The most common cause of car accidents in Florida has been reported as distracted driving. If a distracted driver caused your Fort Lauderdale car accident, you do have a case, but you will still need to prove negligence. A Fort Lauderdale car accident attorney can assist you with building a case against the negligent driver.
What Is Distracted Driving?
It has been reported that these distracted driver-related accidents have resulted in the death of almost 300 people and over 2,200 other people sustaining severe injuries in Florida, as per the preliminary data that has come to light for the year 2024. But what does distracted driving mean?
Any behavior that takes the driver’s attention away from the road is considered distracted driving. The National Highway Traffic Safety Administration (NHTSA) establishes three categories of distracted driving:
- Manual: Removing the driver’s hands from the wheel
- Cognitive: Taking the driver’s mind off the task
- Visual: Taking the driver’s eyes off the road
Each of these distractions increases the likelihood of a crash. When they occur simultaneously, the risk becomes even higher.
Examples of distracted driving include:
- Eating or drinking
- Applying makeup
- Adjusting a GPS or stereo
- Arguing with passengers
- Daydreaming or mentally checking out
The FLHSMV runs statewide campaigns, such as “Put it down,” to reduce these behaviors, but distracted driving remains one of the most underreported and underestimated traffic hazards.
These categories encompass actions such as adjusting the radio, reading a billboard, or worrying about work.
Texting and Driving
Texting while driving combines all three categories into one. It is an incredibly dangerous habit. It takes the driver’s awareness away from the road, leaving them unaware of changes and little time to react. For this reason, texting while driving is illegal in Florida.
Texting while driving is a primary offense, meaning law enforcement can pull you over for it without needing another reason.
Penalties include:
- Fines for first and second offenses
- Points added to your license
- Increased insurance premiums
- Possible enhanced penalties in school or work zones
The financial implications of a texting citation can be significant. Insurance providers often interpret a texting while driving violation as a sign of risky behavior, leading to premium hikes or policy cancellations. Beyond financial costs, texting while driving can result in serious injury or death, and prosecutors may pursue criminal charges if the crash involves fatalities.
Despite the legal deterrents, texting while driving remains a common and dangerous behavior. Studies by the National Safety Council and the AAA Foundation for Traffic Safety suggest that many drivers underestimate the risk or believe they can multitask. In reality, even a short distraction can have irreversible consequences.
At Wolf & Pravato, we regularly handle cases involving distracted drivers who were texting moments before a crash. In one recent case, our legal team subpoenaed the defendant’s mobile phone provider and discovered that the defendant had sent a text message within ten seconds of the impact. That evidence, combined with expert analysis of skid marks and dashcam footage, led to a favorable settlement for our client.
Proving a texting-related crash often involves:
- Obtaining call and text logs through a subpoena
- Analyzing timestamps from crash reports and mobile phone activity
- Interviewing witnesses who may have seen the driver on their phone
- Hiring accident reconstructionists to connect distraction to causation
If you suspect the driver who hit you was texting, do not wait. Cell phone records are time-sensitive and can be difficult to obtain without legal intervention. The sooner an attorney steps in, the greater the chance of preserving key evidence and building a strong case.
In many of the distracted driving cases we handle at Wolf & Pravato, the at-fault driver had been using a phone moments before impact. Proving this often involves securing phone records, eyewitness statements, and expert analysis of crash data.
Other Common Causes of Car Accidents in Florida
While distracted driving may be the main cause of car accidents in Florida, the following list includes other frequently cited causes:
- Speeding: Driving faster than what conditions allow reduces a driver’s reaction time, increasing the likelihood of an accident.
- Driving Under the Influence: Alcohol and drugs will impair a driver’s judgment and reaction.
- Running Red Lights and Stop Signs: Failure to obey traffic signals can result in side-impact collisions in intersections.
- Aggressive Driving: Tactics such as tailgating or swerving between lanes can lead to accidents due to misjudging distances and reduced reaction times.
- Drowsy Driving: Fatigued drivers have many of the same impairments as drunk drivers and should remain off the road until they have gotten sufficient rest.
- Poor Maintenance: Faulty parts or malfunctioning vehicles, such as failing brakes or worn tires, can lead to collisions.
You Have a Case in a Distracted Driving Accident
If you have been injured by a distracted driver, you do have a case, but you may want help proving negligence. A Fort Lauderdale personal injury lawyer can investigate your accident and collect evidence, such as:
- Phone records
- Dashcam or Traffic Camera Footage
- Police report
- Video evidence, such as traffic cameras, CCTV, and dashcams
- Eyewitness and expert testimonies
- Medical records
- Prior citations
- Black box data, if available
With the evidence they collect, they must demonstrate four key elements:
- Duty of Care: The other driver’s legal obligations to traffic safety
- Breach of Duty: The other driver’s deviation from the law
- Causation: The accident and injuries
- Damages: The financial hardships, physical pain, and emotional trauma suffered
Once these are established, you may recover damages for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
If you have those four elements, you may have a case.
Contact a Fort Lauderdale Car Accident Lawyer Today
Call (954) 633-8270 and speak with a representative of the Law Offices of Wolf & Pravato. The initial consultation is always free.
