What if I’m Injured by a Distracted Driver in Miami?

If you are injured by a distracted driver in Miami, you may qualify for compensation through an insurance claim or a lawsuit, depending on the severity of your injuries and the circumstances of the crash. 

Florida law allows injured persons to seek damages when another driver’s inattentiveness causes preventable harm. Because distracted driving accidents often involve questions of fault, insurance coverage, and proof of unsafe behavior, working with a Miami distracted driving accident attorney early in the process helps protect your rights.

Distracted Driving Laws in Florida

Florida has taken significant steps to reduce distraction-related crashes under Florida Statutes §316.305. The law restricts how drivers may use electronic devices behind the wheel and authorizes law enforcement to stop and cite motorists solely for texting while driving.

For victims of distracted driving crashes, knowing how the statute works can strengthen your claim, especially when establishing that the at-fault driver violated a safety rule.

Texting While Driving 

Drivers may not type, send, or read messages on a mobile device while operating a vehicle. Because it is a primary offense, officers can pull drivers over solely for texting; no other violation required.

Handheld Use Is Prohibited in School and Construction Zones

In active school zones and road construction zones, handheld device use is banned entirely. Drivers must use hands-free technology if they need to operate a phone for navigation or calls.

Other Forms of Distracted Driving 

Although the statute focuses heavily on electronic communication devices, Florida recognizes three forms of distraction:

• Manual distraction
• Visual distraction 
• Cognitive distraction 

Even if a driver wasn’t texting, any behavior that diverts attention may support a claim that they acted carelessly. When someone is injured by a distracted driver, evidence showing the driver violated the law or engaged in unsafe multitasking can help establish negligence. 

Steps to Take After Getting Injured  by a Distracted Driver

After a collision caused by a distracted motorist, the immediate priority is safety and medical care. From there, each action you take can influence how your claim unfolds and what compensation may ultimately be available.

1. Report the Accident

Emergency responders can assess injuries at the scene, and Miami law enforcement will create an official crash report. This document becomes a central piece of evidence, especially when a driver admits to being distracted or when officers observe signs of inattentive driving.

2. Document the Scene if Possible

Photos and videos can help preserve details before the vehicles are moved. Capturing debris, skid marks, traffic signal positions, and interior vehicle conditions (like a phone still on an open app) can bolster your distracted driving claim.

3. Identify Witnesses

People who saw the crash may have noticed the driver looking down, holding a phone, or drifting across lanes. Their statements often provide strong support for a negligence claim.

4. Seek Medical Care Right Away

Even mild injuries can worsen without timely treatment. In addition, Florida’s Personal Injury Protection (PIP) rules require injured persons to seek medical care within 14 days to keep no-fault benefits available. Medical records also form the foundation of your damages claim.

5. Notify Your Insurer

Florida’s insurance structure requires the use of your own PIP benefits before pursuing further compensation. However, this does not prevent you from filing a liability claim when your injuries meet legal standards that allow you to step outside the no-fault system.

6. Avoid Giving Statements to Insurers Yet

Insurance companies may look for ways to downplay injuries or shift fault. Before discussing the crash with any adjuster, consider consulting with a legal professional.

7. Consult an Injury Attorney in Miami

Because distracted driving crashes frequently involve disputes over what caused the collision, working with experienced counsel can make a meaningful difference. Claims may rely on digital evidence, detailed scene reconstruction, and medical opinions linking the injuries to the crash.

Establishing Fault in Distracted Driving Crashes in Miami

Proving that a distracted driver caused your injuries requires a clear showing that the driver breached their duty to operate a vehicle safely. 

Florida follows the negligence standard, meaning the injured claimant must demonstrate:

• The driver owed a duty of care
• The driver failed to act with reasonable caution
• The breach caused the crash
• The injured person suffered damages

With the state’s modified comparative fault rule, an injured person may still recover damages unless they are more than 50% responsible for the incident. If there is any argument that both drivers contributed to the crash, compensation may be reduced proportionally.

In distraction-driving cases, the at-fault driver often disputes the allegation or claims that the injured person contributed to the collision. Strong documentation helps counter these arguments.

Compensation for Injuries in a Distracted Driving Accident

Being injured by a distracted driver in Miami often results in more than physical harm. Florida law allows injured persons to recover both economic and noneconomic damages when they qualify to file outside the no-fault system.

When injuries reach the severe injury threshold, Florida allows stepping outside PIP coverage. 

• Qualifying conditions include:
• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability
• Significant and permanent scarring or disfigurement
• Death

If injuries meet these standards, the injured motorist may pursue a liability claim or lawsuit directly against the distracted driver.

Don’t Get Distracted and Settle Your Injury Claim for Less

If you were injured by a distracted driver, seek an accident attorney in Miami to strengthen your position from the earliest stages of the claim.

At The Morgan Law Group, we offer comprehensive support to injured persons hit by distracted drivers in Miami, helping them pursue the financial recovery needed to move forward. Take prompt action and make a meaningful difference in protecting your health and your legal rights. 

Call us today at (305) 614-5235 or contact us using our online form for a free consultation about your injury claim after a distracted driving accident at our office in Miami.