A text message, notification, or quick glance at a phone can take a driver’s attention away from the road long enough to cause a serious accident.
Distracted driving remains a significant safety concern throughout Florida. While cell phones are one of the most common sources of distraction, anything that takes a driver’s eyes, hands, or attention away from driving can increase the risk of a collision.
If you have been injured by a distracted driver, understanding Florida’s laws and knowing how distraction can affect a personal injury claim can help you determine what to do next.
At Woolsey Morcom, our Florida personal injury attorneys investigate serious car accidents and help injured individuals pursue compensation when another driver’s negligence causes a crash.
WHAT DOES FLORIDA LAW SAY ABOUT TEXTING AND DRIVING?
Florida law prohibits drivers from manually typing or entering letters, numbers, symbols, or other characters into a wireless communication device for certain nonvoice communications while operating a motor vehicle.
This generally includes activities such as:
- Writing or reading text messages
- Sending or reading emails
- Using instant messaging applications
- Manually entering other forms of nonvoice communication
Florida’s texting-while-driving prohibition is enforceable as a primary offense, meaning an officer may stop a driver for a suspected violation.
Florida also places additional restrictions on handheld wireless device use in designated school crossings, school zones, and active work zones. Drivers should understand that the rules governing phone use can change depending on where and how the device is being used.
Even when a particular form of phone use is not specifically prohibited, a driver can still be responsible for causing an accident if distraction leads to negligent driving.
WHAT ARE THE PENALTIES FOR TEXTING WHILE DRIVING IN FLORIDA?
Florida law provides penalties for violations of its wireless communication restrictions.
A first violation of Florida’s texting-while-driving law is generally treated as a nonmoving traffic violation. Subsequent violations within the applicable period can carry increased penalties and may result in points being assessed against the driver’s license.
Additional consequences can apply when violations occur in designated school or work zones.
Traffic penalties, however, are separate from civil liability.
A driver who causes an accident while distracted may face a personal injury claim regardless of whether that driver was cited at the scene. Similarly, the absence of a traffic citation does not necessarily mean that distraction cannot later be established through other evidence.
HOW DOES DISTRACTED DRIVING CAUSE ACCIDENTS?
Distracted driving is not limited to texting. Distraction generally falls into three categories:
Visual distraction occurs when a driver takes their eyes off the road.
Manual distraction occurs when a driver takes one or both hands away from controlling the vehicle.
Cognitive distraction occurs when a driver’s attention is focused on something other than driving.
Cell phone use can involve all three at the same time. A distracted driver may fail to notice slowing traffic, drift into another lane, miss a traffic signal, overlook a pedestrian, or react too late to avoid a collision. Common distracted driving accidents include rear-end collisions, sideswipe accidents, intersection crashes, lane-departure accidents, and collisions involving pedestrians or cyclists.
HOW DO YOU PROVE A DRIVER WAS DISTRACTED?
One of the biggest challenges in a distracted driving claim is proving what the other driver was doing immediately before the crash.
The driver may deny using a phone, and distraction may not always be obvious from the accident report.
Depending on the circumstances, an investigation may examine evidence such as:
- Cell phone and usage records
- Text message or call timestamps
- Traffic or surveillance camera footage
- Dashcam video
- Witness statements
- Photographs from the accident scene
- Vehicle data
- Statements made by the driver
- Police reports and citations
In some cases, the timing of a phone call, message, or other activity can become important when compared with the timeline of the collision.
Preserving this evidence early can be critical because some records and video footage may not remain available indefinitely.
CAN YOU FILE A PERSONAL INJURY CLAIM AFTER A DISTRACTED DRIVING ACCIDENT?
Florida is a no-fault insurance state, which means injured drivers typically first turn to their own Personal Injury Protection, or PIP, coverage for certain medical expenses and lost income following an accident.
However, serious injuries may allow an accident victim to pursue additional compensation from the driver or other parties responsible for the collision.
