting and driving is forbidden.
• Plan your trip before you start driving. Look up driving directions and place them in your GPS before you start driving.
• Turn your phone off. Or place your phone on silent while you are driving so that you are not tempted to answer calls while driving. If you must use your phone, use a hands free device.
• Adjust your radio or music stream when you are at a red light.

Let an Attorney Help

Distracted driving often leads to serious accidents. If a distracted driver has injured you or a loved one, then you may need help from an attorney. Please contact the Miami distracted driving accident attorneys at the office of Alan Goldfarb, P.A. We can advise you on the best way to file your claim and help you recover fully from your accident. Please contact us today to schedule a consultation.

Distracted Driving is Dangerous

Texting and driving distracts drivers on three different levels: visually (takes the driver’s eyes off the road), manually (takes the driver’s hands off the wheel) and cognitively (takes the driver’s focus of driving). Similar to drunk drivers, distracted drivers have slower reactions times and are likely to drift in between lanes causing serious injuries and property damage.

Texting and Driving is Illegal in Florida

Texting and driving is so dangerous that 46 states have the act. Florida law bans texting while driving, as well. Lawmakers passed the law with the intent of:

• Improving road safety for all vehicles, passengers, cyclists and pedestrians;
• Preventing collisions caused by texting;
• Reducing victim injuries and deaths;
• Decreasing property damage; and
• Avoiding increased health care and car insurance rates.

This law may not be as effective as Florida lawmakers had envisioned. This is because texting and driving is only a secondary offense. This means that police officers must first pull over a driver for another traffic violation (e.g. speeding, failure to stop) in order to cite the driver for texting while driving. As such, it is not much of a deterrent for many drivers statewide.

Victims of Distracted Drivers May Seek Punitive Damages

Of course, if you are injured by a driver who was texting, Florida law may allow you to file a personal injury action. Furthermore, you may also be able to seek punitive damages for your injuries. Courts may award punitive damages to victims when the responsible party acted carelessly or recklessly. Since texting and driving is extremely reckless and dangerous, courts may decide to award victims punitive damages as a punishment and future deterrent for others.

Contact an Attorney for Help

Victims of distracted drivers may be able to seek damages to help them recover from their economic and noneconomic injuries. If you have been injured in a car accident and you believe the other driver was distracted, please contact the Miami accident attorneys at the office of Alan Goldfarb, P.A. We can advise you on the best steps for recovering from your injuries and help you seek punitive damages. Please contact us today to schedule an appointment.

• Cognitive Distractions: an activity that takes the driver’s mind away from driving.
• Visual Distractions: an activity causes the driver to look at anything other than traffic.
• Manual Distractions: an activity that causes the driver to take their hands off the wheel.

Texting while driving encompasses all three types of distraction. Other examples of distracted driving activities include:

• Talking on the phone;
• Eating;
• Drinking;
• Talking with passengers;
• Changing the radio;
• Grooming;
• Reading;
• Using GPS; or
• Watching videos.

The FDOT has estimated that drivers are 23 times more likely to cause an accident if they are texting and driving. In an effort to prevent accidents caused by distracted driving, Florida and other states have prohibited the use of cell phone while driving. While it is still legal to use a handheld device in Florida, other states completely ban the use of handheld devices while driving. The FDOT’s new ad campaign focuses on getting drivers to simply put down phone by downloading smartphone applications that will read text messages, or even prevent incoming text message while driving. Alternatively, the FDOT campaign encourages drivers to designate a passenger to read and send messages so that the driver can focus on the traffic.

Unfortunately, cell phones are a dominant part of American culture and their prevalence has fueled an increase in distracted driving and the accidents they cause. Texting while driving creates a deadly risk to drivers and innocent pedestrians. When a driver sends a text while driving they take their eyes off the road, or handheld device, for approximately 4.6 seconds. Driving at a rate of 55 miles per hours it’s like driving the length of a football field with a blindfold. This is more than enough distance to cause a life changing and devastating accident.

Contact an Attorney

Florida’s ban on texting while driving acknowledges the danger of distracted texting. If you or someone you know has been injured in a car accident and you suspect the other driver was texting while driving, then you may need to contact an attorney. You may be able receive compensation for loss wages, medical bills, property damage, and other losses. The Miami distracted driving attorneys at our firm can guide you through a legal claim for the best possible outcome. If you have any questions about a possible claim, contact Alan Goldfarb, P.A. today and let us talk to you about your case.

