Texting and Driving Accident Lawyer in Florida

Florida Texting and Driving Accident Help When a Distracted Driver Changed Your Day

A texting and driving accident can begin with a text message that takes only a few seconds to read. At highway speed, those seconds represent hundreds of feet traveled without a driver’s eyes on the road. If you were caught in that moment of inattention, you know how quickly and completely it can upend your life. Maybe your injury has kept you out of work. Maybe medical bills are adding pressure while the insurance company delays. Maybe you just need to know where to turn.

Pardy & Rodriguez, P.A. represents people across Florida who have been hurt in accidents caused by drivers using their phones. We take these cases seriously because we know the real harm they cause and the careful work it can take to move a claim forward.

Call us at 888-522-0222or fill out our online form to schedule a free consultation with our team.

Key Takeaways

Here are the main points to know after a texting or cell phone crash in Florida:

• Florida law restricts manually typing, sending, or reading certain nonvoice communications while operating a moving vehicle.
• A driver who causes a crash while distracted by a mobile device, cell phone, GPS, social media, or phone calls may be responsible for injuries and losses.
• A police report, witness statements, phone records, billing records, photos, video, and vehicle data may help show what happened.
• PIP, the 14-day medical treatment rule, comparative fault, and the statute of limitations can affect the claim.

• Pardy & Rodriguez, P.A. is agile and small enough to care, with a local team that helps injured people pursue compensation without false expectations.

What Is a Texting and Cellphone Accident Claim?

A texting or cell phone accident claim is a personal injury case brought when a driver’s phone use causes a collision. This can include several types of distracted driving behaviors, such as:

• Texting while driving: Reading, typing, or sending a text message while the vehicle is moving.
• Scrolling social media: Looking at posts, videos, alerts, or messages instead of the road.
• Making handheld calls: Holding a cell phone during phone calls while driving.
• Using apps or GPS: Looking down at a mobile device for directions, notifications, or app activity.

Florida law prohibits drivers from manually texting while a vehicle is in motion and further restricts handheld wireless communication device use in designated school zones, school crossings, and work zones when the law applies. When a driver violates that law and injures someone, that violation can become a meaningful piece of evidence in a civil claim. It does not automatically resolve the case, but it can help show that the driver failed to meet the standard of care the law requires.

What sets these cases apart is the ability to pursue phone records as evidence. With the proper legal steps, it may be possible to subpoena records showing that a driver was actively using a device at the time of impact. That kind of evidence can shape the direction of a claim.

Causes of Texting and Cell Phone Accidents in Florida

Distracted driving is a serious issue on Florida roads. According to Florida Department of Highway Safety and Motor Vehicles (FLHSMV), approximately one in seven motor vehicle crashes in Florida involve a distracted driver. Texting, cell phone use, GPS use, and other distractions can pull a driver’s attention away from the road in seconds.

Common causes of texting, cell phone, and distracted driving accidents include:

• Reading or sending a text message: A driver who looks down to read or type can miss stopped traffic, a red light, a pedestrian, or a vehicle changing lanes.
• Holding a cell phone while driving: Handheld cell phone use can take one hand off the wheel and pull attention away from traffic conditions.
• Checking social media or apps: Scrolling, posting, or checking message frequency can distract a driver in seconds.
• Using GPS or map apps: A driver may drift, brake late, or miss a hazard while typing an address or looking down at directions.
• Making phone calls: Phone calls can affect reaction time, especially when the driver is focused on the conversation instead of the road.

Pardy & Rodriguez, P.A. can review whether phone use, driver distractions, road conditions, other parties, or insurance issues have played a role in your accident. A free consultation can help you ask questions before you speak further with the insurance company.

Florida Law on Texting While Driving and Cell Phone Use

Florida’s texting while driving law prohibits drivers from manually typing, sending, or reading certain nonvoice communications while a vehicle is moving. This includes texts, emails, and instant messages. Florida also restricts handheld wireless device use in designated school zones, school crossings, and active work zones.

Texting while driving is a primary offense in Florida. That means law enforcement can stop a driver and issue a citation for texting while driving, even if no other violation led to the stop.

If a driver violates these rules and causes a crash, that violation can support a civil injury claim. A citation does not resolve the case by itself, but it can work with other evidence, including the police report, witness statements, vehicle damage, phone records, billing records, and medical documentation.

Emergency vehicle operators are exempt from texting laws when they are performing official duties. Florida law also includes limited exceptions for law enforcement, fire service professionals, emergency medical services professionals, emergency reporting, safety alerts, and certain hands-free uses.

Florida also has rules about phone searches. Officers generally need a warrant to access a wireless device, but in crashes involving injury or death, certain billing records or related testimony may be used to help determine whether a texting violation occurred.

In Florida, injured people generally have two years to file a negligence lawsuit after a personal injury accident. Wrongful death claims also generally have a two-year deadline. Acting early can help preserve phone records, surveillance footage, dashcam video, witness information, and other evidence before it becomes harder to gather.

Common Injuries From Texting and Cell Phone Accidents

A distracted driver may not brake in time, may strike another vehicle at full speed, or may fail to react before impact. These accidents can cause injuries that affect daily life, work, family responsibilities, and long-term health.

Common injuries from texting and cell phone accidents may include:

• Neck and back injuries: The force of a crash can strain the neck, back, or spine, causing pain that may appear right away or worsen over time.
• Shoulder, knee, hip, and joint injuries: A crash can force the body against the seatbelt, dashboard, door, or steering wheel.
• Broken bones and facial injuries: The impact can cause fractures, dental injuries, bruising, or scarring.
• Head and brain injuries: Headaches, concussions, dizziness, memory problems, and traumatic brain injuries may appear right away or develop later.

