Driving has become an integral part of many American’s lifestyles. With jobs, errands, emergencies, and schooling in modern-day America stretching far and wide, the ability to travel to and from destinations quickly is almost considered a necessity for most individuals. With driving becoming so common, it’s even easier to get distracted and cause a car accident.
Distracted driving is quite literally anything that makes driving a secondary task. It includes visual, cognitive, and manual distractions. According to estimates in 2012 provided by the U.S. Department of Transportation, a person was injured every 75 seconds due to accidents caused by a distracted driver, and 3,328 were killed.
Due to the potential severity of a distracted driving accident, it is important you have a dedicated personal injury attorney on your side. Here at The Law Place, our Clearwater car accident lawyers possess a combined 75 years of experience, so are well educated in the Florida legal system, and you can be confident your case is in the best hands. Contact us today on (941) 444-4444, to organize a free consultation with a Clearwater personal injury lawyer. Phone lines are open 24/7.
What Constitutes Distracted Driving?
A driver can become distracted whilst driving easier than you may think. Here are some of the most common reasons behind how a person can cause an accident whilst distracted:
- Texting whilst driving.
- Eating or drinking.
- Using a cell phone.
- Reading, e.g. a map.
- Using a GPS or another navigational system.
- Talking to another passenger in the vehicle.
If you have been a victim of a car accident caused by distracted driving in Clearwater, then contact our legal team at The Law Place to organize a free consultation to discuss your case details.
Florida’s New Texting Whilst Driving Law
According to a federal study published in 2013, an estimated 40,000 Florida drivers are distracted by a phone whilst driving each moment. In an effort to combat the increasing numbers of car accident cases caused by the driver using a cell phone, Florida made driving whilst using a cell phone a primary offense in 2020. A primary offense allows an officer to stop and ticket a driver if they violate the law. Before this law was passed, drivers commonly got away with being on their phone if caught by the police due to a lack of powers granted to enforce proper punishment.
Thankfully, officers now have the power to issue tickets and fines. This has resulted in a slight reduction in the number of cases where a driver is found on their phone. This was enforced at the start of July 2020, so massive changes cannot be observed as of yet, but hopefully, it is a move in the right direction.
Contact our Clearwater firm if you have been a victim of a collision following somebody texting whilst driving. You deserve justice following such a collision
We’re here to serve you. Our phones are open 24 hours a day.
How to Avoid a Distracted Driving Accident
It is an awful thing to know following a car accident caused by a distracted driver is that it was easily avoidable if the driver had simply paid attention. A lot of drivers will over-estimate their ability to multi-task while driving. Despite this commonly held belief, 16% of all crashes were reported by the police to have been caused by a distracted driver, according to the National Highway Traffic Safety Administration (NHTSA). These accidents can easily be prevented, some ways to avoid such an incident include:
- Eat and drink before you begin your journey. If you are on a long journey, we know it can be tempting to pick up food from a drive-thru restaurant and eat on your journey. However, it is best on a long journey to take regular breaks and eat whilst stationary so as not to put other road users at risk.
- If you need to set up a GPS system or play music, do this before you set off on your journey. Preparation will prevent you from getting distracted by changing music or GPS issues mid-journey.
- It is advisable to put your phone in your glove box. It is not worth risking others to take a phone call or send a text. Studies have proven that by removing your phone from your vision, you are less likely to be distracted by it on your drive.
To simplify it if you feel tired, want to eat or drink, make a phone call, or anything that may divide your attention from the road, pull over and stop. You run the risk of ruining your own life, somebody else’s, and their families. It is not worth it when lives can be at risk.
We’re Florida’s top litigation team with over 75 years of combined experience
Damages Following a Distracted Driving Accident
If you have been involved in a distracted driving collision, which was not your fault, then you could be owed compensation to account for your suffering. Examples of what you could be owed for include:
- Medical bills – It is sadly very likely that after a car accident, you will have suffered some injuries and have to seek medical attention. This can come at a cost, so for any medical bills, you encounter you will be able to claim back any expenses. Similarly, if your injuries are long-lasting, you may be able to claim for any future costs too.
- Loss of wages – If you had to have time off work because of your injuries, then you will be able to make a case for receiving any lost wages in your settlement. If you are unable to return, you may also be able to claim for a loss of earning capability.
