Distracted driving accidents continue to be one of the most common and dangerous causes of serious crashes across Florida. With drivers increasingly using mobile phones, GPS systems, and in-vehicle technology, even a brief loss of focus can lead to devastating injuries or fatalities. If you or a loved one were harmed in a distracted driving accident, understanding your legal rights is critical.
At the Law Offices of Wolf & Pravato, our attorneys have extensive experience representing victims injured in distracted driving accidents. We work with accident investigators, medical experts, and reconstruction specialists to uncover evidence of distraction and hold negligent drivers accountable.
What Is Distracted Driving?
Distracted driving is any activity that diverts a driver’s attention from the safe operation of a vehicle. According to theNational Highway Traffic Safety Administration (NHTSA), distractions fall into three main categories:
Visual Distractions
Taking your eyes off the road, such as:
- Reading or sending text messages
- Looking at GPS directions
- Turning to look at the passengers
- Searching for items inside the vehicle
Manual Distractions
Removing your hands from the steering wheel, including:
- Texting or dialing a phone
- Eating or drinking
- Adjusting music or climate controls
- Grooming or applying makeup
Cognitive Distractions
Taking your mind off driving, such as:
- Talking on the phone, even hands-free
- Daydreaming
- Driving while fatigued or stressed
- Driving under the influence
Texting while driving is particularly dangerous because it involvesall three types of distraction at the same time.
Distracted Driving Laws in Florida
Florida law prohibits texting while driving and classifies it as aprimary offense, meaning police can stop a driver solely for this violation.
Penalties May Include:
- Monetary fines
- Points added to the driver’s license
- Increased insurance premiums
- Enhanced penalties in school or work zones
Despite these laws, distracted driving accidents remain one of the most underreported traffic hazards in the state.
Common Causes of Distracted Driving Accidents
Our firm regularly handles distracted driving accident cases involving the following behaviors:
Texting and Phone Use
Reading or sending a text message takes a driver’s eyes off the road for several seconds, drastically increasing crash risk.
Social Media Use
Scrolling, posting, or watching videos while driving severely impairs reaction time and awareness.
GPS and Navigation Apps
Programming or checking directions while moving diverts both visual and cognitive attention.
Eating or Drinking While Driving
Handling food or drinks limits steering control and attention.
Adjusting Music or Vehicle Controls
Searching for a song or station often leads to missed traffic signals and delayed braking.
Talking on the Phone
Even hands-free conversations can reduce situational awareness.
Passenger Distractions
Turning to talk to passengers or manage children in the back seat increases the risk of a crash.
Grooming While Driving
Applying makeup or fixing hair removes attention from the roadway.
Reaching for Objects
Grabbing items from the floor or back seat can cause lane drifting or rear-end collisions.
Daydreaming
Mental inattention is a frequent but overlooked cause of distracted driving accidents.
Distracted Driving and Motorcycle Accidents
Motorcyclists face heightened danger when drivers are distracted. Because motorcycles are smaller and less visible, distracted drivers often fail to see them in time to avoid a collision. Many motorcycle crashes occur when a distracted driver fails to yield, turns left in front of a rider, or drifts into another lane.
Motorcycle accidents caused by distracted driving frequently result in severe injuries, including traumatic brain injuries, spinal cord damage, and permanent disabilities.
How Accident Investigators Prove Distracted Driving
Accident investigators play a crucial role in distracted driving accident claims. Their goal is to identify the distraction, link it to the crash, and establish negligence.
Evidence Often Includes:
- Police and crash reports
- Eyewitness statements
- Dashcam, traffic camera, or surveillance footage
- Cell phone records showing calls or texts near the time of impact
- Vehicle black box and GPS data
- Physical evidence from the crash scene
In many cases handled byWolf & Pravato, investigators have uncovered phone activity occurring seconds before impact, providing critical proof of distracted driving.
Dealing With an Insurance Adjuster After a Car Accident
After a distracted driving accident, you may be contacted by aninsurance adjuster after a car accident. While adjusters may appear helpful, their goal is often to minimize the insurance company’s financial responsibility.
An insurance adjuster after a car accident may:
- Request a recorded statement
- Question the severity of your injuries
- Downplay evidence of distraction
- Attempt to shift partial blame onto you
Before speaking with an insurance adjuster after a car accident, it is wise to consult an attorney. A lawyer can handle all communications, protect your rights, and ensure that evidence of distracted driving is properly presented.
Proving Negligence in a Distracted Driving Accident
To recover compensation, your legal team must establish four key elements:
- Duty of Care – The driver had a legal obligation to drive safely
- Breach of Duty – The driver was distracted
- Causation – The distraction caused the accident
- Damages – You suffered injuries and financial losses
Strong evidence, expert testimony, and thorough investigation are essential to proving these elements.
Compensation Available to Victims
Victims of distracted driving accidents may be entitled to compensation for:
- Medical expenses and future treatment
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
If a distracted driving accident results in a fatality, surviving family members may pursuewrongful death compensation.
Why Acting Quickly Matters
Florida law generally allowstwo years to file a personal injury or wrongful death claim. Evidence such as cell phone records and surveillance footage can be lost or destroyed quickly. Early legal action improves the likelihood of preserving critical proof and building a strong case.
Contact a Florida Distracted Driving Lawyer Today
If you were injured in a distracted driving accident, The Law Offices of Wolf & Pravato are prepared to help. Our legal team works on a contingency-fee basis, meaning you pay nothing unless we recover compensation for you.
Call (818) 418-4000 today for afree consultation.
