If you were hit by a distracted driver, you’re probably still trying to make sense of it all, dealing with injuries, car repairs, hospital visits, and nonstop insurance calls. The worst part? It wasn’t your fault. Someone looked at a text, reached for something, or zoned out, and now you’re left picking up the pieces.
At Steinger, Greene & Feiner, we’ve seen how overwhelming this can be. We know the pain, the bills, and the uncertainty that come after. That’s why our Florida distracted driving accident lawyers step in to fight for the compensation you need to recover and move forward. We handle the legal side, deal with the insurance companies, and make sure your voice is heard.
You shouldn’t have to pay for someone else’s mistake. If you were hurt in a distracted driving crash, you have rights, and we’re here to protect them. No fees unless we win. Call today for your free consultation.
Distracted Driving in Florida: The Numbers Behind the Danger
Distracted driving remains a serious and widespread problem across Florida. According to the FLHSMV’s 2023 Traffic Crash Facts Report, there were 53,596 distracted driving crashes in the state. Of those, 295 were fatal, and 2,574 resulted in incapacitating injuries, often leaving victims with life-altering physical and emotional trauma.
Among these crashes, the most common contributing factor was simple inattention, accounting for nearly 117,167 total crashes statewide. While that category covers a range of behaviors, use of electronic communication devices such as texting, emailing, or scrolling on a phone was involved in 8,637 crashes. An additional 13,701 crashes were linked to other in-vehicle distractions like eating, adjusting controls, or interacting with passengers.
What Is Distracted Driving?
First thing to know, distracted driving isn’t just about texting. Distraction doesn’t have to involve a phone only. It just has to pull focus from safe driving, and once that happens, it only takes a second for everything to go wrong.
Types of Distracted Driving Behavior
Distracted driving isn’t just reckless; moreover, it’s against the law. Florida law recognizes three main types of distractions:
- Manual: like reaching for something, eating while driving, or adjusting controls.
- Visual: like looking at a phone, GPS, or even something happening outside the car.
- Cognitive: when your head’s somewhere else, like daydreaming, stressed out, or lost in a conversation.
Each of these types of distractions comes with its own definition and penalties that drivers can face under current Florida law.
Florida Distracted Driving Laws
Florida’s distracted driving laws were written to protect drivers, passengers, and pedestrians who share the road and expect others to do the right thing.
The Wireless Communications While Driving Law
Florida passed the Wireless Communications While Driving Law, known as Florida Statutes § 316.305, which makes texting while driving illegal and treats it as a primary offense. That means police can pull drivers over just for texting behind the wheel. And they don’t need another reason to pull someone over. And in school or work zones, even holding a phone can get them ticketed.
Drivers are allowed to use hands-free voice commands, but if their attention drifts and they cause a crash, that still opens the door to legal action.
GPS and Navigation Use
Many drivers assume using a phone for GPS is safe. It’s not. If someone is manually typing an address into their phone or looking down at directions while driving, that’s still a distraction, and it can be used as evidence in a personal injury case. In Florida, using GPS apps is legal only if it’s hands-free or mounted in a way that doesn’t block the driver’s view.
The law applies to teen drivers as well. Florida law says that any driver under 18 can’t use a wireless device at all while driving, not even hands-free. That means no calls, no GPS typing, no texting.
If a teenage driver causes a crash while distracted, their actions can lead to full liability for your injuries, higher insurance claims against their policy or their parents’, and potential for negligent supervision claims against the car’s owner or legal guardian.
Commercial Driver Restrictions
Drivers of commercial vehicles like delivery trucks or rideshare cars have even stricter limits. If they’re on the job, they’re expected to follow federal and state guidelines that restrict mobile device use. That includes:
- No handheld calls
- No texting or reading messages
- Using GPS or dispatch systems only when safely parked
When a commercial driver causes a crash because of distraction, we can hold both the driver and the company accountable for failing to enforce safety rules.
Penalties For Distracted Driving Behavior
When distracting drivers can face the following penalties under Florida law:
- First offense: $30 fine + court fees
- Second offense (within 5 years): $60 fine + 3 points on license
- Using a phone in a school/work zone: 3 points, higher fines, and insurance rate hikes.
But fines are just the start. If that distracted behavior causes an accident, the driver can be legally and financially responsible for all of your losses, including medical bills, lost wages, pain and suffering, and more.
Who Can Be Held Liable After a Distracted Driving Crash?
