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Distracted Driving and Volusia County Accident Attorneys

Thu, Sep 01, 2011 at 12:40PM

     The increasing number of motor vehicle accidents caused by drivers distracted by texting or using their cell phones greatly concerns Daytona Beach accident lawyer.

     While not every state has regulations against using a hand held cell phone while driving, either for talk or text, that doesn’t stop the possibility of a civil action for negligence.  In fact proving cell-phone use as a cause of negligent driving is easily done through access to cell phone records.  By comparing the time of an accident reflected on the accident report with information in cell phone records, it is often clear why and how an accident occurred.  

     The courts and juries have begun to understand how these two events are often related.  They are likely to take a dim view of someone causing injuries or death because they were distracted from their responsibilities as a driver by their cell phone.

      A next logical and much needed step is for Florida to regulate, or ban, hand held cell phone use while driving. 

      The evolution of distracted driving and personal injury law is ongoing and will probably veer off in unpredictable directions. After all, while the auto has been around for more than 100 years, widespread use of cell phones has only occurred for about 20 years.

      The cell phone industry has been lobbying hard to keep government regulation at bay. Fortunately, the industry has no influence on personal injury cases in the courts.

     As insurance companies become more reluctant to let these types of negligence cases proceed to trial, they are more likely to settle pre-suit.  Sometimes it takes a negative impact to the insurance industry before much needed laws are enacted.  In this case, legislation of hand held cell phones would benefit us all.

     The Daytona Beach-based firm of Seitz & Tresher; specializes in personal injury and wrongful death cases as well as many other areas of law.

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