What if a Miami Driver Was Texting Before the Crash?

If a Miami driver was texting before a crash, they can be held liable for any resulting injuries or damages. Florida law prohibits texting while driving, and doing so before a collision may serve as strong evidence of negligence. 

When drivers take their eyes off the road to read or send a text – even for a moment – it can be enough to cause a catastrophic crash. Florida considers texting while driving a primary offense, meaning officers can stop and cite drivers solely for using their phones illegally behind the wheel.

For victims of texting-while-driving accidents in Miami, legal options include filing a claim with the at-fault driver’s insurance or pursuing a personal injury lawsuit with the help of a Miami car accident attorney at The Morgan Law Group.

Florida’s Texting While Driving Laws 

Texting while driving is illegal across Florida, including in Miami. This law prohibits drivers from manually typing or entering multiple letters, numbers, symbols, or other characters into a phone or wireless communication device while operating a vehicle.

Texting under Florida law includes:

• Sending or reading text messages
• Writing or reading emails
• Messaging through apps like WhatsApp, Facebook Messenger, or Instagram
• Any manual entry of data into a mobile phone while driving

Importantly, Florida defines this as “manual entry,” so the law focuses on physical interactions with the device. Voice commands, such as Siri or Google Assistant, are not prohibited.

Texting before the crash still counts. If a driver was actively texting shortly before a crash, that behavior may demonstrate that their attention was diverted when it mattered most. Even if the text was sent seconds or minutes before impact, it may be enough to prove distraction and establish fault, especially if supported by phone records, witness testimony, or dashcam footage.

Rights of Victims in Texting-While-Driving Crashes in Miami 

Miami crash victims injured by distracted drivers have the legal right to pursue compensation for their injuries, damages, and losses. 

Florida follows a comparative negligence system, which means liability can be divided between parties based on their degree of fault. However, if the other driver was texting before the crash, they may bear the majority or even full responsibility.

Victims of texting-while-driving accidents may be eligible to recover:

• Medical expenses (including hospital bills, therapy, prescriptions, and long-term care)
• Lost wages and future earnings
• Property damage
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement

Claims typically start by filing under Personal Injury Protection (PIP) insurance, which Florida requires. However, PIP only covers up to 80% of medical expenses and 60% of lost wages, up to $10,000. If injuries are considered serious under Florida law, victims may step outside the no-fault system and file a lawsuit against the at-fault driver.

A lawsuit may be appropriate if:

• The injuries are permanent, significant, or have resulted in death
• PIP benefits are exhausted and damages exceed policy limits
• The driver’s negligence, like texting before the crash, is clearly established

Victims can benefit from working with accident attorneys in Miami who can assess their case and explore the full extent of damages.

Proving Negligence in Miami Texting-While-Driving Crashes

In personal injury claims, the burden falls on the injured person to prove that the other driver was negligent. 

This includes showing that:

• The driver owed a duty of care
• They breached that duty (i.e., by texting while driving)
• That breach caused the crash
• The victim suffered damages as a result

To support a claim against a texting driver, the following car accident evidence may be crucial:

• Phone records showing outgoing texts or app usage before the crash
• Traffic or security camera footage
• Witness statements
• Police reports documenting distracted driving or citations
• Vehicle data logs or infotainment system records
• Dashcam videos from any vehicle involved

An experienced car accident attorney can subpoena records, interview witnesses, and consult accident reconstruction professionals to build a solid case.

If the driver was cited for texting under Florida’s law, it can serve as strong supporting evidence in your personal injury claim. Even without a citation, a lawyer may uncover proof of distraction that helps demonstrate liability.

Can You Still Recover if You Were Partially at Fault?

Under Florida’s modified comparative fault system, injured individuals can recover damages even if they were partially at fault, as long as their share of fault does not exceed 50%. However, any compensation awarded will be reduced proportionally.

For example, if you’re awarded $100,000 but found 20% at fault for the crash (e.g., for speeding or not yielding), your compensation would be reduced to $80,000.

This makes it critical to investigate and clearly establish that the other driver was texting and, therefore, primarily at fault. It also protects victims from having their claims unfairly undervalued or denied.

Ask Our Miami Attorneys About Your Distracted Driving Crash

Texting-while-driving accidents often result in serious injuries or fatalities, and they’re entirely preventable. If you were injured by a driver who was texting before a crash, Florida law allows you to pursue financial compensation through insurance claims or legal action.

Working with The Morgan Law Group can help ensure that all relevant evidence is uncovered and your rights are protected. Our accident attorneys in Miami understand how to build strong cases against distracted drivers and fight for maximum compensation under Florida law.

If you or a loved one was injured in a texting-while-driving crash, we will advocate for you and help take the next steps toward recovery. Call us today at (305) 614-5235 or contact us using our online form for a free case evaluation about your texting-while-driving crash at our office in Miami.