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My husband was hit and killed by a reckless driver. I think the other driver could have been texting while driving, which caused the accident. Although there isn’t a ban on texting behind the wheel, could the other driver be held liable under a wrongful death lawsuit?


A: We are truly, deeply saddened to hear about your spouse’s fatal Florida accident, and we would like to shed some light on wrongful death lawsuits in Florida. Typically, family members, such as a spouse, son, daughter, parent, or sometimes grandparent can file a wrongful death lawsuit based on the fact that the other driver was behaving recklessly on the road.

Although texting while driving is still legal in Florida, many lawmakers consider it a dangerous, distraction at the wheel—one that is even considered reckless and negligent.  Additionally, many studies have indicated that texting while driving has led to thousands of traffic accidents because the driver who is texting takes his hands off the wheel, eyes off the road and attention off of driving, even if it is only for a moment.

When a driver intentionally takes his eyes off the road, it can show the judge and jury that he was behaving recklessly. No text message could be more important that keeping someone else safe on the road.

The job of a Sarasota accident attorney will be to investigate the case, talk to witnesses, subpoena cell phone records of the driver who you think could have been texting, and fight for your rights.

In order to find out if you can pursue a wrongful death lawsuit, call an experienced Sarasota personal injury lawyer today to discuss your case in more detail. You can reach the Mallard Law Firm for a free consultation of your case at (888) 409-3805 today. 

Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney