Florida is one of the most dangerous states for distracted driving crashes. Every day, drivers on I-95, the Palmetto Expressway, US-1, and local roads across Miami-Dade, Broward, and Palm Beach counties take their eyes off the road — and innocent people pay the price.

If a distracted driver injured you or a family member, you have the right to hold them fully accountable. At Juan Cordero Lawyers, we have been fighting for distracted driving victims throughout Florida for over 26 years.

Florida law defines distracted driving broadly. It includes any activity that diverts a driver's attention from the road:

• Texting or using a handheld phone — illegal under Florida's Wireless Communications While Driving Law (§316.305)
• Reading emails, social media, or navigation apps
• Eating, drinking, or grooming
• Adjusting the radio or in-car entertainment
• Talking to passengers
• Reaching for objects in the vehicle
• Daydreaming or cognitive distraction

Florida's texting-while-driving ban makes handheld phone use a primary offense — police can pull a driver over solely for texting. A citation is powerful evidence in your personal injury case.

Proving distraction is one of the most important — and challenging — parts of these cases. Our attorneys use every available tool:

Phone records subpoena. We subpoena the at-fault driver's cell phone records to show calls, texts, or data usage at the exact time of the crash. This is often the most powerful evidence available.

Crash data recorder (black box). Most modern vehicles store data including speed, braking, and steering inputs in the seconds before impact. We obtain this data before it is overwritten.

Surveillance and dashcam footage. Traffic cameras, business security cameras, and dashcam footage from nearby vehicles can capture the driver looking down at a phone.

Witness statements. Passengers, pedestrians, and other drivers often see the at-fault driver on their phone before the crash.

Social media activity. Posts, stories, or check-ins timestamped near the time of the crash can prove a driver was on their phone.

Police report. Officers often note distraction as a contributing factor, especially when a driver admits to phone use or when a phone is found unlocked at the scene.

Under Florida Statute §316.305, it is illegal to manually type or enter multiple letters, numbers, or symbols into a wireless device while driving. Violations are:

• First offense: $30 fine + court costs (primary offense since 2019)
• Second offense within 5 years: $60 fine + court costs + 3 points on license
• In a school or work zone: enhanced penalties

A traffic citation for texting while driving is admissible evidence in your civil lawsuit. It establishes that the driver violated a safety statute — a doctrine called negligence per se — which makes proving liability significantly easier.

Because distracted drivers often fail to brake before impact, these crashes tend to be high-speed and severe:

• Traumatic brain injury (TBI) and concussion
• Spinal cord injuries and paralysis
• Broken bones and fractures
• Whiplash and soft tissue injuries
• Internal organ damage
• Facial lacerations and scarring
• Wrongful death

Florida personal injury law allows distracted driving victims to recover:

• Medical expenses — emergency care, surgery, hospitalization, physical therapy, future treatment
• Lost wages — income lost during recovery
• Loss of earning capacity — if injuries affect your ability to work long-term
• Pain and suffering — physical pain and emotional distress
• Property damage — vehicle repair or replacement
• Loss of consortium — impact on your relationship with a spouse
• Punitive damages — in egregious cases where the driver's conduct was especially reckless

Under Florida's 2023 tort reform, you have 2 years from the date of the accident to file a personal injury lawsuit (§95.11(3)(a)). Missing this deadline permanently bars your claim — no exceptions.

Do not wait. Evidence disappears. Phone carriers retain records for limited periods. Surveillance footage is overwritten. The sooner you contact us, the stronger your case.

• 26+ years of Florida personal injury experience
• $28.9 million recovered in a single negligent security verdict
• Top 100 Trial Lawyers — National Trial Lawyers Association
• We come to you — home, hospital, or anywhere in Florida
• No fee unless we win — zero upfront cost to you

Yes. A traffic citation helps but is not required. We can still prove distraction through phone records, witness testimony, surveillance footage, and crash reconstruction. Many of our strongest distracted driving cases involved no citation at all.

Drivers routinely deny phone use. That is why we subpoena phone records immediately. Carriers like AT&T, Verizon, and T-Mobile maintain call and data logs that show exactly when a phone was in use — down to the second.

Florida is a no-fault state, meaning your own PIP insurance covers your initial medical bills regardless of fault. However, if your injuries meet the serious injury threshold (significant and permanent injury, permanent scarring, or death), you can step outside no-fault and sue the at-fault driver directly for full damages. Most distracted driving crash injuries qualify.

Value depends on injury severity, medical costs, lost income, and the strength of the distraction evidence. Cases with documented phone use, serious injuries, and clear liability can be worth hundreds of thousands to millions of dollars. Contact us for a free case evaluation.

Injured by a distracted driver in Florida? Call Juan Cordero Lawyers at 305-525-8957 for a free consultation — available 24/7. No fee unless we win.