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Who Should be Held Responsible for Fort Lauderdale Car Accidents Caused by Cell Phone Use?

Drivers have repeatedly been told about the dangers of using cell phones and mobile devices while driving. Numerous studies have shown that distracted driving causes many Fort Lauderdale traffic accidents and public awareness campaigns have been launched in order to ensure that drivers know about the dangers. Unfortunately, many drivers in Fort Lauderdale and throughout Florida still continue to drive distracted.

When distracted driving leads to a Fort Lauderdale car accident, victims who have suffered injuries do have the right to pursue a legal case in order to recover damages for medical costs, property damage, lost income, and other expenses. In these claims, Fort Lauderdale personal injury attorneys often seek out all liable parties in the accident in order to ensure that the victim gets the fairest compensation possible – compensation that pays for as much of the medical care and lost income as possible.

Recently, according to news reports, some attorneys have been focusing on driver employers in these types of car accidents, since in many cases people who are involved in a car accident while speaking on the phone are speaking on a work-provided device or are doing business on the phone. In these cases, employers may be held liable.

There is already a precedent for considerable settlements in these types of cases. Coca Cola recent was ordered to pay $21 million to a woman injured by a Coca Cola sales person who caused a car accident while talking on a cell phone. In another case, a Florida family was awarded $21 million after a woman was killed in a car accident caused by a cell phone user. International Paper reached a settlement of $5.2 million with a woman who was injured after a company employee caused a car accident while speaking on a cell phone.

In many Fort Lauderdale truck accidents and car accidents caused by cell phone use, the driver may be driving a company car, may be driving on company business, may be using a company-provide cell phone, or may be using a private cell phone for company business. In any of these situations, the company may be held liable if the employee causes a car accident while speaking on the cell phone and that accident causes a death or serious injury.

While Florida is one of only a handful of states to not yet ban texting and driving, there is no doubt that drivers are aware of the dangers of distracted driving. Often-cited statistics by the National Highway Traffic Safety Administration point out that using a cell phone while driving makes drivers four times more likely to be involved in a car crash, compared with undistracted drivers.

According to some Fort Lauderdale personal injury attorneys, some companies are not helping the issue, encouraging employees to use cell phones on the road. Sales people, especially, may be encouraged to be always available by phone in order to take care of company business. Some companies also provide employees with cell phones and company cars but fail to emphasize the importance of turning the devices off when driving. Some companies are taking the correct steps. Government employees, for example, are not allowed to use cell phones while driving government cars and other companies have also enforced no-cell phone rules for employees driving on company business.


If you have been injured in a Fort Lauderdale car accident, contact the Flaxman Law Group to arrange for a free consultation to discuss your case. Your case could be worth more than you think.