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Florida Texting and Driving Accident Attorney 

A man in the cab of a semi-truck texting while driving on the highway

Even when you operate your vehicle safely, other drivers may not be as responsible. Texting while driving is ultimately a personal choice, but the dangerous and often deadly accidents caused by this behavior are entirely preventable. Fortunately, distracted driving crash victims can hold negligent drivers accountable and recover damages for their losses.  

In a Florida texting and driving lawsuit, the victim brings a civil suit against the party who caused their injuries. Trust your case to our team at Kogan & DiSalvo. We keep you abreast of every milestone in your claim as we document the damages you’ve sustained and strive to maximize your legal recovery. 

Why is Texting and Driving Dangerous?  

Teenage driver looking at his phone while driving at night

For motorists, there are three types of dangerous distractions: 

  • Visual distractions take the driver’s eyes off the road. They may be looking at their GPS, turning to chat with a backseat passenger, or sending a text. 
  • Manual distractions take the driver’s hands off the wheel. Adjusting the radio, eating a meal, or searching for something in a purse or backpack are all manual distractions.  
  • Cognitive distractions mean the driver is paying attention to anything but driving. They may be engrossed in a conversation or reading a text. 

Recent research sought to determine the level of impairment associated with distracted drivers. The study established that it is just as dangerous as driving drunk. Safe driving requires all your faculties.  

Common Accident Types Caused by Texting While Driving 

Firefighters and EMTs loading an injured driver onto a stretcher next to a flipped-over car

Distracted driving has been called a national epidemic because of the sheer number of accidents, injuries, and property damage it causes.  

Common distracted driving accidents include:  

  • Head-on collisions: An inattentive driver can drift into oncoming traffic in seconds.  
  • Intersection crashes: Drivers can run a red light or stop sign, T-boning a vehicle traveling through the intersection.  
  • Pedestrian or cyclist accidents: Without the protection of a passenger vehicle, pedestrians and cyclists are especially vulnerable.  
  • Rear-end collisions: Someone texting while driving may not realize traffic has slowed or stopped, slamming into the car ahead of them.  
  • Side-swipe accidents: A distracted driver can veer into an adjacent lane, colliding with another vehicle.  

Texting while driving injuries can be serious and even fatal, depending on the force and angle of impact. Yet, despite all we know about the risks, state highway safety agencies report an average of 1,000 distracted driving accidents every week across Florida. 

Our Experienced Texting and Driving Accident Lawyers Are Here to Help 

A woman and a truck accident lawyer with a clipboard examine a crashed truck

Our Florida car accident attorneys understand that nothing can mitigate the trauma of a serious crash caused by a negligent driver. However, we could fight to ease part of your burden and provide peace of mind knowing your medical bills and lost income are covered. If you want to pursue civil action, we investigate the details of your accident and collect all available evidence, including: 

  • Photos from the scene taken by you or bystanders 
  • Video recordings from dashcams, CCTV, and surveillance cameras 
  • Police and medical reports  
  • Eyewitness testimony  

We could also subpoena cellphone phone records to determine if the other driver was using it before the crash. All these details help build a solid case for compensation.  

Proving Liability in a Texting While Driving Lawsuit 

A three-car accident with an emergency services vehicle behind

Because Florida is now a modified comparative negligence jurisdiction, you are barred from any recovery if you are found to be more than 50% at fault for the accident. If your fault is less than 50%, your recovery is reduced proportionally based on that percentage. Because of this, our team will thoroughly investigate your case and defend against any suggestion that you were partially at fault. 

Contact Us at Kogan & DiSalvo for a Free Consultation 

Two people sitting at a desk with a computer reviewing a legal document

Schedule a free case analysis where we can assess your accident, answer your questions, and determine if you have a viable case. Our veteran attorneys are well-versed in Florida’s negligence laws and have a proven track record of outstanding settlements and verdicts. Our goal is to help clients get their lives back on track with minimal disruption or inconvenience. Since we work on a contingency basis, there are no upfront legal fees. 

We look forward to hearing from you.  

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