- Pain and suffering – This includes any physical or mental suffering caused by the collision. This is hard to prove and then translate into compensation, so it is best to hire a personal injury lawyer to do this for you and ensure everything has sufficient evidence.
- Property damage – It is likely that, following a collision, your car will have received some damage, so, therefore, any repair or replacement costs can be accounted for in your settlement.
- Loss of enjoyment – If you are now unable to enjoy activities you once enjoyed because of the collision, such as sports or playing an instrument, then this is a loss of enjoyment, and you can claim for compensation for this.
- Wrongful death – If you have unfortunately lost a loved one to a distracted driving accident, then you could file a wrongful death lawsuit per Florida Statute 768.21. This settlement will cover the loss of consortium and for any funeral expenses.
If you believe you could be owed compensation for any damages, listed or not, then contact a personal injury attorney from The Law Place in Clearwater, FL. We can take on your insurance company on your behalf and ensure you get the suitable settlement for your case.
From the initial call to updates on your case status, we are here to get you answers.
There Is a Time Limit on Your Accident Case
If you have been involved in a Clearwater car accident, then you must act as quickly as possible and consider hiring a knowledgeable car accident lawyer. There is a statute of limitations on personal injury cases in Florida, per Florida Statute 95.11. This statute expresses that you will only have four years from the date of your accident to make a claim. If this time elapses, then it will be forever barred, and you will be unable to get the compensation you deserve. If you have lost a loved one and wish to put forward a wrongful death lawsuit, then the limitation is reduced to two years.
Additionally, it is also important to get medical attention as soon as possible. As per Florida Statute 627.736, you must seek medical care within two weeks of the accident. If said two weeks elapse from the date of the collision, then the insurance company or driver you’re up against can use this to devalue your claim by arguing you left it too late, and thus, your injuries are not severe enough.
Clearwater Distracted Driving Accident Lawyer
Meet the Team
David Haenel heads our distracted-driving litigation group and tracks every new Florida statute on phone use behind the wheel. Darren Finebloom turns cell-tower pings, telematics logs, and infotainment downloads into clear stories juries trust. AnneMarie Rizzo partners with crash-reconstruction engineers to align braking data with screen-touch timestamps, while paralegals Rose and Tracy open claims the day you call, schedule medical visits, and text nightly updates so clients always know what comes next.
Reviews & Testimonials
“A texting driver rear-ended me on Memorial Causeway. David pulled phone records and settled for the full limits.”
“They explained each step and treated my concussion case like family business. Darren proved the SUV driver was scrolling social media.”
“After a video call distracted a van on US 19, they guided me through rehab, wage-loss paperwork, and vehicle replacement until everything was covered.”
Case Studies
Phone-App Crash on Courtney Campbell Causeway
A pickup drifted across lanes and sideswiped a sedan. Cell-tower data showed the driver launched a navigation app seconds before impact. Settlement reached for $780,000, and the carrier installed phone-lock software in its fleet.
Video-Chat Collision in Downtown Clearwater
A rideshare driver hit a pedestrian while streaming video. Event-data recorder logs matched a sudden brake late in the 1.5-second reaction window. Recovery of $865,000 funded multiple surgeries and forced the platform to tighten driver screen-time limits.
Dashboard Touchscreen Distraction near Countryside Mall
A new SUV struck a cyclist while the driver adjusted music settings. Infotainment download proved menu interaction at the crash second. We recovered $720,000 and the automaker issued a user-interface update.
Comprehensive FAQ
What counts as distracted driving in Florida?
Any activity that diverts attention from driving—texting, browsing apps, eating, grooming, or adjusting navigation—qualifies. Florida Statute 316.305 bars typing or reading messages while the vehicle is in motion.
Why are Clearwater roads vulnerable to distraction?
Beach traffic, tourist navigation, and frequent stop-and-go along Gulf-to-Bay Boulevard encourage drivers to glance at phones. Sun glare on causeways and heavy pedestrian zones downtown increase risk when eyes leave the road even briefly.
Who can be liable after a distracted-driving crash?
The driver is primarily responsible, but employers face vicarious liability when work calls or delivery apps encourage phone use. Rideshare platforms and fleet operators may share fault for lax screen-time policies. Vehicle manufacturers can be liable for overly complex touchscreens.
