Texting While Driving - Risks to Motorcyclists and Others
There is a well-known and documented danger in every community. This particular danger commonly referred to as "Texting While Driving" can and does cause serious motorcycle accidents and related serious personal injuries. Most drivers these days are equipped with a smartphone; however, the use of smartphones in the forms of iPhones, Android phones, and other devices is not so smart. In fact, it is downright dangerous to text, read, scan, and otherwise use a mobile phone while driving. Most states including the State of Florida have banned the act of texting while driving.
It should be noted that these laws apply to more than just the specific act of texting while driving. For instance, let's say that there is an interesting CNN or USA article pulled up one a mobile phone or tablet. If the driver then takes the time to "read" the article, this can be a violation of the applicable Florida Statute. Furthermore and more importantly, the simple act of reading a news story on a mobile device can result in a serious motorcycle accident that results in lifelong injuries and even the wrongful death of the motorcyclists. As noted by the popular campaign "Look Twice for Motorcycles", it is important for all drivers to be aware of their surroundings, traffic, weather, and yes the presence of law-abiding motorcyclists on the road. Distracted driving in the form of typing or reading on a mobile device creates unnecessary danger to motorcyclist who is otherwise following the rules of the road and traffic regulations.
Motorcyclists are particularly at risk in distracted driving situations by other drivers due to the size and vulnerability of the motorcyclist. Let's face it - a motorcycle is no match for the typical passenger motor vehicle. The situation is even more problematic when a commercial vehicle is involved.
The Florida law on point is referenced as the Florida Ban on Texting While Driving Law. Section 316.305, Florida Statutes provides that a driver shall not type, read, or send data on a mobile device while operating a motor vehicle.
As clearly spelled out in this statute, a violation of the Florida Ban on Texting While Driving Law may be the result of typing, sending, or reading data from a mobile device. According to the National Safety Council, distracted drivers including those using mobile devices for phone calls, texting, social media, and other pursuits can miss seeing up to 50 percent what surrounds the driver including pedestrians, traffic control devices, other motor vehicles, and, yes, motorcyclists.
If a motorcyclist is injured by a distracted driver who is texting while driving or otherwise unlawfully or negligently using or viewing a mobile device, there certainly can and should be a claim or case pursued against the careless driver and the other of the vehicle. While distracted driving in the form of texting while driving and other careless acts is unacceptable and can help establish the fault of the driver, it is just one piece of the larger puzzle that makes up an injury case or claim. It should be noted that a personal injury case is not automatically won just because it is established that the driver was texting while driving.
Following a motorcycle accident, there are many issues and challenges that face the motorcyclist and the family. It is at these challenging times that a Florida Motorcycle Accident Attorney for advice, guidance, and legal representation.
David A. Wolf is a personal injury attorney with over 28 years of experience. He is proud to serve his injury clients with a strong work ethic and ability to protect and enforce the legal rights of his clients. He is the author of 12 books that focus on personal injury and child injury matters. Contact David A. Wolf today for a free consultation for your motorcycle accident case or other personal injury matter. Get D. Wolf On Your Side - At Your Side.