Does Texting While Driving Affect a Personal Injury Case?

This video is going to cover the new law that actually is going to go into effect in July of 2019 related to texting while driving. We come across this often in our cases involving automobile accidents in St. Petersburg, FL, car accidentsmotorcycle accidents. Because one of the biggest tactics that the insurance companies try to attack is that our clients were somehow negligent or caused the accident, whereas the other person didn’t. Um, and they go after and variably almost every time our client’s cell phone records, what they’re trying to determine is whether or not our clients were on the telephone or texting while driving, uh, that would go towards comparative negligence and potentially reduce the value of an automobile accident claim or a car accident claim. The new texting while driving law will go into effect in July of 2019. However, law enforcement officers are not going to be writing tickets initially.

There’s going to be a buffer window where they’re going to be issuing warnings. January, 2020 is when law enforcement is really to ramp up the enforcement efforts and actually start issuing citations. Well, what does this change in law mean? It means that if you were texting while driving is a primary offense, that a law enforcement officer can now pull you over for texting while driving. Before it was a secondary offense, which meant they couldn’t pull you over only for texting while driving. They could pull you over for speeding, for example. And if they had reason to believe that you were texting while driving also, then they could cite you for that. But with the new law implemented, they can pull you over just for texting while driving. It’s very important to know the difference between primary offense and secondary offense. Another thing to be on the lookout for the implementation of this new law is that it is not an offense to use your phone for something like the navigation, uh, device on ways or something like that.

Google maps, they’re not going to be able to give you a ticket for that. However, we see a lot of times law enforcement utilizing, uh, these primary offenses to stop vehicles, and now you’re having that additional law enforcement, uh, uh, interaction that some people might find troublesome. So this new law is going to make it a more applicable and more easy for law enforcement to come into contact with the motoring public. The idea of being though at the end of the day, is to hopefully reduce the number of automobile accidents, car accidents, motorcycle accidents that are directly related to texting while driving. I think we all can agree that texting while driving is probably not a good idea, and obviously it’s dangerous. There’s been many studies about it. So if you have any questions regarding an automobile accident, car accident in the Saint Petersburg area Tampa Bay area, please contact us at (727) 381-2300.

*The above has been transcribed by a third party service and has not been checked for accuracy.

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If you or a loved one have been injured in an accident, then you should take the proper measures to ensure you receive the compensation you deserve.

Call Today and speak with an attorney. For over 60 years our firm has been successfully helping people who have been injured due to someone else’s carelessness. We have been nationally ranked for decades by US News and World Reports as a Tier 1 law firm, which is the highest ranking that can be received. Sean McQuaid and Jonathon Douglas have dedicated their careers to continuing the firms legacy of superior legal representation.

Remember that we never charge a fee, unless we win. Call us today at 727-381-2300 so that we may answer your questions, help you navigate the complexities of insurance claims, and recover the compensation that you deserve.

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Injury Lawyers  McQuaid & Douglas
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  • St. Petersburg Personal Injury Attorneys McQuaid & Douglas bring decades of experience helping injured individuals secure the justice and compensation they deserve. Our proven track record of success highlights our commitment to delivering exceptional results for our clients. Our firm’s longstanding reputation is built on earning great outcomes while treating every client with respect and fairness.
  • Our attorneys have earned recognition in The Best Lawyers in America 2024 Edition for Personal Injury—a prestigious honor reflecting our excellence in the field. This recognition is based on a rigorous peer-review process, where top attorneys evaluate their colleagues’ professional abilities within the same geographic and legal practice areas. The endorsement of our peers further solidifies our reputation for providing outstanding legal representation.
  • At McQuaid & Douglas, our attorneys have achieved the highest possible 10.0 AVVO rating. This distinction recognizes substantial experience, a successful track record, and professional achievements. It also considers peer endorsements and disciplinary history, ensuring that clients can trust our expertise in handling even the most complex and high-stakes personal injury cases.
  • Our attorneys are also members of the exclusive Million Dollar Advocates Forum, a prestigious acknowledgment reserved for trial attorneys who have secured million-dollar or multi-million-dollar verdicts and settlements. With less than 1% of U.S. attorneys earning this distinction, our membership demonstrates the exceptional skill and success we bring to significant personal injury cases.
  • St. Petersburg Personal Injury Attorneys McQuaid & Douglas stand out for our unwavering dedication to client success and our deep expertise in personal injury law. Our attorneys consistently secure favorable outcomes for clients, earning a reputation for diligence, compassion, and legal acumen. Known for being tough yet fair, we prioritize personalized service to ensure each client receives the attention and support they deserve throughout their legal journey.
  • When you choose McQuaid & Douglas, you’re choosing a team that is committed to having your back. Count on us to deliver the results you need when it matters most.
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