Top

Cape Coral Texting & Driving Accident Attorneys

Attorneys Representing Persons Injured in Car Crashes in Cape Coral

Many people have adopted texting as their primary form of communication, with some even sending and receiving hundreds of texts each day. Unfortunately, when people do not stop texting while they are behind the wheel, their distracted driving can result in serious accidents. Texting while driving accidents can cause significant injuries, and people who recklessly text while operating a vehicle should be held responsible for any resulting harm. If you were hurt in a collision caused by a texting driver, you should consult with a lawyer to discuss your rights. At Lusk, Drasites & Tolisano, P.A., our dedicated Cape Coral car accident attorneys represent people who were injured due to negligent driving. We regularly represent people in car accident cases in Southwest Florida.

Laws to Reduce Texting While Driving Accidents

Texting while driving is not only unsafe, it is also illegal in Florida. To reduce crashes related to texting by drivers, the Florida legislature passed the Ban on Texting While Driving Law, which prohibits people from typing letters, numbers, or characters into a wireless device, or sending or reading data from such a device while they are operating a vehicle. This law also provides that when a collision causes personal injuries or death, the billing records for the driver’s wireless device or testimony of or statements from authorities receiving such messages can be admitted into evidence to show that a violation of the law occurred.

Proving Liability for an Accident Caused by Texting and Driving

Generally, when a person injured in a car accident files a lawsuit against the driver that caused the accident, the injured person, known as the plaintiff, will allege that the driver, or defendant, was negligent. In Florida, a plaintiff setting forth a negligence claim must show that the defendant had a duty under the law to comply with a certain standard of care and that the defendant acted in a manner that constituted a breach of the duty. Once a plaintiff establishes a duty and a breach, he or she must prove that the breach caused the plaintiff to suffer actual harm.

In cases involving accidents that were caused by texting, the plaintiff can argue that the Florida Ban on Texting While Driving Law establishes the duty owed by the defendant, and a violation of the law can be used as evidence of negligence. Generally, defendants may not willingly admit liability for texting while driving accidents. Thus, the plaintiff may have to rely on the defendant’s wireless device billing records, police reports, including any citations, and eyewitness testimony to show that the defendant was texting prior to the accident. While the texting does not have to be the sole cause of the accident, the plaintiff must show that the accident would not have happened if the defendant had not been texting and that the defendant’s texting was one of the main factors in bringing about the accident.

Damages Recoverable in a Lawsuit for an Accident Caused by Texting While Driving

If a plaintiff is successfully able to prove that the defendant’s texting caused an accident in which the plaintiff suffered harm, the plaintiff may be awarded compensation for the cost of any medical treatment needed following the accident. If the plaintiff was unable to work because of injuries caused by the accident, he or she might be able to recover lost wages as well. Additionally, a plaintiff will typically be awarded damages for the intangible harm caused by the accident, such as pain, suffering, and mental distress. Speak with an Experienced Attorney About Your Car Accident in Cape Coral Drivers who carelessly text while driving can cause devastating accidents due to the distractions posed by their mobile devices. If you suffered injuries due to a driver texting while operating a vehicle, you should speak with a lawyer regarding your potential claims. The experienced attorneys of Lusk, Drasites & Tolisano, P.A. zealously advocate for injured parties seeking compensation for their injuries. We regularly represent people in car accident lawsuits from our offices in Cape Coral, Naples and Fort Myers. 

You can reach us at our offices by calling (239) 908-4930 or through our online form to set up a confidential and free meeting.

Awards & Associations

  • Greater Fort Myers Chamber of Commerce
  • American Association for Justice
  • Bonita Springs Area Chamber of Commerce
  • Avvo
  • Southwest Florida Hispanic Chamber of Commerce
  • The Best of Cape Coral 2020
  • The National Top 100 Trial Lawyers
  • BBB Accredited Business
  • SWFL Inc.
What Sets Us Apart
  • No Fees Until We Win
    We offer Free Consultations, and work on Contingency Fees for Personal Injury cases. This means we ask for nothing from you until your injury case is concluded.
  • Prioritizing Your Experience

    As a member of our community, we want to put your needs first, far ahead of the bottom line. We treat our clients like people, and never just like cases. 

  • In Practice Since 1982
    We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.

Client Testimonials

  • "Answering all my questions and making me feel very important."
    Shannon D.
  • "Highly recommend."
    Rebecca M.
  • "There isn't enough stars for me to give."
    Lynn E.

Contact Lusk, Drasites & Tolisano

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.