What If a Texting Driver Caused Your Crash?

If a texting driver caused your car crash in Florida, you should report the crash, take photos of the accident scene, and seek medical treatment. You must also notify your insurer promptly and contact a lawyer. Your attorney can gather evidence of distracted driving and file a car accident claim against the at-fault driver to hold them accountable for your losses.

However, proving texting while driving can become difficult when the other driver denies using a phone. At Todd Miner Law, we gather phone records, police reports, witness statements, and other evidence that can establish distracted driving. We also calculate your losses and handle insurance negotiations while you focus on your recovery. Call 407-894-1480 today for a free consultation to discuss your distracted driving accident claim.

What Are Your Legal Options If a Texting Driver Caused Your Crash?

If you are injured in a texting motor vehicle crash, you can seek compensation through your Personal Injury Protection (PIP) insurance and a claim against the at-fault driver. Other potential sources include uninsured or underinsured motorist coverage, a liable employer, the vehicle owner, and the at-fault driver’s personal assets.

Here is how you can pursue compensation through each of these legal options:

1. File a Personal Injury Protection Claim

Florida requires PIP coverage under its no-fault insurance system. According to Florida Statute § 627.736, PIP pays 80% of reasonable and medically necessary medical expenses when you receive initial treatment within 14 days.

It also pays 60% of lost income and earning capacity, subject to applicable policy limits of $10,000. In fatal crashes, PIP also provides a $5,000 death benefit to the deceased insured’s family. This benefit can help cover funeral, burial, or cremation expenses.

2. Pursue a Claim Against the Texting Driver

If your damages exceed the benefits available through PIP, you can file a claim against the texting driver for the remaining losses. You can also pursue pain and suffering damages from the at-fault driver if your injuries meet the serious injury threshold under Florida Statute § 627.737.

3. Use Uninsured or Underinsured Motorist Coverage

If the at-fault driver’s insurance is too low to cover your damages, you can seek compensation through your underinsured motorist coverage. Similarly, if the texting driver has no insurance at all, uninsured motorist coverage can apply instead. It may also help in certain hit-and-run crashes when the driver cannot be identified.

4. Pursue the Vehicle Owner

If the texting driver was using someone else’s vehicle, you may also pursue a claim against the vehicle owner. However, Florida limits how much some vehicle owners must pay when a permissive driver causes a crash.

Under Florida Statute § 324.021, an individual who owns the vehicle and lends it to another person generally faces liability up to:

• $100,000 per person
• $300,000 per incident for bodily injury
• $50,000 for property damage

If the permissive driver has less than $500,000 in combined bodily injury and property damage coverage, the owner may face up to $500,000 in additional economic damages.

5. Recover Damages From the At-Fault Driver’s Personal Assets

If the texting driver’s insurance does not fully cover your damages, you can pursue the driver personally for the remaining amount. This usually requires obtaining a judgment that establishes how much the driver owes you.

You may then seek payment from nonexempt assets, which can include money in certain bank accounts, investment accounts, or other property the law allows creditors to reach. However, recovering a judgment depends on what assets the driver actually owns.

Is Texting While Driving Illegal in Florida?

Yes, Florida banned texting while driving. Under Florida Statute § 316.305, drivers cannot manually type, send, or read text-based communications while operating a motor vehicle. These actions are dangerous because they take a driver’s eyes off the road for about five seconds. At highway speed, that can mean traveling roughly the length of an entire football field without giving the road full attention.

However, Florida law recognizes several exceptions to its texting prohibition. For example, navigation is permitted when used hands-free, allowing the driver’s hands to remain on the wheel. Drivers can also use a phone to receive safety, traffic, weather, or vehicle-related information.

Additionally, the law permits communication that does not require manually entering multiple characters or reading text. Therefore, hands-free and voice-operated communication can fall outside the texting prohibition.

Other exceptions include reporting an emergency, crime, or suspicious activity to law enforcement. The restriction also does not apply to law enforcement officers, firefighters, or emergency medical personnel using wireless devices while performing their official duties.

