Distracted driving has become one of the leading causes of car accidents in Miami and throughout Florida. Every day, drivers take their eyes off the road to send texts, check social media, program...
Distracted driving has become one of the leading causes of car accidents in Miami and throughout Florida. Every day, drivers take their eyes off the road to send texts, check social media, program GPS devices, or engage in countless other distractions. When these drivers cause accidents, they put innocent people at risk of serious injury. If you've been hurt by a distracted driver, understanding Florida's laws and how to prove distraction can help you recover the compensation you deserve.
The Distracted Driving Epidemic
Distracted driving has reached epidemic proportions. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving kills approximately 3,000 people and injures over 400,000 annually in the United States. In Florida, hundreds of crashes every year are attributed to distracted driving.
The problem has intensified with smartphone proliferation. Today's drivers have more potential distractions at their fingertips than ever before: text messages, social media notifications, emails, navigation apps, music streaming, and more. Even hands-free technology, while safer than handheld use, still causes cognitive distraction.
What makes distracted driving particularly dangerous is how quickly it can lead to disaster. At 55 mph, looking at a text for just five seconds means traveling the length of a football field essentially blind. In Miami traffic, even a moment's inattention can cause a catastrophic crash.
Florida's Distracted Driving Laws
Florida has enacted laws specifically targeting distracted driving, though critics argue they don't go far enough.
Texting while driving is a primary offense in Florida, meaning police can pull you over solely for texting. The first offense is a non-moving violation with a $30 fine plus court costs. Second offenses within five years are moving violations with points on your license.
Handheld phone use in school and work zones is prohibited. Using a handheld device while driving through active school zones or construction zones is a moving violation.
However, Florida does not have a comprehensive ban on handheld phone use while driving, unlike many other states. Talking on a handheld phone while driving remains legal (except in school/work zones).
While these laws set minimum standards, violating them doesn't automatically make a driver liable in a civil case. Conversely, a driver can be civilly liable for distracted driving even without a citation if their inattention caused the crash.
Types of Driver Distraction
Distraction isn't limited to cell phones. Safety experts identify three types of driver distraction:
Visual distraction: Taking your eyes off the road. This includes looking at a phone, checking GPS, looking at passengers, or rubbernecking at other accidents.
Manual distraction: Taking your hands off the wheel. This includes holding a phone, eating, adjusting controls, reaching for items, or grooming.
Cognitive distraction: Taking your mind off driving. This includes engaging conversations, emotional distress, thinking about work or personal issues, or listening to absorbing content.
Texting is considered particularly dangerous because it involves all three types of distraction simultaneously—you're looking at the phone, holding the phone, and thinking about the message.
Other common distractions causing accidents include eating and drinking, adjusting music or climate controls, conversing with passengers, tending to children or pets, using GPS devices, and personal grooming.
Proving the Other Driver Was Distracted
One of the challenges in distracted driving cases is proving the other driver was actually distracted at the time of the crash. Unlike drunk driving, there's no "breathalyzer" for distraction. However, several types of evidence can help:
Cell phone records can be subpoenaed to show if the driver was texting, calling, or using data at the time of the crash. Timestamps on texts or calls can be matched to the accident time.
Witness testimony from passengers in either vehicle, or bystanders who observed the driver before impact, can establish distraction.
The driver's own statements at the scene or to police admitting they were on their phone or otherwise distracted.
Social media activity showing posts, checks-ins, or messages timestamped around the accident time.
Accident reconstruction can sometimes reveal patterns consistent with distraction, such as no braking before impact or drifting from the lane.
Dashcam or surveillance footage that captured the other vehicle or driver before the crash.
Your attorney can issue subpoenas for cell phone records and other electronic evidence that the driver might not voluntarily produce.
Damages in Distracted Driving Cases
If a distracted driver injured you, you may be entitled to compensation for:
Medical expenses: All costs of treating your injuries, from emergency care through rehabilitation and ongoing treatment.
Lost wages: Income lost while you couldn't work due to your injuries.
Pain and suffering: Physical pain and emotional distress caused by the accident and your injuries.
Property damage: Repair or replacement of your vehicle and personal property.
Future damages: Ongoing medical care, reduced earning capacity, and long-term impacts if your injuries are permanent.
In cases of extreme recklessness, punitive damages may be available to punish the wrongdoer. A driver who was streaming video or playing games while driving on the highway might face punitive damages beyond ordinary compensation.
What to Do After a Distracted Driving Accident
If you suspect the driver who hit you was distracted:
Call police and ensure an accident report is created. Tell officers if you observed the driver on their phone or otherwise distracted.
Document everything. Photograph the scene, vehicle damage, and the other driver if possible. Note if they're still holding a phone.
Get witness information. Bystanders may have seen the driver texting before impact.
Don't confront the driver about their distraction. This could lead to a confrontation or cause them to delete evidence. Let your attorney handle obtaining records.
Seek medical attention promptly to document your injuries.
Contact an attorney who can move quickly to preserve electronic evidence before it's deleted or overwritten.
Contact Emas Law Group Today
Distracted driving is a choice, and drivers who choose to text, scroll, or otherwise take their attention off the road should be held accountable when they cause accidents. If you've been injured by a distracted driver in Miami, you don't have to face the insurance companies alone. Contact Emas Law Group for a free consultation. We know how to investigate distracted driving cases, obtain crucial evidence, and fight for the compensation our clients deserve.
Frequently Asked Questions
Can I get the other driver's cell phone records?
Yes, through the legal discovery process, your attorney can subpoena cell phone records that show activity at the time of the crash. This typically happens after a lawsuit is filed, though in some cases evidence preservation letters can prevent deletion beforehand.
Is using GPS while driving illegal in Florida?
Using GPS while driving is not specifically illegal in Florida. However, if GPS use causes a driver to become distracted and crash, they can still be held civilly liable for negligent driving. Programming a GPS while moving is particularly dangerous.
What if the distracted driver wasn't cited by police?
A citation isn't required for civil liability. Police may not cite for distraction if they can't prove it at the scene. However, your civil case can uncover evidence through investigation and discovery that proves distraction even without a ticket.
Are hands-free devices safer for driving?
Hands-free devices are safer than handheld use but still cause cognitive distraction. Studies show that drivers using hands-free phones still miss visual cues and react slower than undistracted drivers. Using any device while driving increases accident risk.