What evidence proves phone distraction?
Cell-tower logs show call, text, and data sessions. Subpoenas to carriers pull exact time stamps. Many vehicles store infotainment touch events, and insurance telematics reveal sudden speed drops. Dash-cams and traffic cameras capture hand-held phone use.
How fast must evidence be preserved?
Carriers recycle tower data every 90 days, and infotainment logs overwrite after 30 trips. A preservation letter within 48 hours locks phone, telemetry, and video data before deletion.
What immediate steps should I take after a crash?
Call 911 and accept medical care. Photograph phone glare on the other driver’s seat, dash-cam angles, and skid marks. Collect witness contacts who saw device use. Contact a lawyer quickly so subpoenas issue before data disappears.
What damages can victims recover?
Florida law allows payment for medical bills, future care, lost wages, reduced earning capacity, property damage, pain, suffering, and emotional distress. Severe injuries justify life-care plans that cover attendant care, mobility aids, and home modifications.
How does modified comparative negligence affect my claim?
You may recover damages if your fault is below fifty percent. Distracted drivers often blame sudden stops. Reconstruction engineers match stopping distances and reaction times to show primary blame rests on the distracted driver.
Can punitive damages apply to distracted-driving cases?
Yes. Repeated phone infractions or employer pressure to answer messages can meet Florida’s gross-negligence standard. Clear evidence of knowing disregard for safety may unlock punitive awards and raise settlement value.
How long do I have to file suit?
The statute of limitations for injury claims in Florida is two years. If poor road design or signal timing contributed, notice to the government agency is due within six months. Early counsel preserves deadlines and evidence.
Will health insurance cover treatment while the case is open?
Health insurers usually pay first, then assert liens on any settlement. Your lawyer negotiates lien reductions so you keep more net recovery. Personal Injury Protection covers up to $10,000 regardless of fault.
How long does a distracted-driving case take?
Clear-liability claims with finished treatment often settle in eight to ten months. Disputed fault, severe injuries, or multiple insurers can stretch litigation to fifteen months or more. Trial calendars usually push carriers to negotiate.
Are cyclists and pedestrians treated differently?
Vulnerable-road-user statutes enhance penalties for drivers who injure walkers or cyclists. Compensation rights remain the same, but evidence of distraction often speeds settlements for these high-sympathy victims.
What expert witnesses help these claims?
Accident-reconstruction engineers compute speed and reaction gaps. Human-factors specialists interpret phone-use logs and explain attention diversion. Economists project lifetime wage loss, and life-care planners price future medical needs. Expert testimony turns raw data into clear language juries understand.
Does filing a claim raise my auto-insurance premium?
Using the at-fault carrier’s liability coverage typically does not affect your rates. Your insurer adjusts premiums only if you claim collision benefits or are found mainly at fault. Successful recovery that reimburses your carrier helps keep premiums stable.
What does it cost to hire your firm?
Representation is contingency based. You pay no attorney fee unless we recover money. Standard fees are one-third before litigation and forty percent once a lawsuit is filed. All costs, including expert fees and phone-data subpoenas, are advanced by the firm and reimbursed only from a successful settlement or verdict.
Why choose a Clearwater lawyer?
Local counsel knows Pinellas County judges, jury preferences, and traffic-camera locations. Quick access to crash sites like Gulf-to-Bay or the Causeway lets us secure footage before it rolls off servers. Familiar connections with area doctors streamline treatment and expert referrals, helping you heal and recover financially.
What should I bring to the first meeting?
Bring the crash report, photos, medical records, hospital bills, insurance cards, repair estimates, pay stubs, and any dash-cam or phone screenshots you captured. Complete documentation lets our team send preservation letters immediately and build a compelling claim.
Contact The Law Place Today
If you have been involved in a distracted driving accident, then contact The Law Place today. We recognize how traumatic a collision can be and will be there for you every step of the way to reduce any unnecessary stress regarding your legal battle.
Here at our Clearwater firm, our lawyers possess a combined 75 years of experience so you can be confident in our ability to fight for the justice you’re owed. Call us today on (941) 444-4444, to organize a free case evaluation with our experienced attorneys. Our lines are open 24/7.