Are the Rules Different in School and Work Zones?

Yes, Florida has stricter cell phone rules in school and work zones. Under Florida Statute § 316.306, drivers cannot use a wireless device in a handheld manner while driving through a designated school crossing or school zone. The same restriction applies in a work zone when construction personnel are present or when equipment is operating.

How Can Our Car Crash Lawyers Prove Distracted Driving?

To prove distracted driving, our lawyers gather key evidence, consult accident reconstruction and digital forensic experts, and investigate the actions of the drivers involved in the crash. We also use strategic negotiations to counter insurance company arguments that dispute the distraction or attempt to shift fault onto you.

Here is the evidence we typically secure:

• Cell phone records and call logs
• Text message and app activity
• Police reports and traffic citations
• Witness statements
• Traffic camera and surveillance footage
• Dashcam or vehicle camera recordings
• Event data recorder and vehicle data
• GPS and navigation records
• Social media activity
• Employer phone or dispatch records
• Deposition testimony from the driver and witnesses
• Accident reconstruction findings

Since some evidence is held by the driver, phone carrier, employer, or another third party, we use formal discovery to obtain it. This can include subpoenas, requests for records, written questions, and depositions. We may also send preservation letters so that relevant phone data, messages, and digital records are not destroyed.

Our strategic approach has also earned recognition within the Orlando community. Orlando Weekly named Todd Miner Law the Best Law Firm Overall for three consecutive years, from 2023 through 2025. Call 407-894-1480 now for trusted legal guidance.

What If the Driver Deleted Their Text Messages?

Deleting text messages does not necessarily prevent you from proving distracted driving. Your attorney may seek phone records, carrier data, app activity, cloud records, or other digital evidence showing phone use around the injury crash. A forensic expert may also recover deleted data from the device. They can identify metadata and other digital traces that show when communication occurred.

Moreover, deleting relevant messages after a driver reasonably expects litigation can raise concerns about spoliation of evidence. If the court finds that a party improperly destroyed evidence, it may impose sanctions or other remedies depending on the circumstances.

Does a Texting Citation Help Prove Negligence?

Yes, a texting citation can help prove negligence. It documents that an officer found evidence of unlawful cell phone use. However, the citation alone does not automatically establish liability for your accident. You still need to connect the driver’s texting to how the crash occurred.

For example, the police report may show that a delivery driver received a citation for texting after rear-ending your stopped vehicle. You can combine that record with phone data, witness statements, traffic camera footage, and vehicle damage to build stronger evidence of distracted driving.

Does Voice-to-Text Affect a Florida Accident Claim?

Yes, using voice-to-text can affect a Florida accident claim. Florida Statute § 316.305 generally permits hands-free voice-to-text while driving. However, a driver can still be negligent if dictating, reviewing, or correcting a message creates enough cognitive distraction to cause a crash.

Can Texting While Driving Support Punitive Damages in Florida?

Yes, texting while driving can support punitive damages in Florida, but texting alone does not automatically qualify. You must present evidence showing that the distracted driver’s conduct amounted to intentional misconduct or gross negligence under Florida Statute § 768.72.

For example, courts may award punitive damages if the driver repeatedly typed or read messages while driving despite recognizing the danger. Evidence that the driver continued texting after passengers warned them to stop may further strengthen the claim.

Can I Sue If the Texting Driver Was Under 18?

Yes, you can sue if an under-18 texting driver caused your crash in Florida. Depending on the circumstances, liability may extend beyond the distracted teen driver to a parent, guardian, or vehicle owner. For example, under Florida Statute § 322.09, a parent or guardian who signed the minor’s driver’s license application may share liability for the teen’s negligence.

Similarly, according to Florida’s dangerous instrumentality doctrine, a vehicle owner may be responsible if they permitted the young driver to use the car. A parent may also face direct liability for negligent entrustment if they knowingly gave a vehicle to an unsafe or unqualified driver.

What If You Were Partly at Fault for the Crash?

