A texting and driving accident lawsuit is becoming more common in Florida as phone use behind the wheel keeps climbing. The Florida Highway Patrol logged more than 300 distracted driving deaths last year, the highest count on record. Lawmakers have noticed. New bills in Tallahassee would ban drivers from even holding a phone or tablet while driving, not just texting. If passed, holding a device would become a primary offense, so police could stop a driver for that alone.
Why Phone Use Behind the Wheel Is So Dangerous
Reading or sending a text pulls a driver’s eyes off the road for about five seconds. At highway speed, that is enough time to cross a football field with no one watching the wheel. Phones grab all three things a driver needs: eyes on the road, hands on the wheel, and a mind on the task. Scrolling or a video call create the same risk as texting, even though today’s law mostly targets typed messages.
Current Florida law only lets police stop a driver for texting on its own. Other phone use, like holding a phone to talk or scroll, needs another reason first. That gap lets risky driving go unchecked. The new bills would close it by banning any handheld use, even resting a phone on your lap. School zone violations would bring a $150 fine and three points. Repeat offenses could reach $500, four points, and a 90-day suspension.
Building a Texting and Driving Accident Lawsuit
Proving a texting and driving accident case often starts with phone records. Cell carriers can show if a driver sent a text, took a call, or used data at the moment of a crash. Crash teams also look for clues, like a driver who never braked or rear-ended a stopped car in clear daylight. These signs often point to a distracted driver, not a broken part.
Proof used in these cases can include:
- Phone records showing texts, calls, or app use near crash time
- Vehicle data showing speed and braking just before impact
- Witness accounts of erratic driving before the crash
- Dash camera footage from nearby cars
Florida is a no-fault state, so your own Personal Injury Protection pays first for medical bills, no matter who caused the crash. But you can sue the at-fault driver when injuries are serious, to cover what PIP does not, like full lost wages and pain. An Orlando car accident attorney can request phone records fast and build a timeline for your texting and driving accident lawsuit.
Time matters too. Florida law gives victims only two years from the crash date to sue. Wait too long, and a strong claim can die on a deadline. Our personal injury team reviews phone records, crash reports, and medical files fast so families keep that window open. Broader Florida traffic fatality trends and driving behavior patterns show how often distraction plays a role in texting and driving accidents statewide.
What Victims Can Recover After a Crash
Losses from a distracted driving accident go past the hospital bill. Families may pursue wrongful death claims when a crash proves fatal, or a claim for rehab costs, lost pay, and property damage. The National Highway Traffic Safety Administration tracks distracted driving data nationwide, and that work shows why these cases often hinge on what a driver was doing before impact. The Florida Highway Safety and Motor Vehicles department also posts crash stats by county that can back a claim.
Every case looks different, so sit down with someone who knows Florida’s rules on phone records. Visit our full list of practice areas or one of our Central Florida office locations to talk through your case in person.
Call 407-846-2240 for a free consultation with an Orlando car accident attorney at the Martinez Manglardi personal injury law firm. Convenient locations throughout Central Florida, including Orlando, Kissimmee, Apopka, Palm Bay, Ocala, Haines City, and Davenport.
