Orlando distracted driving accident attorney
A distracted driver can cause a serious crash in only a few seconds. If another driver was texting, using an app, watching video, adjusting in-car technology, eating, or otherwise not paying attention, evidence may help establish what happened. Jeremiah Jaspon helps injured Orlando drivers, passengers, pedestrians, cyclists, and families investigate distracted-driving claims.
- Get medical care, call police, and preserve photographs, witness information, and crash-report details.
- Do not assume there is no evidence just because you did not personally see a phone in the other driver’s hand.
- Cell-phone records, vehicle data, video, app activity, and witness statements may help establish distraction.
Distracted driving accidents in Orlando
Safe driving requires attention, vision, judgment, and quick reactions. Anything that takes a driver’s eyes, hands, or mind away from the task of driving can create a dangerous distraction. On busy Orlando roads, a few seconds of inattention can lead to a rear-end crash, intersection collision, pedestrian injury, lane-change crash, or other serious accident.
Texting is one of the best-known forms of distracted driving, but it is far from the only one. Drivers may be distracted by calls, social media, navigation systems, vehicle touchscreens, food, passengers, grooming, work tasks, or a medical or emotional issue that prevents them from focusing on the road.
At The Jaspon Firm, you work directly with attorney Jeremiah Jaspon. We investigate the crash, preserve evidence, identify available insurance coverage, and handle the insurance company while you focus on your medical care and recovery.
What is distracted driving?
Distracted driving generally falls into three overlapping categories. A driver may be visually distracted by looking away from the road, manually distracted by removing a hand from the wheel, or cognitively distracted by focusing on something other than driving.
Visual distractions
Looking at a text, a social-media post, a navigation screen, a video, another passenger, or something outside the vehicle.
Manual distractions
Typing, holding a phone, eating, reaching for an item, adjusting vehicle controls, or performing another task that takes hands from the wheel.
Cognitive distractions
Being mentally focused on a call, an argument, work, a message, fatigue, or another issue instead of traffic conditions and safe driving.
Common forms of distracted driving
- Texting, emailing, messaging, or using social media while driving
- Watching videos, recording video, or using a phone camera
- Manually entering information into a navigation or rideshare app
- Talking on a handheld phone or being mentally distracted by a conversation
- Adjusting infotainment systems, music, climate controls, or other in-car technology
- Eating, drinking, grooming, reaching for objects, or handling pets
- Turning around to attend to children or engaging with passengers
- Reading, working, or using a laptop, tablet, or other device
How do you prove a driver was distracted?
Proving distraction can be difficult, but a strong claim does not depend on one kind of evidence alone. The investigation may combine physical evidence, electronic data, witness accounts, the police report, and the driver’s own statements.
- Witness statements: Another driver, passenger, pedestrian, or bystander may have seen the driver looking down, holding a phone, drifting between lanes, or failing to react.
- Crash-scene evidence: Vehicle positions, damage patterns, skid marks, traffic signals, road conditions, and the lack of braking may help explain the collision.
- Video evidence: Traffic cameras, nearby businesses, homes, dashcams, and vehicle cameras may have captured the moments before the crash.
- Cell-phone and app records: When legally available, records may help establish calls, messages, data use, navigation activity, or app activity around the time of the collision.
- Vehicle data: Event data recorders and connected-vehicle systems may provide information about speed, braking, steering, and vehicle operation.
- Admissions and reports: The driver may have made a statement to police, an insurer, a witness, or another person acknowledging distraction.
- Expert analysis: In some cases, accident-reconstruction or other experts may help explain the sequence of events.
Florida’s distracted-driving laws
Florida prohibits manually typing or entering multiple characters into a wireless communications device, and sending or reading data for nonvoice interpersonal communication while operating a motor vehicle. This includes activities such as texting, emailing, and instant messaging, subject to statutory exceptions.
Florida also restricts handheld wireless-device use while driving in designated school crossings, school zones, and active work zones. The rules contain exceptions, including certain emergency, navigation, and hands-free uses. A traffic citation can be relevant evidence, but a driver can be negligent even without receiving one if their distraction caused the crash.
See the current statutory language: Florida Statutes §316.305 and Florida Statutes §316.306.
Injuries and losses after a distracted-driving crash
A distracted driver may not brake, swerve, or otherwise react before impact. The resulting collision can cause injuries ranging from whiplash and broken bones to traumatic brain injuries, spinal injuries, permanent disability, or wrongful death.
When another party is legally responsible, a claim may seek compensation for medical care, future treatment, lost income, reduced earning capacity, vehicle and property damage, pain and suffering, emotional distress, disability, disfigurement, and other losses supported by the facts and evidence.
What if I was partly at fault?
An insurer may argue that you were speeding, following too closely, distracted yourself, or otherwise contributed to the crash. That does not automatically end the claim. Florida uses a modified comparative-fault system in many negligence actions: a claimant’s recovery may be reduced by their percentage of fault and, in many covered cases, recovery is barred when the claimant is found more than 50% at fault. The specific statute, exceptions, facts, and evidence must be evaluated carefully.
See Florida Statutes §768.81 for the current comparative-fault statute.
What happens after a distracted-driving accident claim is opened?
Every case is different, but the process generally begins with medical care, investigation, insurance coverage review, and evidence preservation. When appropriate, the claim may proceed through insurance negotiations. If a fair resolution is not reached, a lawsuit may be necessary to obtain information, prove liability, and pursue compensation through the legal process.
Jeremiah Jaspon reviews the facts of the accident, explains the available options, and prepares the case with the understanding that an insurer may dispute fault, minimize injuries, or challenge the value of the claim.
How long do I have to bring a distracted-driving claim?
Deadlines can be short. Many Florida negligence claims are subject to a two-year filing deadline, but the correct deadline can vary based on the facts, the parties involved, the type of claim, and possible exceptions. Do not wait to seek advice: phone data, video, witness memories, and other evidence may become harder to obtain over time.
Talk directly with an Orlando distracted-driving accident lawyer
If a distracted driver injured you or someone you love, you do not have to investigate the crash alone. Jeremiah Jaspon personally reviews new injury cases and can explain the next steps. There are no fees or expenses unless we recover money for you.
Distracted driving accident questions
Can I bring a claim if the other driver was texting?
Possibly. Texting or another form of distraction can be evidence of negligence when it contributed to the collision. The facts, evidence, injuries, and available insurance coverage all matter.
How can I prove the other driver was using a phone?
Evidence may include witness statements, video, crash-scene evidence, police observations, driver admissions, phone or app records when legally available, and vehicle data.
Is talking on a phone while driving illegal in Florida?
Florida’s rules differ depending on the conduct and location. Texting and reading or sending nonvoice messages are prohibited while operating a vehicle, and handheld use is restricted in designated school crossings, school zones, and active work zones. A driver may still be negligent even if no citation is issued.
What if I was partly at fault for the crash?
Your own conduct may affect a claim, but it does not necessarily prevent recovery. Florida’s comparative-fault rules can reduce recovery based on the percentage of fault, and the specific facts should be reviewed carefully.
What compensation may be available after a distracted-driving crash?
Depending on the facts, compensation may include medical expenses, lost income, property damage, pain and suffering, future treatment, disability, and other losses caused by the collision.
Do I need a lawyer after a distracted-driving accident?
Distraction claims can require fast evidence preservation and a careful investigation. An attorney can review the crash, identify useful evidence, handle insurer communications, and explain available options.