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Distracted Driving  

When they say keep your eyes on the road, they mean it. The truth is you do not have to be impaired or under the influence to drive recklessly or carelessly, you can just be distracted. In fact, the sad reality is that distracted driving kills more people on the road than drunk driving. The reason being is when you’re distracted, you can lose mental, physical, or cognitive control, all which are necessary for driving defensively and avoiding a collision. The most common example at this time is texting and driving.

Since the introduction of the phone, as well as the ability to text, texting and driving has become so lethal, both Federal and State laws have implemented policies outlawing texting and driving in order to spread awareness about the serious problem. If you are involved in a collision with a distracted driver, you should contact legal counsel as soon as possible.  

Lawyer for Distracted Driving in Miami, FL   

Filing a lawsuit against a distracted driver that injures you or a loved one is often necessary to preserve your interests and recoup your damages. Our attorneys at Abrams Justice Trial Attorneys work with you to hold the other driver accountable. Our attorneys are experienced litigators who fight aggressively on your behalf so that you may recover fair compensation. 

We work with clients in Miami, Hialeah, Homestead, Doral, Coral Gables, Pinecrest, Palmetto Bay, and Fort Lauderdale and more. Call (305) 709-0880 to get started on a confidential consultation or fill out a free case review form at the bottom of the page.   


Overview of Distracted Driving 


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What Counts as Distracted Driving?

Distracted driving is any activity that distracts you from driving. Distracted driving can vary between different types: visual, manual, cognitive, or a combination of all three. 

Manual- Taking your hands off the wheel  

  • Eating or drinking
  • Fixing child’s seatbelt (may be visual too) 
  • Reaching for a purse, wallet, or bag 

Visual- Taking your eyes off the road  

  • Messing with the radio or any other entertainment system (may be manual too)  
  • Working the GPS or any other navigation system

Cognitive- Taking your mind off the road 

  • Talking to people inside the vehicle  
  • Talking on a hands-free device 
  • Thinking about personal issues outside of driving 

Texting and driving have long been the epitome of distracted driving. More so, it combines all three types of distractions. Previous research finds the amount of time it takes to send a text while driving at 55mph is approximate to driving through a whole football field.  


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Distracted Driving Statistics  

  • 9% of Fatal Crashes in 2017 were reported as distracted affected (NHTSA 2017) 
  • 3,166 individuals were killed in distracted driving crashes in 2017 (NHTSA 2017)  
  • In 2017, 599 nonoccupants (bicyclists, pedestrians, and others) were killed in distraction affected crashes (NHTSA 2017)  
  • In 2017, cell phone use was noted in 14% distracted-affected crashes (NHTSA) 
  • A study by the AAA revealed electronics are the number one use of distraction by teen drivers   
  • Texting while driving is currently banned in 48 states and the District of Columbia (IIHS)
  • 23 states plus the District of Columbia have put into effect some type of hand-held device ban (IIHS)   
  • 38 states plus the District of Columbia have young-driver phone use bans 

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Florida’s Fight Against Distracted Driving 

Florida has come a long way in enforcing distracted driving laws. In 2019, state legislature established two new laws directed at reducing the amount of distracted driving in the state. The first, Fla. Stat. §316.305 bans the use of handheld devices for the purpose of entering or typing multiple letters, numbers, symbols, or other characters or other wireless communication, including but not limited to sending or reading data, texting, instant messaging, or emailing while driving. 

The second law, Fla. Stat. §316.306 bans all use of wireless communications devices in a handheld manner while in a designated school crossing, school zone, or work zone area while driving. As of January 1, 2020, law enforcement can issue citations for violations of this law.  

Safe Phone Zones & Campaign 

In an effort to further tackle down on distracted driving, in 2015, the Florida Department of Transportation established a set of safe phone zones, in which 64 areas (Rest Areas & Welcome Centers and Turnpike Service Plazas) are designated for drivers to stop and use their hand-held electronic devices freely. The Put It Down campaign, a distracted driving initiative in South Florida has also worked to push more awareness about distracted driving through the years.


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Liability for Distracted Driving 

Proving someone was distracted while driving can be incredibly difficult. However, there is still evidence that can be used against the other drive to provide that their distraction led to your accident.  

Evidence can include the following:

  • Spills, open cups/bottles, or food wrappers
  • Lack of collision avoidance (swerving, braking, beeping) 
  • Recent social media activity leading up to the accident
  • Video/Camera Footage 
  • Programmed data recording device (EDRs)

To build a case that you feel confident about, reach over to an attorney for distracted driving. You have only a limited amount of time to file a personal injury or wrongful death lawsuit according to statute of limitations standards. 


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Additional Resources 

Teen Driver Source | Teen Distracted Driving – Teen drivers are more prominent in distracted driving than other age groups. Teen drivers are also more likely to be involved in texting while driving. The following information guide highlights the issue for parents and teens and provides more information. 

End Distracted Driving (EndDD)  | What We Can Do – End Distracted Driving (EndDD) is another campaign developed by the Casey Feldman Memorial Foundation. The non-profit foundation was started by the two parents of Casey Feldman, who died in a distracted driving crash. The Foundation strives to spread more information about distracted driving including advice tips for parents, employers, drivers, and passengers on how to further combat distracted driving.   


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Attorney for Distracted Driving in Miami-Dade County, FL

Distracted driving is already condemned by state laws. The use of handheld devices while driving is banned or limited by state authorities. When a driver decides to text and drive or get distracted while driving, they are not only breaking the law but putting anyone else around them in danger. Any driver who is found distracted should be held accountable for their actions. A driving crash can lead to severe injuries, and even death. If you were involved in a collision with a distracted driver, you should not have to face the aftermath alone. 

Hospital costs and doctor bills can amount to thousands of dollars. If the other driver’s policy does not have enough to cover for your expenses, you should seek for an attorney for distracted driving instead. Our litigators will make sure to focus entirely on you and represent your best interests.  

Call our office at (305) 709-0880 for a consultation or fill out an initial contact form at the bottom of the page. We work with clients in the Miami-Dade County area and the cities of Miami, Homestead, Coral Gables, Pinecrest, Doral, and more.  

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