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December 21, 2011

Regular readers of this blog are very familiar with our state’s lack of cell phone legislation for drivers. They are also very familiar with Orlando personal injury attorney James O. Cunningham’s stance on this issue. He prefers a zero tolerance policy on cell phone use of any kind while driving and encourages state lawmakers to take decisive action on this issue to save lives. Currently, there are no state laws against texting, surfing the internet or making calls on cell phones while driving. Further, Florida does not allow communities to enact legislation against distracted cell phone driving.

Recently, the National Transportation Safety Board (NTSB) recommended that all states impose total bans on cell phone use while driving, except in cases of emergency. Yet, in spite of clear evidence illustrating the dangers of talking and texting while behind the wheel, many law enforcement officials take a dim view of the NTSB recommendation.

One such dissenter is St. Johns County Sheriff David Shoar, who, while admitting that texting while driving is “a killer,” does not support a national ban on cell phone use while driving.

“I think it can be handled at the state level,” he said.

Sadly, Florida lawmakers have repeatedly killed cell phone legislation in committee, and this reticence is taking a serious toll on the lives of Floridians. The Florida Highway Patrol recently conducted a study on cell phone use by drivers, and their findings are consistent with other studies conducted across the country. The FHP found that drivers who talk on their phones while driving are four times more likely to be involved in an accident. They found that cell phone use was the primary contributing factor in seven fatal auto accidents in our state in 2010, citing instances where talking or texting was definitely the cause of the accident.

They freely admit that their findings are very conservative and that cell phone use is very likely the cause of many more accidents and fatalities. FHP Lt. Bill Leeper cited the difficulties of singling out cell phone use in auto accidents.

“A lot of times, you can’t prove it,” he said. However, he said that he expected the problem to worsen in the coming months and years, saying, “It is increasingly becoming an issue because of the numbers of people who have cell phones.”

“Texting is even more dangerous,” he said.

Florida may not yet have laws against cell phone use on the books, but people injured by distracted drivers still have legal options. With the help of experienced, aggressive Orlando personal injury lawyers such as Mr. Cunningham, they can seek damages against negligent drivers and get the fair and just compensation they deserve. To schedule a free consultation with Mr. Cunningham, call 888-425-2004 or 407-425-2000 today.

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

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Our Florida Offices

We have 15 convenient office locations around Central Florida to better serve our auto accident clients.

15 Florida Locations

Orange County:
Orlando, FL

500 Delaney Avenue #404
Orlando, FL 32801
Phone: 407-425-2000

Seminole County:
Lake Mary, FL

300 International Parkway #100
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County:
Kissimmee, FL

17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

Volusia County:
Daytona Beach, FL

1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

Volusia County:
DeBary, FL

465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Volusia County:
Deland, FL

120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County:
Inverness, FL

110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County:
Lakeland, FL

1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Polk County:
Winter Haven, FL

325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

Hillsborough County:
Tampa, FL

100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

Marion-Sumter Counties:
The Villages, FL

3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County:
Mt. Dora, FL

Mt. Dora, FL
Phone: 352-436-4696

Lake County:
Clermont, FL

3721 S Hwy 27, Suite A
Clermont, FL 34711
Phone: 352-503-4674

Brevard County:
Titusville, FL

506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Brevard County:
Cocoa, FL

96 Willard Street, Suite 206
Cocoa, FL 32922
Phone: 321-757-1373

Client Reviews

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  • I was involved in a motor vehicle accident where the other driver ran a red light and my car was a total loss. I was referred to James Cunningham due to the fact that our attorney’s have been very impressed with James Cunningham’s work. This fact turned out to be very true… A Personal Injury Client
  • My car accident case was handled by Mr Cunningham and I was very pleased with how everything was done. He handles his own cases and his staff is top notch. He got me a very nice settlement without going to court. Derek
  • We contacted Jim Cunningham to help guide us through the "maize" of possible outcomes in settling with insurance companies, medical bills, and even police investigation with the accident. David
  • Cunningham worked hard was professional, supportive, diligent and always maintained contact. I am very satisfied with the service that him and his team provided. Mr Cunningham is a lawyer that will work for you. Dezhaun
  • I consulted with several attorneys, but as soon as I met James Cunningham, I knew he was the right attorney for me. He immediately expressed concern for my well-being, and his compassionate, professional manner put me at ease. Diane