Different states have different laws regarding the usage of cellphones while driving. In Florida, there are currently no prohibitions against the usage of cellphones. There is no requirement that the cellphone be linked to a hands-off device.
Although there is no prohibition against the use of cellphones while driving in Florida, if there is evidence that a cellphone was being used and contributed to the car accident, a personal injury attorney could use this as proof of negligence on the part of the at-fault driver in a car accident.
At the Alachua County law office of Fine, Farkash & Parlapiano, P.A., our attorneys are aggressive in their defense of your rights after you have been injured in a car accident caused by cellphone use. Car accidents and cell phone use are definitely linked, as many studies have shown. It is important that negligent and distracted drivers are held accountable for their actions.
There are an increasing number of automobile crashes attributable to driver distraction. A study conducted by Harvard University for the National Safety Council (NSC) estimated cellphone use contributed to 636,000 crashes, 333,000 injuries, 12,000 serious injuries and 2,600 deaths in one year alone. The American Medical Association (AMA) voted in November 2008 to advocate for state legislation prohibiting the use of hand-held devices used to text message while driving. And National Safety Council President Janet Froetscher has said that the results of 50 studies and surveys show driving while intoxicated and driving while texting are equally dangerous acts. A number of bills introduced into the 2009 Florida Legislature called for a ban on text messaging. None passed.
Cell phone records of an adverse party can be obtained through the discovery process after a lawsuit is filed. The most common way to obtain the cellphone records is by obtaining the phone number through interrogatories, requests for production or deposition. A subpoena can then be issued to the cellphone company for production of the records.
If you were injured in a car accident caused by a driver using a cellphone, contact us at the Gainesville, Florida, law office of Fine, Farkash & Parlapiano, P.A. A car accident and cellphone use lawyer at our firm can review your case and help you understand your rights.