Recently, a distracted driver in Palm Beach jumped a drawbridge as it was opening because the driver was distracted by his GPS, a modern way to use maps. Florida has banned driving while texting, but there are still traditional forms of distracted driving that can cause an accident, including:

• Eating;
• Drinking;
• Personal grooming;
• Reading;
• Adjusting a radio;
• Reading a map;
• Reaching for an object; and
• Attending to a pet or child.

Unfortunately, Florida still allows drivers to use cell phones while driving. More importantly, a police officer would only issue a ticket for driving while texting to a driver they pulled over for another offense (e.g. failure to stop, running a red light) and would not pull a driver over for simply holding a cell phone while driving. This means drivers are still texting, driving and causing accidents.

What happens if someone is driving while texting and causes an accident?

A distracted driver may be liable for injuries caused in an accident. If you were in an accident with a driver and you suspect they were texting when the accident occurred, then you may be able to hold the other driver liable by filing a personal injury claim.

What should I do if a driver caused an accident because they were texting?

Make sure to collect all the information you can after an accident. Here are a few quick reminders of the information to collect and important next steps:

• Ask for the other driver’s information: make sure to get insurance information from the other driver.
• Collect information from witnesses: if there are witnesses make sure to quickly get their contact information.
• Document the accident: use your cell phone camera to take pictures of the damage to your car and the other driver’s car.
• Get a copy of the policy report: if the other driver was issued a ticket this will be key to your claim.
• Seek medical care for your injuries: make sure to see a medical professional if you have any injuries or begin to feel symptoms.

All accidents take an emotional and financial toll on those not at fault. Regardless of the circumstances surrounding the accident, if you or someone you know has been injured in a car accident, you may be entitled to compensation. This compensation can include pain and suffering damages, medical expenses, lost wages, property damage, or other losses. The Miami personal injury attorneys at Alan Goldfarb, P.A. know how to approach these cases to give you the best possible outcome. If you have any questions about a possible claim, contact us today and let us talk to you about your rights.

This amazing statistic raises the question: why would parents send this message to their children? The study addressed this question in part when parents responded that they know texting and driving poses a great risk to their children, even that it could cause their death. But while parents tell their children not to engage in distracted driving, the way the parents drive themselves sets a different tone entirely. The National Safety Council wants to help change this trend, and has put together a number of tools for parents to fix America’s distracted driving problems. Some of those tools include:

• driveithome.org – a website with videos, tutorials, blog, and other resources for parents and teens regarding safe driving.
• The Steer Your Teen in the Right Direction presentation – this is a presentation that can be downloaded for anyone to use as a way to raise awareness on teens driving safely.

There are many reasons why parents should use these resources and take distracted driving seriously, especially for the safety of themselves and their children.

Florida’s Laws on Distracted Driving

It is against the law to use electronic devices while driving under Florida’s ban on texting while driving. Passed in 2013, the purpose of this law is to:

• Improve the safety of roads for all Florida drivers;
• Prevent crashes that are increasingly being caused by texting, tweeting, or emailing while driving; and
• Reduce the amount of deaths, injuries, and damage to property that inevitably comes from texting and driving.

Basically, the law makes it illegal to type on any device that sends or receives data while driving. That means cellular phones, tablets, laptops, and other electronic devices are off limits to drivers. While this law can be an effective tool, it also has some problems. For example, this particular law makes texting while driving a secondary offense. That means a police officer can only cite a person for violating this law if they happen to be violating another law as well, such as speeding.

Beyond being against Florida’s traffic laws, driving distracted by using a phone or other device opens a driver to civil liability. Under common and statutory laws in Florida, drivers have a duty to drive reasonably and safely. If they breach that duty and get in an accident as a result, they will be liable for the damages they cause. This can mean injuries, hospital bills, damaged cars, lost wages and more. And in addition to being responsible for their own driving, parents could be liable for how their kids drive as well. Under Florida’s dangerous instrumentality laws if a parent owns the vehicle their teen drives they could be liable for accidents they cause as well.

Reach Out to Us Today

Distracted driving is a major problem in the Miami area and throughout Florida. Dealing with an accident caused by a distracted driver will disrupt a person’s life and cause a number of changes. If you have been injured in an accident in the Miami area, contact us at Alan Goldfarb, P.A. We prepared to fight for you in your case.