Depending on the circumstances, a personal injury claim may seek compensation for:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Other accident-related losses permitted under Florida law
The amount and types of compensation available depend on the facts of the accident, the injuries involved, available insurance coverage, and other factors.
DOES A TEXTING TICKET PROVE THE DRIVER IS LIABLE?
A traffic citation can become an important piece of evidence, but personal injury liability involves a separate legal analysis. To establish negligence, evidence generally must show that the other driver failed to exercise reasonable care and that this failure caused the accident and resulting injuries.
That means a distracted driving case may still be possible even when the other driver was never issued a citation. A personal attorney can investigate beyond the initial police report to determine whether additional evidence supports the claim.
WHAT SHOULD YOU DO AFTER AN ACCIDENT WITH A DISTRACTED DRIVER?
If you believe another driver was distracted when they caused an accident, your first priority should be your safety and health.
Call law enforcement and seek appropriate medical care. If you can safely do so, photograph the vehicles, roadway, traffic signals, and surrounding area. Obtain contact information from witnesses, particularly anyone who may have seen the other driver using a phone before the collision.
Avoid confronting the other driver about their phone use. Instead, tell the responding officer what you observed and allow the evidence to be investigated.
Keep medical records, bills, insurance correspondence, photographs, and other documents related to the accident.
You should also use caution when providing statements to insurance companies before you fully understand your injuries and legal options.
HOW LONG DO YOU HAVE TO FILE A DISTRACTED DRIVING CLAIM IN FLORIDA?
Florida law establishes deadlines for filing personal injury lawsuits. The applicable deadline can depend on when the accident occurred and the specific circumstances of the case.
Waiting until the deadline approaches can create additional problems even when a claim remains legally viable. Phone records, surveillance footage, witness recollections, and other evidence can become more difficult to obtain as time passes.
Speaking with an attorney early can help determine which deadline applies and allow important evidence to be preserved.
TALK TO WOOLSEY MORCOM AFTER A DISTRACTED DRIVING ACCIDENT
If you were injured because another driver was texting, using a phone, or otherwise distracted behind the wheel, Woolsey Morcom can help you understand your options.
Our personal injury attorneys can investigate the accident, preserve relevant evidence, communicate with insurance companies, evaluate your damages, and pursue compensation from those responsible for your injuries.
Every accident is different. We take the time to understand what happened and how the collision has affected your health, work, finances, and everyday life.
Contact Woolsey Morcom today to schedule a consultation about your distracted driving accident claim.
FREQUENTLY ASKED QUESTIONS
CAN I USE GPS WHILE DRIVING IN FLORIDA?
Florida law does not prohibit all use of navigation applications while driving. However, manually interacting with a phone while the vehicle is moving can create a dangerous distraction. Setting your destination before driving or using voice-guided navigation can help minimize distraction.
ARE HANDS-FREE CALLS LEGAL IN FLORIDA?
Florida does not generally prohibit hands-free phone calls while driving. However, additional restrictions apply to handheld wireless device use in designated school and work zones. Drivers remain responsible for operating their vehicles safely regardless of whether a particular form of phone use is technically permitted.
WHAT IF THE DRIVER DENIES TEXTING?
A driver’s admission is not the only way to establish distraction. Phone records, video footage, witness testimony, vehicle data, and other evidence may help determine what the driver was doing immediately before the collision.
CAN I HAVE A CLAIM IF THE OTHER DRIVER WAS NOT TICKETED?
Potentially. A traffic citation and a personal injury claim are separate matters. The absence of a citation does not automatically prevent an injured person from establishing that another driver’s negligence caused the accident.
HOW LONG DO I HAVE TO FILE A CLAIM?
The deadline depends on the facts of the case and the law applicable to the accident. Because missing a statute of limitations can prevent a lawsuit from moving forward, it is important to determine the applicable deadline rather than assuming a specific amount of time applies.
