Miami Distracted Driving Accident Attorneys
Texting and Other Distracted Driving Accidents
Distracted driving is one of the most dangerous—and most prevalent—hazards
on our highways and roads. According to the
Florida Department of Highway Safety and Motor Vehicles, distracted driving-related traffic fatalities have steadily increased
since 2015, with a total of 48,537 distracted driving accidents in the
state in 2020 alone. These accidents led to more than 2,700 serious injuries
and over 300 deaths that same year.
If you were injured or if someone you love died in a motor vehicle collision
caused by a distracted driver, Rossman, Baumberger, Reboso & Spier,
P.A. can help. In some cases, distracted drivers are not only being negligent,
but are also acting criminally—and they can be held legally accountable
for victims’ resulting injuries, damages, and losses.
car accident claim after a distracted driving accident in Florida can be complicated.
We encourage you to reach out to an attorney who knows the law and who
can stand up for your rights. Our distracted driving accident attorneys
in Miami are ready to put our extensive experience and collective resources
on your side.
Schedule a no-cost, no-obligation consultation with a member of our team
(305) 900-5493 or
contact us online to get started.
On This Page:
What Are the Main Types of Distracted Driving?
While most people recognize the dangers of texting and driving, many do
not realize that this is far from the only type of distracted driving.
In fact, any activity or conduct that takes a driver’s attention
away from the road is considered a driving distraction.
Driving distractions are broken down into four main types:
Visual Distractions: A visual driving distraction is anything that takes the driver’s
eyes off the road, even for a split second.
Manual Distractions: Manual driving distractions are activities/conduct that take the driver’s
hand(s) off the steering wheel.
Cognitive Distractions: A driver is cognitively distracted while driving if their mind is focused
on anything other than the task of driving.
Auditory Distractions: An auditory driving distraction is a noise or sound that causes the driver
to lose focus on the road.
Many driving distractions fall under more than one category. For example,
texting while driving is so dangerous because it combines multiple types
of driving distractions: the driver has one or both hands off the wheel
to hold the cell phone/device and type, their eyes are off the road as
they are looking at the cell phone/device, and their mind is focused on
the content of the text message rather than the road ahead. The sound
of an incoming message can even serve as an auditory distraction for those
behind the wheel.
What Are Examples of Driving Distractions Other Than Texting While Driving?
Although texting while driving is one of the most dangerous distractions
for motorists, as well as the main type of driving distraction prohibited
by law, it is not the only thing that can cause a driver to lose focus.
Other common types of driving distractions, many of which are just as dangerous
as texting while driving, include:
- Using a GPS or navigational system
- Adjusting a vehicle’s controls, such as the radio or AC
- Reading or sending emails on a handheld device
- Taking pictures or videos on a cell phone
- Looking at or posting to social media, such as Instagram, Twitter, or Tik Tok
- Eating, drinking, or smoking
- Attending to children or pets in the vehicle
- Reaching for an item that has fallen to the floor of the vehicle
- Looking at billboards, signs, and other items along the roadway
- Looking at an accident (“rubbernecking”)
- Conversing with passengers
- Grooming or applying makeup
- Using headphones or earbuds in both ears while driving
- Listening to excessively loud music
These and other unsafe activities behind the wheel put everyone at risk.
The best way to prevent driving distractions is to eliminate them; keep
your phone out of reach and on silent or in “do not disturb”
mode while driving. Never use a cell phone behind the wheel, even when
stopped at a red light or stop sign, and refrain from engaging in any
other behaviors that may divert your attention to the most important task
at hand: driving.
What Is the Most Common Type of Crash Caused By Distracted Driving?
Some of the most common types of crashes caused by distracted driving are
rear-end accidents. This is often a result of the distracted driver following
the vehicle in front of them too closely and therefore being unable to
stop in time if traffic suddenly halts. In some cases, a rear-end accident
can even occur if the driver begins to text before they have brought their
car to a complete stop.
Is Distracted Driving Illegal in Florida?
While all types of driving distractions are considered negligence, only
certain forms of distracted driving are prohibited by law in Florida.
Specifically, as of 2019, using a handheld device, such as a cell phone,
to send or receive any form of text-based communication, including text
messages, while driving is a primary offense. This means that police officers
can conduct traffic stops and issue citations specifically for texting
The law also prohibits using a cell phone or handheld communications device
in school zones and school crossings, as well as construction/roadwork
zones. Unfortunately, studies have shown that the
ban has been rarely enforced since its introduction, meaning drivers are still at a high risk of being involved in an accident
with a distracted driver.
Filing a Distracted Driving Accident Claim in Florida
If you or someone you love was hurt by a texting or distracted driver,
we encourage you to reach out to our Miami distracted driving accident
lawyers at Rossman, Baumberger, Reboso & Spier, P.A. You are likely
entitled to financial compensation through your own no-fault insurance
(known as personal injury protection, or PIP, coverage). However, you
may also be able to file a
personal injury lawsuit against the at-fault driver if you can prove that their negligence
caused the accident and that you suffered “serious” injuries,
as defined by the state.
To qualify for compensation through your PIP coverage, you
must seek medical attention within 14 days of the crash. Because of this, and
for reasons involving your personal health and well-being, it is absolutely
critical that you see a medical professional as soon as possible after
the accident. Then, reach out to our team at Rossman, Baumberger, Reboso
& Spier, P.A. for help with your claim. Our attorneys have extensive
experience representing victims of all types of distracted driving accidents,
including those involving texting/cell phone use behind the wheel. We
have a long history of success and are ready to fight for the maximum
compensation you are owed.
How Is Distracted Driving Proven?
Proving that the other driver was distracted at the time of your accident
can be a monumental task. However, with the right technique, even this
can often be proven in court. Some of the most common ways of proving
distracted driving include:
Phone records - these can be used to prove that the other driver was either texting
or calling at the time of the crash
Social media data - if the other driver was on social media at the time of their accident
records may be found to prove that they were distracted (i.e. photos or
stories posted to Instagram around the same time, status updates on Facebook
or Twitter, etc.)
Driver confessions - Sometimes a driver will even admit at the scene of the accident that
they were distracted, even if they take back this confession in court,
sometimes it can still be used as evidence
Witnesses - If other drivers or pedestrians witnessed the distracted driver on their
phone or otherwise distracted, their testimonies can help support your
claim in court
There Are No Fees Unless We Win Your Case
When you reach out to our firm, you get an entire team of attorneys and
legal professionals dedicated to you and your recovery. We provide free
initial consultations and contingency fees, meaning you do not owe any
upfront or out-of-pocket costs when you hire our team. Instead, our attorneys
only collect fees if/when they recover a settlement or verdict for you.
To learn more, including how our distracted driving accident lawyers in
Miami can assist you with your claim, call
(305) 900-5493 or submit an
online contact form today.