Texting, checking a map, or reaching for something in the car takes only a moment, but it is long enough to cause a serious crash. Distracted driving remains one of the leading causes of car accidents in Florida, and when another driver’s inattention leaves you injured, the recovery can involve months of medical care, missed work, and difficult conversations with insurance adjusters.
At Wooten, Kimbrough, Damaso, and Dennis, P.A., our Orlando car accident attorneys have helped injured Floridians pursue fair compensation for over 60 years. Our partners are board certified by the Florida Bar in civil trial litigation, and our firm holds the highest ranking for Orlando injury lawyers in the Best Law Firms report by U.S. News and World Report. We understand the challenges distracted driving victims face, and we are ready to help protect your rights.
Time-Sensitive — Florida Law Limits Your Window to File
The statute of limitations for a distracted driving accident case in Florida is two years, however, the time frame is dependent on the unique details and factors surrounding your specific case.
We have fought for injured Floridians for over 60 years and work on a contingency fee basis, so you pay nothing unless we recover compensation for you.
What Counts as Distracted Driving in Florida?
Distracted driving covers any activity that takes a driver’s attention away from the road, including texting, talking on the phone, eating, adjusting navigation, or talking with passengers. Under Florida’s texting-while-driving law, drivers are prohibited from manually typing on a wireless device or reading text messages, emails, and instant messages while operating a vehicle. Because distraction is hard to see after the fact, proving it requires a careful investigation.
How We Investigate a Distracted Driving Claim
Establishing that a driver was distracted often requires more than a police report. Our Orlando car accident attorneys work to gather the evidence that supports your claim, including:
- Cell phone records showing calls, texts, or app activity at the time of the crash
- Witness statements describing the other driver’s behavior
- Traffic camera or dash camera footage, when available
- The official police report and citation history
- Vehicle data that may show sudden braking or a lack of evasive action
Who Is Liable in a Distracted Driving Accident?
In most cases, the distracted driver who caused the crash is liable for the resulting damages. If the driver was working at the time, their employer may also share responsibility. Our attorneys investigate every angle of your accident to identify all parties who may be liable and all insurance coverage that may apply.
What Compensation May Be Available
Florida law allows injured victims to pursue compensation for medical expenses, lost wages, and pain and suffering resulting from a distracted driving accident. In more serious cases, damages may also include long-term rehabilitation costs and future loss of earning capacity. The compensation available in your case depends on the severity of your injuries and the circumstances of the crash.
Why Choose Wooten, Kimbrough, Damaso, and Dennis, P.A.
Our firm brings more than 60 years of combined experience to distracted driving cases across Central Florida. We handle communications with insurance adjusters on your behalf, investigate liability thoroughly, and prepare every case as though it may need to go to trial.
What to Do After a Distracted Driving Accident
If you have been hurt, get checked out right away, even if your injuries seem minor. Some injuries do not show symptoms until hours or days later. Beyond seeking medical care, it helps to:
- Call the police and get an official report of the crash
- Document the scene with photos of both vehicles and any visible injuries
- Get contact and insurance information from the other driver
- Gather contact information from any witnesses
- Avoid discussing fault with the other driver or their insurance company before speaking with an attorney
Frequently Asked Questions About Distracted Driving Accidents in Orlando
What is the deadline to file a distracted driving accident claim in Florida?
The statute of limitations for a distracted driving accident case in Florida is two years, however, the time frame is dependent on the unique details and factors surrounding your specific case. You can review the full statute at the Florida Senate’s website.
How can I prove the other driver was distracted?
Proving distraction often relies on cell phone records, witness statements, traffic or dash camera footage, and the official police report. An attorney can help gather this evidence before it becomes harder to obtain.
What if I was partly at fault for the accident?
Florida follows a modified comparative negligence system. You may still be able to recover compensation as long as you are not found more than 50 percent at fault for the accident, though your compensation may be reduced by your percentage of fault.
How much does it cost to hire a distracted driving accident attorney in Orlando?
Our firm handles distracted driving cases on a contingency fee basis, so you pay nothing upfront and owe no attorney fees unless we recover compensation for you.
What should I do immediately after a distracted driving accident?
Get checked out by a medical professional right away, even if you feel fine, then call the police, document the scene, and gather contact information from the other driver and any witnesses before speaking with an attorney.
Contact Our Orlando Distracted Driving Accident Attorneys
Our firm has more than 60 years of combined experience, board-certified trial attorneys, and a top ranking for Orlando personal injury litigation from U.S. News and World Report. If a distracted driver caused your accident, our Orlando car accident lawyers are ready to review your case and help you pursue the compensation you may be entitled to. Contact us today at (407) 843-7060 or through our contact form to schedule a free consultation.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso, and Dennis, P.A.
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. Helping the injured since 1966, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.