When you’ve been hurt in a distracted driving accident, one of the first questions you probably ask is, “Who’s going to take responsibility for this?” Florida law gives you the right to hold the distracted driver financially accountable, but sometimes, they aren’t the only ones on the hook. Here’s who may be liable, depending on how the crash happened:
- The Distracted Driver
This is the most common and clear-cut case. If someone rear-ended you while texting, drifted into your lane while reaching for something, or ran a light while reading directions, they’re responsible.
Under Florida’s comparative fault rule, even if they try to blame you, they can still be held liable as long as they were more at fault than you. And if they violated Florida’s texting laws or got a citation at the scene, that strengthens your case. - The Driver’s Employer
Was the distracted driver on the clock when the crash happened? We often see this with rideshare drivers, delivery services, utility workers, and company vehicles. In those cases, we investigate whether:- The driver was using a work app or device
- They were under pressure to meet a delivery time
- The company failed to train or monitor their driving behavior.
If the answer is yes, the employer can be held liable, not just the driver. That opens up access to larger insurance policies and stronger financial recovery for your injuries.
- Parents of Teen Drivers
Florida law lets us look at who owns the vehicle and who signed the license paperwork. If a teenage driver causes a crash while distracted, their parents or the adult who owns the car can often be held responsible under negligent entrustment or Florida’s dangerous instrumentality doctrine. In many cases, it was the family’s insurance policy that ended up paying out the claim. - Vehicle Owners (Even If They Weren’t Driving)
In Florida, if someone loans their car and that person causes a crash, the vehicle owner can be on the hook. This is true whether the car was borrowed casually or part of a rideshare-type agreement.
But right after a crash, especially one caused by a distracted driver, what you do next can make a big difference. Knowing the right steps to take can protect your health, your rights, and your case. Here’s what you should do immediately after a distracted driving accident.
What to Do after an Accident Caused by Distracted Driving?
After a distraction-related crash, there are specific steps you should take that can make or break your injury claim. While some actions are the same as with any car accident, distracted driving cases often involve proving the other driver wasn’t paying attention, so preserving the right evidence is key. Here’s what to do if you’ve been hit by a distracted driver in Florida:
- Call 911 Immediately
Always report the crash. A police report is one of the first pieces of evidence we’ll use to show the other driver may have been distracted. If you suspect they were texting or looking at their phone, tell the officer—don’t wait. Police may issue a citation for texting or unsafe driving. That citation can help prove fault later. - Document the Scene
If you’re physically able, take photos and video of:- The damage to all vehicles
- Skid marks, road conditions, and any traffic signs
- The other driver
- The inside of their car if visible (open apps, food containers, distractions)
Distracted drivers often try to hide what they were doing. Photos can speak louder than words, and phone records may come later. Watch for signs the driver was distracted—like an open phone, food wrappers, or no skid marks at the scene. These small details can reveal a lot, and we dig into all of it when building your case.
- Ask Witnesses What They Saw
Did someone see the other driver texting or looking down? Get their name and number. Eyewitnesses can be powerful in proving distraction, especially if police didn’t catch it. - Avoid Arguing or Accusing at the Scene
Don’t confront the other driver. Stay calm and focused. Let law enforcement handle the investigation. Anything said on the scene can be used later by insurance companies, so keep your words limited and neutral. - Seek Medical Treatment Right Away
Even if you feel “okay,” go get checked out. Many serious injuries (whiplash, concussions, internal trauma) don’t show up immediately. Waiting to get care can also hurt your claim. Keep a record of every appointment, prescription, and diagnosis. Follow your doctor’s instructions closely. - Don’t Talk to the Insurance Company Alone
After the crash, the other driver’s insurance company may call and ask for a statement. Don’t give one. They’re not calling to help—they’re calling to protect themselves. - Contact a Distracted Driving Lawyer ASAP
The sooner we start your case, the stronger it will be. We’ll preserve evidence (including phone records), talk to witnesses, and start building a claim while the crash is still fresh in everyone’s memory.
Call us first. We’ll handle all communication and make sure nothing you say gets twisted or used against your rights.
Your Legal Rights: Damages You Can Recover
A distracted driving crash doesn’t just leave you with a wrecked car. It can take away your health, your income, and your peace of mind. Florida law gives you the right to seek full compensation for what you’ve lost, physically, financially, and emotionally.
What we can help you recover:
- Medical Costs: ER visits, surgery, therapy, prescriptions, and future care
- Lost Wages: Time off work, missed opportunities, long-term disability
- Pain and Suffering: Chronic pain, lifestyle changes, anxiety, PTSD
- Emotional Distress: Mental health treatment, counseling, trauma-related care
- Property Damage: Car repairs or replacement, rentals, damaged belongings
- Punitive Damages: In cases of extreme recklessness, like texting through school zones.
