Can I Sue a Driver Who Hit Me While Texting?

driver looking at their phone while driving

Yes. You can sue a driver who was texting when they crashed into you. Texting while driving is among the most common causes of distracted driving accidents, and it is illegal in Florida. According to the Florida Highway Safety and Motor Vehicles (FLHSMV), 48,537 distracted driving crashes occurred in the state in a recent year, and these resulted in 2,756 serious injuries and 308 deaths.

Why Distracted Driving is Extremely Dangerous

Distracted driving is basically anything that can take your focus off the task of driving. It’s an immensely risky driving behavior that puts all road users in danger. There are three distinct types of driver distractions, including:

  1. Cognitive distractions are things that pull your focus away from driving safely.
  2. Visual distractions take your eyes off the roadway.
  3. Manual distractions take your hands off the steering wheel.

What makes texting while driving so dangerous is that it involves all three distractions. But distracted driving can also be caused by seemingly simple things. These include eating, interacting with passengers, looking at things or events outside, daydreaming, unsecured pets, grooming, or tinkering with a cellphone or other wireless electronic device, among many others.

To avoid an accident, a driver must identify the hazard properly, react quickly, and give the car ample time to stop. When a driver’s focus is not a hundred percent on driving, they can easily crash into another vehicle or pedestrian and injure not only themselves but others as well.

Proving Liability for a Distracted Driving Accident

As the party seeking compensation from the at-fault party, you must prove that the defendant violated a legal duty that they owed you and that the violation caused the accident that resulted in your losses. In distracted driving accidents, the legal duty is the duty to drive the vehicle as any reasonable driver would, and the violation would be the failure of the driver to drive safely because of a distraction.

To successfully prove that the at-fault driver was distracted when the crash occurred and therefore must be held liable for all the harm, they caused hinges on the available evidence. An experienced Tampa car accident attorney can uncover all the relevant evidence to support your claim and prove that the other driver was, in fact, distracted when they crashed into you and should be held accountable for your injuries and associated losses.

Talk to a Skilled Tampa Distracted Driving Attorney Today

When drivers are not completely focused on driving, such as when they’re texting behind the wheel, their ability to avoid and stop a car crash will also be significantly affected. If you or someone you love has been injured in a distracted driving crash, don’t hesitate to get in touch with Matthews Injury Law.

Our Tampa distracted driving attorney can help you better understand your case, explain your legal options moving forward, and secure full compensation for your accident-associated damages. Call 813-530-1000 or contact us online to arrange your free case review with our Tampa distracted driving attorney.