Dolman Law Group
The Florida legislature with a Republican supermajority has opposed texting while driving bills in the past due to the perceived governmental intrusion into the lives of private citizens. critics argue texting bans haven’t had a pronounced effect on the number of accidents. A 2010 study by the Highway Loss Data Institute, which looks at insurance claims, said crashes didn’t decrease in states that banned texting by drivers, and in fact found that reported collisions went up slightly.
The National Highway Transportation and Safety Administration states that a texting driver is twenty three times more likely to crash than a driver not texting. Many experts have opined that distracted driving is every bit as dangerous as operating an automobile while intoxicated. With the proliferation of mobile phones over the past decade, the act of texting and driving has come into focus in mainstream consciousness. Unfortunately, there is not quite the abundance of statistics and studies as are associated with drunk driving. However, many recent automobile fatalities have garnered media attention as being attributable to distracted driving. These unfortunate tragedies could have been easily avoided. As a Tampa distracted driving injury attorney, I fully support l
There are several present cases in which the District court of Appeals are attempting to determine whether punitive damages apply to texting and driving accidents similar to the standard in DUI negligence cases. An abundance of Florida caselaw stands for the proposition that punitive damages are applicable in matters where intoxication results in the negligent action. “It is well settled that punitive damages are appropriate in cases where negligence is coupled with intoxication.” Ingram v. Pettit, 340 So. 2d 922 (Fla. 1976) (“We affirmatively hold that the voluntary act of driving ”while intoxicated” evinces, without more, a sufficiently reckless attitude for a jury to be asked to provide an award of punitive damages if it determines liability exists for compensatory damages.”). See also, Zuckerman v. Robinson, 846 So. 2d 1257 (Fla. 4th DCA 2003). It is only a matter of time before distracted drivers who willingly decide to text or use their cell phones while driving an automobile or motorcycle are punished much the same as the drunk driver.
There is no text message or email that is worth taking your eyes off the road for even a moment. Be careful out there !! If you need a car accident attorney, or Clearwater brain injury attorney, contact Matt Dolman! 2358 Drew Street Clearwater, FL 33765 (727) 451-6900.
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