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Texting & Driving Accident Attorneys in Miami

texting and driving accident lawyer miami

Communication in the 21st century is easier than ever before, but it also comes with serious risks. The temptation to reply to an important message, answer a call, or check social media can lead to dire consequences for the driver of a motor vehicle, other people on the road, and innocent passersby. Texting and driving accidents claim the lives of thousands of people every year, leading to severe, life-altering injuries for survivors.

Our skilled Miami attorneys have experience in cases involving negligent drivers, including texting and driving accidents. We can easily determine a path to procuring the funds that victims deserve. Our car accident attorneys always carry a small caseload, ensuring that each case receives personal, precise attention from start to finish.

Schedule your initial consultation by calling (305) 638-4143 today.

The Dangers of Texting & Driving

Distracted driving is any activity that distracts a driver from looking at the road. Common forms of distracted driving include talking on the phone or to others in the vehicle, eating and drinking, and texting.

Distracted driving claims thousands of lives every year – 3,450 people died in 2016 as a result of this practice. The National Highway Traffic Safety Administration estimates that distracted driving accidents injure 1,000 people per day and kill nine people per day die.

Sending or reading a message takes a person’s gaze off the road for roughly 5 seconds – at 55 miles per hour, this is the same as driving the length of a football field without looking up.

Texting and Driving Laws in Florida

Many states do not have restrictions on using a cell phone while driving, despite the dire consequences of distracted driving. Luckily, texting and driving is illegal in Florida under Statute 316.305.

According to Statute 316.305(3):

  • “a driver may not operate a motor vehicle while typing, sending, or reading any data on their cell phones, including texts, emails, Facebook messages, and other forms of instant messaging.”

Receiving radio messages, using a phone to navigate, and reporting an emergency are not violations of this statute. Law enforcement officers, first responders, and firefighters who need to use technology to perform their duties are also exempt.

Who Is Liable in a Texting and Driving Accident?

If a driver violates statute 316.305(3)(a), he or she commits an act of negligence. If the car accident results in death or injury, authorities can access the driver’s billing records to determine if the driver was using a phone at the time of the accident under statute 316.305(3)(c).

Under Florida’s Financial Responsibility Law, drivers involved in accidents that cause injury, damage, or death to person or property must have full liability coverage under their insurance policies. The minimum amounts range between $10,000 to $20,000 per person or per crash.

Since Florida is a no-fault car insurance state, a victim of distracted driving will first have to obtain compensation under his or her policy’s personal protection benefits. If the case meets certain prerequisites based on injury severity, a victim can file a claim with the insurance provider of the other driver. Victims can also file a lawsuit against the at-fault driver.

Why Do You Need a Lawyer?

The litigation process can be complex and stressful. Florida’s insurance and distracted driving laws require proper legal interpretation; hiring a seasoned lawyer will ensure a victim receives the appropriate remedies.

Dealing with insurance companies requires a legal expert, like our Miami attorneys. Sometimes, companies provide less compensation to victims who don’t have lawyers because they assume the victims don’t know how much money they are eligible to receive. An attorney will be able to spot if an individual has not received the funds they deserve.

The attorneys at Flanagan & Bodenheimer Personal Injury & Wrongful Death Law Firm are skilled in cases regarding driver negligence, including texting and driving. From consultation to settlement, we work closely with our clients to obtain the compensation they deserve.

Our team of Miami personal injury lawyers is dedicated to serving the residents of South Florida across a wide range of neighborhoods and communities. We are committed to providing exceptional legal representation to individuals in areas including Coral Gables, South Miami, Homestead, Hollywood, Fort Lauderdale, Miami Beach, Kendall, Brickell, Downtown Miami, North Miami Beach, Aventura, Miami Gardens, Sunny Isles, Cutler Bay, Miami Shores, Edgewater, Midtown, Boca Raton, and West Palm Beach. 

Call us at (305) 638-4143 to schedule your free consultation today.

Client Reviews

When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, obtaining attorney...

Josh N.

Thank you all for your efforts, often in today's world, it seems everything is about money and people don't seem to care about others. I felt that this was not the case with you and I felt always that you had my best...


Michael Flanagan and his team were so supportive while handling my case. What I appreciated the most about working with Michael was his honesty and his no nonsense approach at getting the very best for his clients. I'm...

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