You didn’t cause this crash, and you shouldn’t be stuck paying for it. We’ll fight to make sure the distracted driver, and their insurance company cover every bit of the harm you’ve suffered. You focus on healing. We’ve got the rest.
Why Hire Us as Your Florida Distracted Driving Accident Attorney
At Steinger, Greene & Feiner, we don’t just handle auto accident cases, but we live for them. We’ve been standing up for crash victims across Florida since 1997, and distracted driving cases are some of the ones we take most seriously. Why? Because they’re preventable. And because we know how hard it is to bounce back when someone else’s mistake hits you head-on.
Here’s why hiring our team makes a difference:
We Dig Deep to Prove Distraction
A distracted driver won’t always admit what they were doing. They’ll say they “just looked down for a second” or “didn’t see you.” That’s not good enough. We build these cases by pulling cell phone records, camera footage, witness interviews, black box data, and anything else that proves they weren’t focused on the road.
We Know Florida’s Distracted Driving Laws Inside and Out
Florida law has gotten stricter in recent years, but the system can still feel like it favors the insurance companies. Our Florida car accident attorneys know how to use violations of laws like the Wireless Communications While Driving Act to strengthen your claim and make sure the driver’s mistake becomes your advantage.
We also know the deadlines and court rules that apply in each Florida county, and we don’t let insurers stall or dodge their way out of paying what they owe.
We Fight for the Full Amount, Not Just a Quick Settlement
Insurance companies love to make lowball offers fast, hoping you’ll take whatever they give you before you know the full cost of your injuries. Don’t fall for it. We’ve seen too many people take a few thousand dollars up front, only to be left with thousands more in unpaid medical bills later.
When we represent you, we look at everything: past and future medical care, lost income, pain, emotional impact, the way your life has been affected day to day. Every one of our car accident lawyers fights relentlessly to recover every dollar you deserve.
We’re Local, We’re Available, and We’re Ready
You don’t need a lawyer who disappears after you sign the paperwork. Our injury attorneys are available 24/7. Our law firm has offices across Florida, from Miami to Fort Lauderdale to Port St. Lucie—and we’ll meet you where you are, whether that’s in person, over the phone, or virtually from your couch.
We move fast. We return calls. We stay in touch. That’s what you should expect from your lawyer, and that’s what we deliver.
You Don’t Pay Unless We Win
We work on a contingency basis, which means you don’t pay us a single fee unless we win your case. No upfront costs. No surprise bills. Just results.
Our Results Speak for Themselves
We’ve recovered billions for accident victims throughout Florida, and we fight just as hard for every client, no matter the size of the case. Here are just a few examples of the outcomes we’ve delivered:
- $835,000 verdict for a client injured in a car crash caused by a police officer
- $700,000 verdict for a highway accident where the insurance company tried to blame pre-existing conditions—we proved otherwise
- $610,000 settlement for a client hurt in a crash with no independent witnesses—our team built the evidence and proved fault
- $250,000 settlement for a client rear-ended at high speed, requiring surgery and extensive recovery
Our Clients Say It Best
People come to us during some of the hardest moments of their lives. We keep communication clear, move fast, and treat every case with the urgency it deserves. That’s why we’re proud to have thousands of five-star reviews from people we’ve helped across Florida.
We Serve Clients Across Florida
At Steinger, Greene & Feiner, we represent injured clients throughout the state—whether you’re in a major city or a smaller community, our car accident lawyers are near you and ready to help. We proudly serve:
- Miami
- West Palm Beach
- Coral Gables
- Fort Lauderdale
- Fort Myers
- Jacksonville
- Tampa
- Okeechobee
- Orlando
- Port St. Lucie
- St. Petersburg
Prefer to meet virtually or in person? We offer both, whichever works best for your situation.
Injured in a Distracted Driving Car Accident? Get Free Consultation Now
Distracted driving is reckless. It causes pain, chaos, and loss, and you shouldn’t be the one left paying for it. If someone’s decision to look at their phone put you in the hospital or turned your life upside down, we’re here to step in.
Our distracted driving accident lawyers stand up for you and work to hold the at-fault driver fully accountable.
Call us at (800) 821-6844 today. Let’s talk about your case. It’s free, it’s confidential, and it might be the first real step toward getting your life back.