Whether driving along Colonial Boulevard, crossing the Caloosahatchee on the Edison Bridge, or navigating traffic on US-41, the roads in Fort Myers can be hazardous, especially when drivers are not paying attention.
Distracted driving is a growing problem across Southwest Florida. And these actions can lead to serious crashes, injuries, and death. You want to seek compensation, but are you allowed to do so under the law?
Can you file a lawsuit against a distracted driver?
You may have the right to take legal action if you’ve been injured because someone else was texting, checking GPS, or not focused behind the wheel. Florida operates under a no-fault insurance system, but that does not mean negligent drivers get a free pass. If your injuries are serious, state law allows you to step outside the no-fault framework and pursue a lawsuit against the at-fault driver.
Here is what you need to know about how distracted driving claims work in Florida.
What Counts as Distracted Driving?
Distracted driving is any activity that takes a driver’s attention away from the road. This includes:
- Texting or using a smartphone
- Eating or drinking
- Adjusting the radio or navigation system
- Talking to passengers
- Reaching for items inside the vehicle
In Florida, texting while driving is banned under the law. In the Sunshine State, it is considered a primary offense. Officers can pull a driver over just for texting behind the wheel.
So, what are your legal options if these drivers cause an accident with injuries or worse?
Florida Has a No-Fault System
Florida is one of the few states that operates under a no-fault auto insurance system. This means that after most car accidents, your own insurance company covers your medical expenses and lost wages, no matter who caused the crash. This coverage comes through your Personal Injury Protection (PIP) benefits.
However, no-fault coverage is limited. PIP only pays up to 80% of your medical bills and 60% of your lost wages, up to a maximum of $10,000. It also doesn’t cover pain and suffering or emotional distress.
What happens if your injuries are serious or if you’ve lost a loved one in a crash caused by someone who was not paying attention on the road?
There are options. Florida law allows you to file a lawsuit against the at-fault driver.
When Can You File a Lawsuit?
You can pursue a personal injury lawsuit in Florida if your injuries meet the state’s “serious injury threshold.” According to Florida Statutes § 627.737, a victim can sue if the accident resulted in:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
If your injuries fall under these categories, you are no longer limited to your PIP coverage. You can file a claim or lawsuit against the distracted driver for full compensation. This can include:
- Pain and suffering
- Emotional distress
- Other related damages
There’s the Question of Proving Negligence
To succeed in a distracted driving lawsuit, you must prove that the other driver was negligent. In legal terms, you need to show that:
- The driver owed you a duty of care. Keep in mind that all drivers are expected to operate their vehicles safely.
- They breached that duty by driving distracted.
- Their negligence caused the accident.
- You suffered damages, such as medical bills, lost income, or pain and suffering.
Evidence becomes important as you will need to build your case. You may need:
- Police reports
- Phone records
- Surveillance footage
- Accident reconstruction
- Witness testimony
You do not have to do this all by yourself. Working with an experienced distracted driving attorney can help you get started on this legal journey. And Titan Law is ready to help you get started.
Get the Legal Help You Need for Your Accident Case
Being injured by a distracted driver can be a life-changing experience, but Titan Law is ready to help.
Florida law gives you the right to hold negligent drivers accountable and recover financial and emotional compensation.
If you’re dealing with the aftermath of a serious crash, we’re here to help you seek justice.
