Drinking and driving. Texting and driving. These dangerous pairings lead to distraction, negligence, and impaired decision-making behind the wheel. According to Public Health Law Research, over a quarter of all collisions are a result of mobile phone-related distractions; and, as of 2013, it is considered illegal to text and drive in the state of Florida.
While texting and driving is not automatic cause for a driver to be considered a careless or reckless driver, texting can lead to careless and reckless behaviors. Careless driving is a primary traffic offense and moving violation that can result in a traffic violation and a fine. Reckless driving is defined as driving that demonstrates a motorist’s knowing disregard for the safety of other persons and property, especially driving that could be reasonably expected to cause a fatal accident or critical physical injury. Texting and driving is an illegal act of negligence on the part of a motorist that does not necessitate but can contribute to a charge of careless or reckless driving.
Texting while driving is not only illegal; it is inarguably a form of distracted driving. If a driver is behaving in a manner that can be considered careless, reckless, or negligent, he or she can be found liable for any accidents resulting from their behavior. In order to hold a texting driver liable for a car crash you must be able to do the following:
If all of these conditions are met, then there is a solid case for the argument that a texting driver was liable for a car accident or collision.