Looking away from the road for even a second while driving can substantially increase the risk of an accident occurring, and far too many people have to learn that lesson the hard way every single year. In an effort to reduce the number of distracted driving crashes that happen each year, Florida has joined almost every other state in banning all drivers from reading, writing, or sending text messages through a phone or any electronic device while driving—but unfortunately, that does not always stop people from acting irresponsibly in this way.
At Perenich Law Injury Attorneys, we know exactly how devastating a serious auto accident can be for the people directly involved and their family members. If you were hurt in a texting while driving car accident in Clearwater, the dedicated car crash lawyers on our team could use all our legal knowledge and resources to do what is best for you and get you the best possible case result.
Teens Texting and Driving: Statistics and Facts
Put simply, teenage drivers are more at risk of texting while driving accidents than adults. In 2020, the age group most often distracted when involved in fatal car accidents was 15-20, according to statistics released by the Children’s Hospital of Pennsylvania (CHOP). Similarly, 39 percent of high school students surveyed in 2019 admitted to texting or emailing while driving within the month prior.
CHOP also reported that young adults between the ages of 18 and 24 who use their cell phone while driving also self-report other risky driving behaviors. These drivers might speed, run red lights, or pass another car dangerously in addition to using a cell phone behind the wheel, even when recognizing the risk.
About 3,000 people die each year in accidents involving distracted drivers, with roughly nine deaths each day. As studied by the National Highway and Traffic Safety Administration and reported by Forbes Advisor, nearly 29,000 deaths came from distracted driving accidents between 2012 and 2020.
Of course, a driver’s age does not determine driving skill, and a texting while driving car wreck in Clearwater can happen to anyone. However, the prevalence of texting while driving among teen drivers and in car accidents over the past decade and a half has fueled the push to outlaw this behavior. 48 U.S. states, including Florida and several U.S. territories, have completely banned texting while driving.
Texting While Driving as Grounds for a Lawsuit
It is worth emphasizing that since Florida is a “no-fault” state when it comes to car insurance and car accident claims, it is not always necessary—or even always possible—to file suit directly against someone else for causing a collision, whether they were texting while driving or acting negligently in any other way. Instead, the first move for anyone involved in a texting while driving car crash in Clearwater will generally be to seek compensation through their own Personal Injury Protection (PIP) coverage within their car insurance policy.
If a wreck results in a serious injury that PIP and other insurance options do not provide enough coverage for, any lawsuit based on that wreck will need to establish that the “defendant” named in the claim was legally negligent. In practice, this means proving that they did something specifically reckless or careless which directly led to the accident occurring.
Since texting while driving is against the law in Florida, anyone who does it anyway has almost certainly committed a “breach” of their “duty of care”—legal speak for acting recklessly or carelessly, as mentioned above. With this in mind, referencing a police report that includes a citation for texting behind the wheel against someone else involved in your accident can be key to holding that person at fault for your accident-related losses.
Recovering Fairly Within Filing Deadlines
A lawsuit or private settlement demand based on a texting while driving auto accident in Clearwater can demand compensation for numerous losses that insurance usually would not cover, including:
- Lost enjoyment/quality of life
- Psychological and emotional distress
- Physical pain and discomfort from injuries
- Lost work income or long-term working capacity
- Personal property damage not covered by insurance
- Expected long-term medical expenses, plus any short-term bills not covered by insurance
As a knowledgeable legal professional could further explain, though, there are strict legal time limits for starting a claim of this nature. Most people injured in car crashes have a maximum of four years after the crash actually happened to build and file a comprehensive claim.
A Clearwater Attorney Could Help After a Texting While Driving Car Accident
Texting behind the wheel is one of the most dangerous things anyone can do while driving on public roads. If you have been seriously hurt because someone else was acting negligently in this way, they—and not you—should be the one who pays for your injuries and losses if insurance is not enough to cover them all.
Whether you need help with insurance negotiations, a civil lawsuit, or both, our team can provide a personalized approach to your case that always puts your needs first. Call Perenich Law Injury Attorneys today to discuss your legal options following a texting while driving car accident in Clearwater.
(727) 669-2828