FLORIDA– According to Law360.com, an appeals court in Florida has ruled that a driver involved in a deadly wreck does not have to provide his cell phone data to the court. The appellate decision overrules the lower court’s ruling that the data was discoverable.
The lawsuit is a wrongful death case that was filled in response to a pedestrian crash. The victim’s daughter filed the suit and claimed that the motorist was on his phone when he struck and killed a man.
Cellphones have become a major threat to road safety in the United States. In Florida, an initiative aimed to put an end to distracted driving is being used to spread the word about the risks and many consequences of using a phone while operating a car.
It is illegal in Florida to type letters, symbols, and numbers into a device when driving. While handheld devices are not entirely banned, they are prohibited in the state in school zones and construction work zones.
Texting is especially hazardous because it involves three forms of distraction, including visual, manual, and cognitive. There are many ways that drivers can be distracted other than through their phones. Even talking to passengers, dealing with children in the car, and eating are distractions that can make driving more dangerous.
It is essential that people appreciate how much time is needed for drivers to stop. In cases where a motorist is traveling at 50 miles per hour, the stopping distance will be nearly the length of a football field. This is because, in addition to the time required for a car to slow down and stop, time is needed for the driver to react to whatever emergency is in the roadway. In the event that the driver is not paying attention to the road, the distance needed to come to a stop will be even greater.
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