Florida Drivers Protected by Texting While Driving Law

Texting and Driving Facts | Florida Distracted Driving Laws | LaBovick Law Group of West Palm Beach

Florida drivers are required to put down their phones while driving; but not every driver obeys this law.  Although the law is in place because of the number of fatalities due to texting while driving and is meant to keep drivers safe, many drivers continue to text and drive. The statistics are staggering.  Texting while driving is more distracting than driving drunk, because it crosses off all three parts of distracted driving: it takes your hands off the wheel, your eyes off the road and your mind off driving.

Florida Bans Texting While Driving

Section 316.305, Florida Statutes allows law enforcement to stop motor vehicles and issue citations to motorists that are texting and driving. A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, or symbols into a wireless communications device to text, email and instant message. This kind of distracted driving is extremely risky behavior that puts everyone on the road in danger.

With the new anti-texting law, it is now illegal to text and drive. Therefore, if a teenage driver crashes and injures someone while texting, they will not only be responsible for all of the compensatory losses (like pain and suffering, lost wages, and medical bills), but they will also be responsible for a very likely punitive damage verdict.  Those punitive damages, or punitive damages, can be millions and millions of dollars over and above the original multi-million dollar compensatory damage verdict!  What’s worse, the punitive damages are not dischargeable in bankruptcy.  That means that until you fully pay them, you never get rid of them.

Educating Teens About the Dangers of Texting While Driving

In an effort to educate teenage drivers across the state, Brain LaBovick has been part of several seminars put on by the Dori Slosberg Highway Safety Foundation. The foundation’s goal is to end distracted driving because distracted drivers cause 3,500 deaths & 400,000 injuries every year nationwide.

When your eyes are not on the road, you’re unable to react quickly to avoid a crash or come to a stop. This can end in serious damage or loss of life. Young drivers must take the texting while driving ban seriously, as should drivers of all ages. The consequences can truly be life-changing.

Many young drivers are confused and almost in disbelief to learn that if they seriously harm or kill a human being in their automobile, their parents can lose everything they have ever worked for because of their accident, not to mention that they themselves will be held accountable for their irresponsible actions.

It’s more important than ever for teenagers to hear that an accident they have when they are 17 or 18 years old can stick with them until they are 40 years old or sometimes for life. It’s a hard life lesson that will hopefully stick in their minds next time they are out on the road and get a text from a friend.

The attorneys at LaBovick Law Group are passionate about enforcing the laws and protecting the injured. We are Warriors for Justice and will use every law at our disposal to provide our clients the maximum amount of justice the law permits. That now includes the new texting and driving prohibition.

Young drivers here is your warning: focus on the task at hand — driving. Leave the distractions to the side and arrive safely. Do not text and drive. Do not drink and drive. Do not allow your passengers to ride without their seatbelts fastened. It is easy to make a mistake, but it is your responsibility to take all the precautions necessary so that those mistakes do not happen.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.