Distracted Driving Accident Claims in Florida

Distracted driving is one of the most common and most preventable causes of serious accidents on Florida roads, and proving it requires specific evidence.

Written by the Florida Injury Team Legal Content Team · Reviewed for accuracy by our network of licensed Florida attorneys · Learn about our editorial process

Distracted driving is a leading cause of Florida crashes

Texting, scrolling, eating, or adjusting a GPS while driving all take a driver's eyes, hands, or attention off the road. Florida's texting-while-driving law makes it a primary offense, meaning an officer can pull someone over for it alone.

How you prove distraction caused the crash

• Cell phone records obtained through the discovery process or a subpoena
• Witness statements describing the driver's behavior before impact
• Traffic camera or dash cam footage
• Vehicle data showing sudden braking (or a lack of it) right before the crash

Why these cases can be contested

Phone records don't always show up automatically — insurers rarely volunteer that the other driver was distracted. An attorney can request the records and build the evidence needed to establish fault.

Comparative negligence still applies

As with any Florida injury claim, if you were also partly at fault, your compensation is reduced by your percentage of fault rather than eliminated entirely.

What to do after a suspected distracted-driving crash

• Note anything you noticed about the other driver's behavior before the crash
• Ask any witnesses if they saw the driver using a phone
• Preserve your own dash cam footage if you have any
• Get medical care and keep detailed records