You can still recover compensation if you were partly responsible for the crash, but your payout will be reduced by your share of fault. For example, the other driver may have been texting while you were speeding. If your total damages were $100,000 and you were found 20% at fault for speeding, you could recover $80,000.

However, Florida’s modified comparative negligence rule generally bars recovery if your share of fault is more than 50%. Insurance companies may use this rule unfairly to shift more blame onto you and reduce or deny your payout.

If you are facing a comparative fault dispute, Todd Miner Law can help. We compare phone records, vehicle damage, crash reconstruction findings, and witness accounts to challenge an unfair allocation of fault. Our attorneys also identify inconsistencies in the insurer’s version of events and build evidence showing how the texting driver caused the collision. Call 407-894-1480 for a free case review.

Can an Employer Be Liable for a Texting Crash?

Yes, an employer can be liable for a texting crash if the driver was performing work-related duties at the time of the collision. Under vicarious liability, an employer may share responsibility for an employee’s negligence while the employee acts within the scope of employment. For example, vicarious liability may apply when an employee causes a crash while:

• A delivery employee making a scheduled delivery for the employer
• Driving between work locations
• Traveling to meet a customer or client
• Transporting equipment or supplies for the employer
• Running a work-related errand requested by a supervisor

In addition, an employer may face direct liability when its own negligent actions contribute to a distracted-driving accident. Here are some situations where direct employer liability may apply:

• Requiring drivers to answer work messages while driving
• Failing to enforce company cell phone policies
• Hiring a rideshare driver with a history of unsafe driving
• Retaining a driver after repeated distracted driving violations
• Failing to properly train or supervise drivers

What Injuries Are Common in Texting Crashes?

Texting crashes commonly cause whiplash, fractures, traumatic brain injuries, spinal cord injuries, and internal organ damage. A distracted driver may never brake or take evasive action before impact. As a result, the collision can occur at a significant force and leave drivers and passengers with serious or permanent injuries.

Other injuries may include:

• Concussions and other head injuries
• Herniated or bulging discs
• Neck and back injuries
• Shoulder and knee injuries
• Facial injuries and dental damage
• Cuts, burns, and permanent scarring
• Nerve damage
• Crush injuries
• Psychological trauma
• Paralysis

How Much Is a Texting Accident Claim Worth?

A texting accident claim may be worth $25,000 to $1 million or more, depending on the injuries and financial losses involved. Claims involving fractures, surgery, permanent impairment, or major income loss can reach the higher end. However, liability disputes and available insurance coverage can reduce the final payout.

Here are some other factors that can affect a texting accident claim:

• Length of your recovery
• Severity of pain and suffering
• Strength of evidence proving texting while driving
• Percentage of fault assigned to each driver
• Loss of enjoyment of daily activities
• Consistency of your medical treatment
• Pre-existing conditions affected by the collision
• Whether the distracted driver’s conduct supports punitive damages
• Potential for the case to proceed to trial

When Does a Distracted Driving Claim Go to Court?

A texting crash case may go to court when the insurance company denies liability, disputes your injuries, or refuses fair compensation through negotiations. You may also need to file a lawsuit when the other driver denies texting or when the available insurance coverage cannot cover your losses.

However, filing a lawsuit does not mean your case will reach trial. In many cases, both sides can still reach a settlement through negotiations or mediation before trial.

Speak to Our Florida Car Accident Lawyers to Build a Strong Case Against the Distracted Driver!

After a distracted driving crash, you may face medical bills, lost income, and uncertainty about who will pay. If the driver denies using a phone or the insurer disputes the evidence, proving liability can become difficult. Without legal representation, you may be left with unpaid losses while managing your recovery.

At Todd Miner Law, our lawyers have 30+ years of experience representing people injured in distracted-driving crashes across Orlando and Central Florida. We gather strong evidence and prepare every case for trial when necessary. With prior insurance defense experience, we counter insurer tactics, including recorded statements and attempts to downplay injuries, to protect your claim. Call 407-894-1480 or visit 915 Outer Rd, Orlando, FL 32814 for a free consultation.

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