Plantation Distracted Driving Accident Lawyer

Hit by a Texting Driver in Florida? Let Our Attorneys Handle the Legal Fight

Distracted driving is one of the leading causes of serious car accidents in Florida. In fact, roughly 1 out of 7 accidents in Florida occurs due to a distracted driver, according to the Florida Department of Highway Safety & Motor Vehicles (FLHSMV).

Whether it’s a driver texting, eating while driving, adjusting the GPS, or looking at a phone, these distractions can turn deadly in seconds. Victims hit by distracted drivers often suffer severe injuries that can change their lives forever. If you were hurt by someone who wasn’t paying attention behind the wheel, you deserve justice. That’s where our Plantation distracted driving accident lawyers come in.

At Personal Injury Legal Solutions, our attorneys fight for people injured in distracted driving accidents across Florida. We know how to determine when a driver was distracted and how to utilize that evidence to build a strong legal case. With over 40 years of experience, our legal team can give your distracted driving injury claim the edge it needs.

Florida distracted driving accident statistics

Distracted drivers put everyone at risk, and Florida roads are filled with drivers not paying attention for a wide range of reasons.

In 2023, there were more than 150,000 accidents due to distracted driving in Florida, resulting in more than 14,000 injuries, 2,500 serious injuries, and 295 deaths, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

Another study focusing on the same year also found that Florida had the second-highest death toll due to distracted driving compared to all other states in the country.

What are the most common forms of distracted driving?

There are many different forms of distracted driving. Based on accident data for Florida, some of the most common reasons why distracted drivers cause collisions include:

Not paying attention, the most common cause of distracted driving accidents in Florida, according to FLHSMV accident data.
Passengers in the vehicle distracting the driver.
Talking on a cellphone while driving.
External distractions outside the vehicle.
Texting while driving.

Florida’s texting while driving law

Texting while driving is prohibited in Florida. Even so, many drivers ignore the rules. The state’s texting ban became a primary offense in 2019, meaning police can pull over and ticket drivers just for texting.

Florida Statute 316.305 prohibits texting, emailing, and instant messaging while driving.
Drivers can be stopped and cited for texting while driving without committing another traffic violation.
Fines start at $30 for a first offense and increase with additional penalties.
School zones and construction zones carry enhanced penalties.

Even though texting while driving is illegal, it remains a common cause of crashes. Our legal team knows how to obtain phone records, witness statements, and other evidence to prove that distracted driving was a contributing factor in your accident.

What evidence is used to prove a driver was distracted?

Proving that a driver was distracted can be challenging, but strong evidence can make or break your case. Experienced distracted driving lawyers know what to look for and how to gather the necessary information to hold the driver accountable. Such evidence can include:

Cell phone records showing calls, texts, or app usage during the crash.
Dashcam or traffic camera footage of the crash.
Witness statements from passengers or bystanders.
Police reports noting signs of distraction or citations issued.
Skid marks on the road or other accident debris that show the driver did not attempt to slow down before the crash.
The distracted driver’s lack of awareness about what happened moments before the crash was because the driver wasn’t paying attention.

This type of evidence can help establish liability and support your compensation claim. We act fast to preserve and request critical evidence before it’s lost or deleted.

Can I sue a distracted driver even if they weren’t ticketed?

Yes, you can pursue a claim or lawsuit even if the distracted driver wasn’t cited by police. That’s because your lawsuit is a civil case rather than a criminal case. And a traffic ticket isn’t required to prove negligence in a civil case.

Instead, you simply need to prove that the at-fault driver acted in a reckless or negligent manner. Often, this is done based on evidence, including:

Cellphone records showing that the driver was texting or talking on the phone at the time of the crash.
Traffic camera footage showing the at-fault driver using their phone at the time of the crash.
Statements from witnesses who saw the distracted driving accident.
Expert analysis provided by accident-reconstruction specialists.

Just because the other driver wasn’t ticketed doesn’t mean you can’t recover compensation. We know how to gather the facts and fight for your rights.

What compensation can I recover after being involved in a distracted driving accident?

Victims of distracted driving accidents often face expensive medical bills, lost income, and other long-term financial losses. If you can prove that a distracted driver acted negligently, you may be awarded damages, which is compensation for financial losses in a legal case.

Damages are often awarded in distracted driving cases for direct financial losses, including money for:

Medical expenses, including emergency care, rehab, and future treatment.
Lost income and reduced earning capacity.
Property damage to your vehicle or belongings.

You may also be able to obtain damages for indirect financial losses, known as non-economic losses. This often includes money for pain and suffering, loss of enjoyment, or emotional distress.

We work hard to document the full impact of your injuries and losses. Then we pursue maximum compensation from the distracted driver’s insurance company or file a lawsuit against the at-fault party if necessary.

What if the driver who caused my crash denies being distracted?

It’s not uncommon for at-fault drivers to deny they were distracted, even when the evidence says otherwise. Proving distraction often requires a strategic legal approach and the right tools.

Your attorney can subpoena phone records and other electronic data.
Surveillance or dashcam footage may capture driver distraction at the point of impact.
Eyewitnesses can provide key testimony about the driver’s behavior.
Crash reconstruction experts can identify signs of inattention.

When a driver denies wrongdoing, your lawyer can step up and build a rock-solid case. That’s exactly what we do at our Florida law firm. We know how to cut through the denials and make sure your story is heard loud and clear.

Distracted driving accident lawyers focused on winning your case

Distracted driving cases often come down to the details. The driver may deny being distracted. The insurance company may try to blame you. That’s why you need a law firm that knows how to fight back using facts to build a strong, evidence-based case. Our comprehensive approach often includes:

Investigate phone use, in-car systems, and dashcam footage.
Obtain and review official police accident reports.
Interview witnesses who saw your accident.
Use evidence to prove distraction caused your collision.
Demand full compensation for all financial losses.
Negotiate aggressively with insurance companies.

You should be focused on your recovery. We’ll focus on holding the distracted driver accountable. Contact Personal Injury Legal Solutions and learn how a distracted driving accident lawyer at our firm can help you. Schedule your free consultation today.