A split second is all it takes. When a driver glances down at a phone, reaches for a drink, or turns to talk to a passenger, the road stops getting their attention — and that’s when serious crashes happen. If you or someone you love was hurt by a distracted driver, you’re likely dealing with medical bills, missed work, and a lot of unanswered questions. At Romano Law Group, we’re here to help you understand your options and pursue the compensation you deserve.
What Counts as Distracted Driving
Distracted driving covers more than texting. It includes any activity that takes a driver’s hands off the wheel, eyes off the road, or mind off driving. Common examples include:
- Texting, calling, or scrolling on a phone
- Using GPS or adjusting a navigation app
- Eating, drinking, or grooming behind the wheel
- Talking with passengers or tending to children in the car
- Adjusting the radio or an in-car entertainment system
Safety researchers generally group distractions into three categories: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving). Texting is particularly dangerous because it involves all three at once, but even a ‘quick’ phone call or a moment spent reaching for something in the back seat can be enough time for a vehicle to travel the length of a football field at highway speed.
Florida’s Distracted Driving Laws
Florida has specific laws that cover distracted driving, including restrictions on handheld phone use and texting while driving, with enhanced restrictions in school and work zones. Even when a distraction isn’t specifically banned by statute, a driver who takes their attention off the road and causes a crash can still be held liable under general negligence principles.
Proving Fault in a Distracted Driving Case
Distracted driving cases often come down to evidence most people wouldn’t think to look for. Depending on the circumstances, this can include cell phone records showing activity at the time of the crash, in-vehicle data recorders, traffic or dash camera footage, eyewitness statements, and the police crash report. Because phone records and electronic data can be difficult to obtain — and can disappear or become harder to access over time — it helps to have someone moving quickly to preserve this evidence early.
What To Do After a Distracted Driving Accident
If you’ve been in a crash you believe involved a distracted driver, a few steps can make a real difference for your health and your case:
- Seek medical attention, even if injuries seem minor at first
- Call the police and request an official crash report
- Take photos of the vehicles, the scene, and any visible injuries
- Get contact information for any witnesses
- Avoid giving a recorded statement to an insurance adjuster before speaking with an attorney
Frequently Asked Questions
How do I prove the other driver was distracted?
Evidence like phone records, witness accounts, and crash reconstruction can help establish distraction. An attorney can help identify and request the right records before they’re lost, since carriers and phone providers may only retain certain data for a limited window of time.
What if I was partly at fault for the accident?
Florida law allows injured parties to pursue compensation even when fault is shared, though it can affect the amount recovered; this is called comparative fault. Every case is different, so it’s worth discussing the specifics with an attorney.
How long do I have to file a claim?
Florida’s statute of limitations sets a deadline for filing a personal injury lawsuit. Because evidence can fade quickly, it’s best not to wait to have your case reviewed.
If a distracted driver has upended your life, you don’t have to navigate the aftermath alone. Romano Law Group offers a free consultation, and you pay no fee unless we recover compensation for you. Reach out today to talk through what happened and learn about your options.
