In the attached video, attorney Aaron Warner discusses a crucial question many drivers have: Can using your phone while driving make you legally liable for an accident? In Florida, the answer isn’t always straightforward. While it’s not illegal to talk on your phone while driving, certain actions—like entering text, dialing numbers, or inputting addresses—can contribute to distracted driving, which may lead to liability in an accident.
One of the first things insurance defense attorneys look for in an auto accident case is cell phone usage. Through discovery requests or subpoenas, they will analyze phone records to determine whether a driver was actively using their phone at the time of the crash. Additionally, modern vehicles store extensive data in their electronic data recorders (EDRs), also known as black boxes. These devices can reveal crucial details such as speed, braking patterns, and even cell phone activity leading up to an accident.
If you were in an accident and believe the other driver was distracted by their phone, this data could serve as vital evidence to strengthen your claim. Likewise, if you’re facing allegations of distracted driving, understanding how this information is used against you is critical. Florida follows a comparative negligence system, meaning if your phone use contributed to the crash, it could impact the amount of compensation you receive.
To protect yourself legally, the best practice is to use hands-free devices like Siri or CarPlay and avoid manually entering information into your phone while driving. Keeping your phone secured and relying on voice commands can help prevent any argument that your distraction played a role in an accident.
Contact Our Lake Worth Car Accident Lawyers Today
If you’ve been involved in an accident where cell phone use was a factor—whether on your part or the other driver’s—it’s essential to seek legal guidance immediately. Contact Warner & Fitz Martin today at 561-803-0167 or by using our online form to discuss your case. Our experienced attorneys will analyze the details, gather critical evidence, and fight to protect your rights.