• Internal injuries: Internal bleeding or organ damage may not be obvious immediately after the accident, which makes medical care important.
• Fatal injuries: If a loved one died because of a distracted driving accident, surviving family members may have grounds to bring a wrongful death lawsuit.

Evidence That May Help Prove a Distracted Driving Accident

Phone-related accidents can be difficult because drivers do not always admit they were texting, reading a message, checking an app, or making phone calls. Some drivers deny cell phone use even when witnesses see them looking down or holding a device. That is why evidence is so important.

A distracted driving accident lawyer can review:

• The police report
• Photos
• Video
• Witness statements
• Crash location
• Vehicle damage
• Medical records
• Insurance information

In certain cases, phone records or billing records may show call logs, text activity, or data usage around the time of the crash. That information can be compared with the accident timeline.

Other evidence may also help:

• A rear-end crash may show that the driver failed to brake
• A lane-drift crash may show that the driver was not watching the road
• A red-light crash may show that the driver missed a traffic signal
• A pedestrian or cyclist crash may show that the driver failed to see someone who was plainly visible

Evidence should be reviewed early because some records may not stay available for long. Video footage can be deleted, vehicles can be repaired, and witnesses can become harder to reach. A cellphone accident lawyer can help identify what evidence may support your claim and what steps may need to be taken quickly.

Benefits of Pursuing a Cellphone Accident Claim in Florida

When phone use is involved, there are specific advantages to working with an attorney from the start:

• Access to phone records: Subpoenaing carrier records to confirm device activity at the time of the crash is a powerful tool. Timing matters, and an attorney can move quickly to preserve this evidence.
• A statutory violation in your corner: Florida’s ban on handheld phone use while driving means a law was likely broken. That gives your attorney a concrete foundation to build a negligence argument.
• Full accounting of your losses: An attorney can assess not just your current medical expenses but also future treatment, lost earning capacity, and non-economic damages like pain and suffering.
• Representation that shifts the dynamic: When you have legal counsel, insurers treat claims differently. Your attorney handles all communication, removing pressure from you during an already difficult time.
• Contingency fee representation: Pardy & Rodriguez, P.A. handles qualifying texting and driving accident cases on a contingency fee basis. That means there are no upfront attorney fees, and attorney fees are paid from the financial recovery if compensation is paid through a settlement or court award.

Liability and Negligence in Texting and Driving Accident Claims

Negligence means a person failed to use reasonable care under the circumstances. A driver who texts, reads a message, checks a mobile device, or allows another distraction to interfere with driving can be negligent if that conduct causes a crash.

Florida comparative fault law can affect the claim. If an injured person is found partly responsible, compensation may be reduced by that percentage. If a person is found more than 50 percent at fault for their own harm, Florida law may bar recovery in a negligence action. This rule matters because an insurance company may try to shift blame, even when the other driver was distracted.

Liability may involve more than the distracted driver. If the driver was working, using someone else’s vehicle, or driving for a rideshare or delivery service, other parties may need to be reviewed. Pardy & Rodriguez, P.A. look at the full picture so the claim is not limited too early.

How a Texting and Cell Phone Accident Claim Works in Florida With Pardy & Rodriguez

A texting or cell phone accident claim often starts with a free consultation. During that conversation, Pardy & Rodriguez, P.A. listens to what happened, reviews the information you have, and explains what may affect your claim and the legal process ahead.

From there, the focus shifts to evidence. A police report, witness statements, photos, video, and phone records help show whether cell phone use contributed to the crash.

The claim may also involve insurance issues. Florida PIP helps with certain medical expenses and lost wages first. If your injuries meet Florida’s legal threshold, you may also have grounds to pursue a claim against the at-fault driver or another responsible party.

Once the evidence and medical information are reviewed, the insurance company may respond with a settlement offer or dispute parts of the claim. Insurance companies often make low initial settlement offers after accidents, especially before the full cost of medical care, missed work, and long-term effects is clear. If the insurer does not make a fair offer, a personal injury lawsuit may be needed.

Pardy & Rodriguez, P.A. prepares each claim with that possibility in mind and keeps clients informed as the case moves forward.

Matters Handled in Texting and Cellphone Accident Cases

Our firm handles a wide range of claims connected to phone-related driver distraction, including:

• Crashes caused by texting, scrolling, or social media use while driving
• Handheld phone call accidents
• Rideshare driver phone use causing injury (Uber, Lyft)
• Commercial driver distraction claims
• Rear-end and intersection crashes linked to phone use
• Pedestrian and cyclist injuries caused by distracted drivers
• Wrongful death claims where phone use contributed to a fatal crash

Why Work With Pardy & Rodriguez, P.A.

Our attorneys handle car accident cases and are familiar with the evidence that phone-related crashes can require. We know how to pursue phone records through proper legal channels, how Florida law applies to this type of negligence, and how insurers may respond when this evidence is part of the claim. That knowledge guides the way we prepare and present your claim.

As a Florida personal injury law firm, we work on a contingency fee basis and are direct with our clients from the start. When you call, you speak with a team of driving accident attorneys that will be honest about the strengths and challenges of your case, responsive throughout the process, and focused on pursuing a fair resolution based on the facts.

Schedule Your Free Case Evaluation

You may not know yet whether you have a claim, and that is completely understandable. A free consultation is not a commitment; it is simply a conversation that can give you clarity and a better sense of direction.

Call us at 888-522-0222 or fill out our online form to schedule a free consultation with our team. We will listen carefully, answer your questions honestly, and let you know exactly where things stand. There is no pressure and no cost to talking with us.