Boca Raton Texting and Driving Accident Lawyer

Boca Raton Texting and Driving Accident Lawyer David B. Datny help victims of car accidents caused by distracted or texting drivers throughout Florida. With the advent of smart phones, which enable drivers to do more than simply talk on the phone, including browse the web, e-mail, and text, the number of car accidents caused by drivers distracted by cell phone technology has increased dramatically. In fact, the statistics for texting and driving accidents show the problem has become a “national epidemic” and a major cause of car accident injuries and fatalities.

The National Safety Council has reported over 1,600,000 automobile accidents annually due to cell phone use while driving. Approximately one out of every four motor vehicle accidents in the United States is caused by texting and driving. This has resulted in over 330,000 injuries per year as well as over 3,000 wrongful deaths annually including 11 teen deaths every day from accidents caused by distracted drivers that were texting while driving. In 2016, Florida had approximately 50,000 car crashes caused by distracted drivers with 233 related fatalities.

Despite the fact that injury and fatality numbers clearly show how dangerous it is to text while driving, shockingly, this practice (as well as talking on the cell phone while driving) remains socially acceptable and dismissed by most as harmless. In fact, The National Highway Transportation Safety Administration has indicated the level of distraction or inattentiveness from texting while driving is similar to driving after drinking four beers. This is because texting while driving and drinking and driving dulls your reflexes making it difficult to respond to changes in roadway condition. In many instances receiving and responding to a text is essentially the same as driving blind thus further illustrating how dangerous the practice is and why it should be banned.

If you have been injured by a distracted driver or someone texting and driving, call 561-221-7474 for a FREE Consultation with our Boca Raton Texting and Driving Accident Lawyer. There is no fee unless we get you a financial recovery.  

Florida Legislation (Past & Present)

Florida passed its Ban on Texting While Driving Law in 2013. The expressed purpose of the legislation was to address the dangers from texting and driving and to “Improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users” as well as to “Prevent crashes related to the act of text messaging while driving a motor vehicle.” See, Florida Statute 316.305(2)(a) and (b).

While the 2013 law was well intentioned, it was given little teeth to make a meaningful impact on the safety of Florida drivers. The law only made texting and driving a SECONDARY offense, which meant a driver could only be pulled over for texting and driving if he or she had committed another violation, such as speeding or making an illegal turn. Needless to say, the 2013 law did little to curb texting and driving or related car accident crashes and related fatalities.

After years of fighting for a meaningful hands free law, which would bring Florida in line with the majority of other states on this issue, the 2013 statute was finally amended. In May of 2019, Gov DeSantis signed a bill into a law amending the 2013 statute. Now, Texting and Driving is a PRIMARY offense in Florida, which means, in substance, a driver can be pulled over simply for texting and driving regardless of if he or she had committed any other violation. The new texting and driving law went into effect July 1, 2019.

Punitive Damages in Boca Raton Texting and Driving Accident Cases

Texting while driving is far more than a simple traffic violation—it is a conscious decision to divert a driver’s attention away from the roadway while operating a motor vehicle. Unlike many ordinary car accidents that result from momentary inattention or simple negligence, texting and driving often involves a deliberate choice to engage with a cell phone despite the well-known and foreseeable risks it poses to everyone sharing the road. Under certain circumstances, that conduct may justify an award of punitive damages under Florida law.

Punitive damages differ from compensatory damages such as medical expenses, lost wages, future medical care, pain and suffering, and other losses. Their purpose is not to compensate an injured victim, but rather to punish particularly egregious misconduct and deter similar conduct in the future. However, punitive damages are not automatically available simply because a driver was texting at the time of a collision. Florida law imposes a heightened legal standard, and whether punitive damages may be pursued depends upon the specific facts of the case, the available evidence, and the driver’s conduct before and at the time of the crash. Under Section 768.72, Florida Statutes, punitive damages generally require clear and convincing evidence of intentional misconduct or gross negligence before they may be awarded.

Florida appellate courts have recognized that allegations of cell phone use while operating a motor vehicle may support a claim for punitive damages when the evidence demonstrates conduct sufficient to satisfy Florida law. In Sapp v. Olivares, the Fourth District Court of Appeal held that allegations of cell phone use while driving may provide a sufficient basis to seek punitive damages in an automobile negligence action. Likewise, Florida courts have long recognized that punitive damages may be appropriate where a defendant’s conduct demonstrates a conscious disregard for the safety and rights of others.

Because punitive damages require a detailed factual and evidentiary analysis, a thorough investigation is often essential. Cell phone records, text message timestamps, application usage data, call logs, vehicle infotainment system data, electronic vehicle data, surveillance video, eyewitness testimony, crash reconstruction evidence, and other digital evidence may all become important in determining whether a distracted driver’s conduct rises to the level necessary to support a punitive damages claim.

Every texting and driving accident presents unique facts and legal issues. Whether punitive damages may ultimately be recoverable depends upon the totality of the circumstances, the quality of the available evidence, and the applicable requirements of Florida law. An experienced Boca Raton Texting and Driving Accident Lawyer can evaluate the facts of your case, determine whether punitive damages may be available, and pursue every avenue of recovery supported by the evidence and Florida law.

Common Causes of Distracted Driver Accidents in Boca Raton

Although texting while driving receives significant public attention, it is only one form of distracted driving. Any activity that takes a driver’s eyes off the road, hands off the steering wheel, or mind away from driving can significantly increase the risk of a serious collision. Whether traveling on Interstate 95, Glades Road, Federal Highway (US-1), Palmetto Park Road, or neighborhood streets throughout Boca Raton, drivers have a legal responsibility to remain attentive and focused on the roadway.

Some of the most common causes of distracted driving car accidents in Boca Raton include:

• Texting, emailing, or sending instant messages while driving
• Talking on a handheld cell phone
• Using social media applications such as Instagram, Facebook, Snapchat, TikTok, or X
• Programming or following GPS navigation systems
• Reading or responding to emails
• Watching or recording videos
• Taking photographs or selfies
• Adjusting music, podcasts, or streaming applications
• Using Apple CarPlay or Android Auto while driving
• Entering information into a vehicle’s infotainment system
• Eating or drinking behind the wheel
• Reaching for objects inside the vehicle
• Grooming or applying makeup
• Attending to unrestrained pets
• Turning around to assist or discipline children
• Reading maps, paperwork, or other documents
• Adjusting the radio or climate controls
• Looking at scenery, roadside attractions, or other distractions outside the vehicle

Even a momentary distraction can have devastating consequences. At highway speeds, taking your eyes off the road for just a few seconds can allow a vehicle to travel hundreds of feet without the driver watching the roadway ahead. Many distracted driving crashes are entirely preventable and occur because a driver chose to focus on something other than safely operating their vehicle.

Get Help After a Boca Raton Distracted Driving Car Accident

A distracted driving accident can leave you facing painful injuries, mounting medical bills, lost income, vehicle damage, and uncertainty about what comes next. You should not have to navigate the legal process or deal with insurance companies while trying to recover from your injuries.

At The Datny Law Firm, we are committed to helping injured victims understand their legal rights, answering their questions, and pursuing the full compensation available under Florida law. From your initial consultation through the resolution of your claim, you can expect responsive communication, personal attention, and dedicated advocacy every step of the way.

If you or someone you love has been injured by a distracted or texting driver in Boca Raton, call The Datny Law Firm today at 561-221-7474 to schedule your FREE consultation. We are available 24 hours a day, 7 days a week, and there are no attorney’s fees or costs unless we recover compensation for you.