Miami Distracted Driving Accident Lawyer
When another driver chooses to drive distracted, the consequences can disrupt your health, livelihood, and peace of mind. With decades of experience, Attorney James D. Payer has helped countless car accident victims secure the compensation they deserve—and he’s ready to do the same for you. Call 305-363-7099 today to schedule a free consultation with our Miami distracted driving accident lawyers.
Reviewed by: James D. Payer
Table of Contents
- How Common Are Distracted Driving Accidents in Miami?
- What Does Florida Law Say About Texting While Driving?
- Other Types of Distracted Driving
- How Can You Prove the Other Driver Was Distracted?
- What Injuries Are Common in Distracted Driving Crashes in Miami?
- What Compensation Can You Recover After a Distracted Driving Accident in Miami?
- How Can a Miami Car Accident Lawyer Help After a Distracted Driving Crash?
How Common Are Distracted Driving Accidents in Miami?
In 2024, there were 13,011 motor vehicle crashes in Miami-Dade County involving a distracted driver. These crashes killed 22 people and injured at least 896 more. Miami-Dade had more distracted driving accidents than any other Florida county that year.
Miami’s heavy traffic likely adds to the frequency of distracted driving crashes. The city has the eighth-worst rush hour traffic in the United States, and its drivers spend more than six days per year stuck in traffic. Stop-and-go traffic creates more opportunities for distractions to override a driver’s focus on the road. Drivers may gain a false sense of safety in these slower conditions, but even a momentary lapse in attention can lead to a serious crash.
Statewide, distracted driving remains a leading cause of crashes, and national data shows that more than 3,000 people die in distracted driving crashes across the United States each year. Most of these accidents are preventable and result from a driver’s decision to divert their attention from the road.
What Does Florida Law Say About Texting While Driving?
Phones are the most commonly cited distraction involved in distracted driving accidents in Miami-Dade. Texting while driving endangers everyone on the road, and it’s also illegal under Florida law. Florida Statute §316.305 prohibits drivers from typing, sending, or reading texts, emails, or similar communications while behind the wheel.
Similar to drunk driving, texting while driving is more than a traffic offense—it’s negligence. If you were injured in a crash with a driver who was texting behind the wheel, that driver may be responsible for your damages.
Other Types of Distracted Driving
- Eating or drinking while driving
- Checking phone notifications
- Adjusting the GPS, radio, or climate controls
- Adjusting seats or mirrors
- Reaching for objects inside the car
- Talking to passengers
- Talking on the phone
- Tending to children in the back seat
- Looking at crash scenes or other unusual activity outside
- Looking at billboards
- Daydreaming or mentally “zoning out”
- Grooming, such as brushing hair or applying makeup
- Watching videos or reading on a screen
How Can You Prove the Other Driver Was Distracted?
Establishing that a driver was distracted often comes down to collecting the right evidence. In distracted driving cases, this can involve multiple sources of information that come together to paint a clear picture of what happened. This evidence is especially important in crashes involving commercial vehicles, where multiple parties may share liability.
To prove negligence, our attorneys may file legal motions to access the at-fault driver’s phone records. These records may show whether the driver was texting, calling, or using apps at the time of the crash. Additionally, police reports may document observations from the responding officers, whether the driver received any traffic violations, and statements from drivers. Witness accounts can reveal additional details, such as whether the driver appeared distracted right before the collision.
Sometimes, video evidence from dash cams, traffic cameras, or nearby security cameras can capture the moments leading up to the collision. We may also work with accident reconstruction experts to analyze the vehicle damage, skid marks, and other physical evidence to determine how the crash occurred.
What Injuries Are Common in Distracted Driving Crashes in Miami?
Distracted driving accidents in South Florida often result in serious, life-altering injuries. The sudden force of impact can affect nearly every part of the body, especially in collisions involving larger vehicles, such as trucks and buses. Our Miami car accident lawyers have seen these injuries and more in victims of distracted driving crashes:
- Traumatic brain injuries and concussions
- Back injuries, including herniated discs and spinal cord injuries
- Broken bones
- Whiplash
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
These injuries often require extensive treatment and can impact your ability to work, care for your family, or enjoy everyday activities.
What Compensation Can You Recover After a Distracted Driving Accident in Miami?
You may seek compensation for any losses you suffer as a result of the crash. This includes both economic and non-economic damages, such as:
- Past and future medical expenses
- Lost income for the work you missed while recovering
- Lost earning capacity for the injury’s long-term impact on the type of work you can do
- Disability-related expenses, including vehicle modifications and in-home care
- Transportation expenses for travel to and from medical appointments
- Property damage, including vehicle repair or replacement
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium, which reflects the injury’s impact on your closest relationships
- Scarring or disfigurement
Some victims also qualify for punitive damages. They’re designed to punish the defendant and deter similar behavior in the future. You may be entitled to punitive damages if the distracted driver was extremely reckless or intended to harm you.
How Can a Miami Car Accident Lawyer Help After a Distracted Driving Crash?
Recovering from a serious accident is stressful enough without trying to take on a legal battle. At Payer Law, our Miami distracted driving accident lawyers take on that burden for you so you can focus on your health. When you turn to our firm, we’ll handle it all and protect your right to fair compensation.
This starts with a thorough investigation into the crash. We’ll identify who’s at fault, determine how their inattention contributed to the accident, and gather evidence proving their negligence.
As we build your case, our attorneys will calculate your damages and negotiate with insurance companies on your behalf. The insurance company will want you to settle for less than you deserve, but we know their tactics and how to push back.
Our goal is to help you recover maximum compensation for the harm you’ve suffered. Most cases settle out of court, but we’re prepared to take your case to trial if the insurer refuses to make a reasonable settlement offer.
With over 30 years of experience advocating for Miami car crash victims, It Pays To Call Payer—and we’re ready to start building your case. We’re a family-owned firm, and when you work with us, we treat you like family, too. If you or a loved one was injured by a distracted driver, contact us online or call 305-363-7099 today.
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
Hours: Open 24 hours daily
- Miami Personal Injury
- Miami Car Accident Lawyer
- Miami Accidents with Commercial Vehicles
- Miami Drunk Driving Accidents
- Miami Reckless Driving Accidents
- Miami Rear-End Accidents
- Miami Head On Collision Accidents
- What to Do After a Car Accident
- Timeline to File a Car Accident Claim
- Recovering Lost Wages After a Crash
