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Personal Injury & Accident Law Center

Will Florida’s new “Texting & Driving” law impact my car accident compensation?

by | Jun 8, 2021

Maybe.

Florida’s new Wireless Communications While Driving Law (§316.305, Fl. Stat.), which went into effect in 2020, will likely affect negligence and liability assignments in car and motor vehicle accident claims.

This is because Florida operates according to the principle of comparative liability, which states that both parties in an accident essentially share fault. As such, shifting the liability onto the other driver is important to increase the amount of compensation you can recover. To do that, though, you must prove the defendant acted in a negligent manner.

In particular, the new law includes a provision (F.S. §316.305(3)(d)) stating that cell phone billing records can be used as evidence of negligence in the event of an accident that results in death or personal injury. This provides your personal injury lawyer with another tool to prove the other party’s liability in your car accident case.

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