If you’ve been injured by a distracted driver in Orlando, you need answers fast. As an experienced distracted driving accident attorney serving Central Florida, I’ve helped countless victims navigate the complex aftermath of texting while driving accidents. The statistics are alarming – in Orange County alone during 2023, distracted driving caused 6,307 crashes, 315 serious injuries, and 35 fatalities. With Orlando’s I-4 corridor and tourist-heavy roads seeing a surge in these incidents, you need a proven texting while driving Orlando car accident lawyer who understands how to prove fault in these challenging cases.
When another driver’s decision to text behind the wheel changes your life, you deserve an Orlando personal injury attorney who knows how to investigate and prove distracted driving. Florida’s laws on texting while driving have become stricter, but proving the other driver was texting takes experience and quick action. As your car accident attorney, I know what evidence to gather and how to build the strongest possible case for maximum compensation.
Texting While Driving May (Or May Not) Lead To Liability For Orlando Auto Accidents & Injuries
Distracted driving, including texting while driving, has gained the attention of many distracted driving accident lawyers in Orlando, Florida, because this widespread problem has caused some of the most catastrophic injuries you could possibly imagine. Recent data from Orange County shows that younger drivers, particularly those aged 20-24, are responsible for the highest percentage of distracted driving crashes at 16.45%. As your potential texting while driving accident attorney, I can tell you that accidents caused by distracted driving are often similar in severity to those caused by drunk driving. Even worse, most people do not really believe distracted driving is dangerous. Plus, if there is evidence that the at-fault driver was texting while driving, then the case may have more value. But whether there is evidence to prove distracted driving is a completely different question.
The Growing Crisis of Distracted Driving in Orlando and Throughout Florida
According to the Florida Department of Highway Safety and Motor Vehicles, 2023 saw shocking statewide numbers:
- 299 fatalities across Florida
- 2,510 serious injuries statewide
- Thousands of lives forever changed
- Particularly high impact on drivers aged 15-29, who account for over 40% of all distracted driving crashes
- Over 2,000 crashes requiring emergency response
- Nearly 50% of victims suffered incapacitating or serious injuries
- Young drivers in Orange County are particularly at risk, with the I-4 corridor seeing a disproportionate number of these crashes
What Happened During The Accident, Besides The Texting Or Other Distraction, Still Matters
Whether someone texting while driving caused an accident, so would be liable for any damages, depends on what happened during the accident. If someone was texting while driving, then he was breaching his duty of care to other drivers on the road. However, that breach must have actually caused the accident. As an experienced car accident distracted driver attorney, I can tell you that, if the offender was rear-ended, proving the front driver shared any blame for the accident would still be a major challenge. In that type of case, the jury might be instructed that comparative negligence could be considered (that’s where the jury divides blame for the accident, on a percentage basis, between both drivers). Also, it is very possible that the insurance company might never even realize that the front driver had been texting, which would make the distracted driving a non-issue. They very well might never know, if the insurance company lawyer never asks during the injured person’s deposition (which is a statement taken under oath during any litigated auto accident case). Therefore, although texting while driving is illegal in Florida, there may, or may not, be any different car accident case value as a result.
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Terrible Statistics Regarding Distracted Driving Accidents
Distracted driving is the leading cause of auto accidents in the U.S. Some studies estimate that 80 percent of automobile accidents are caused by driver distraction. (In an earlier post, I discussed some distracted driving auto accident case values.) Hundreds of thousands of people are injured and killed annually in auto accidents caused entirely by distracted driving. Distracted driving is really any form of activity, performed while driving, that takes the drivers attention away from the responsibility of driving safely.
Types Of Driver Distraction & How They Impact Proof
Distraction may occur on many levels, including visual (a driver taking their eyes off the road), manual (a driver taking their hands off the wheel), and cognitive (a driver not thinking about the job of driving, which is why even driving while using a Bluetooth device is not safe). But the bottom line is the person was not fully focused on their job of driving safely. As far as evidence in lawsuits, different types of distraction may be harder, or easier, to prove.
There are lots of things that could distract a driver from driving. But certain activities are known culprits, leading to accidents caused by the person’s inattention. These include things like:
- Texting While Driving
- Using Social Media Apps
- Watching Videos
- Watching Laptops
- Eating Or Drinking
- Grooming Oneself
- Reading Anything
- Changing A Radio Station, Or MP3 Device
- Inputing location or performing searches on navigation apps (drivers may look at navigation apps while driving in Florida)
- Dialing Or Viewing A Smartphone
- Reaching To The Floor Or Backseat
- Talking On The Phone, Even When Using A Bluetooth
- Arguing With A Spouse
- Deep Conversation Or Even Thought
- Carrying Pets In One’s Lap
- Children Arguing
Car Accident & Personal Injury Case Value Implications of Texting While Driving
If we can prove that someone was texting or otherwise significantly distracted while driving, then, as a practical matter during the lawsuit, proof of other aspects of the case becomes easier. We view a defendant in an injury case, who was texting while driving, somewhat similar to a defendant who was drunk driving, in that proof of the bad behavior is, all other things being equal, a case value enhancer, as long as there is enough insurance money to cover the enhanced value. This is never a black-and-white numerical enhancement of the case value. Instead, both the plaintiff’s (injured person’s) and defendant’s lawyers view this evidence as damning during any settlement negotiations. Juries do not like defendant’s who knowingly put others at risk by their own voluntary behavior. So that makes any evidence of bad voluntary behavior essentially cause the defense lawyers to offer more money, more quickly, during settlement negotiations.
The problem with distracted driving becomes proof. Unlike drunk driving, where we often have toxicology reports, along with behavioral observations after the accident, distracted driving clues are harder to find. But the evidence sometimes exists, which is why we work quickly to try to find any evidence of suspected distracted driving.
Few People Recognize The Dangers Of Texting & Driving
Many people are well aware of the dangers of texting while driving. But they still think that they can safely drive and text, despite the known risks. Also, many are not aware of the dangers of these other distracting activities. With smartphones becoming increasingly central to our lives, distracted driving has become an epidemic in Orlando and throughout Florida. Plus, with so many people texting and using smartphones in all sorts of new ways, distracted driving has become a very widespread and dangerous problem. According to the Florida Department of Highway Safety and Motor Vehicles, in 2023 alone, Orange County saw 6,307 distracted driving crashes – that’s about 17 crashes every single day in our community.
Texting Is Probably The Worst
Although there are many forms of distracted driving, many studies conclude that texting while driving is the most dangerous of the distractions. Texting creates a much higher risk of accidents, which is pretty scary considering there are hundreds of millions of texts sent in the U.S. each year. Texting is probably the worst because it causes all three forms of distraction (visual, manual, and cognitive).
Recent data shows that drivers aged 20-24 have the highest rate of distracted driving crashes at 16.45%, with many of these involving texting. A commonly known fact is that texting drivers are not looking at the road for 4.6 seconds, which, driving at 55 mph, is the time needed to drive the distance of a football field. However, proving texting while driving may or may not be possible. Talking to an Orlando, Florida distracted driving accident attorney ASAP is the best way to try to capture and preserve evidence related to texting while driving.
Cognitive Distractions Maybe More Difficult To Prove
Cognitive dangers aren’t quite as obvious, so are much more difficult to prove. But cognitive distractions basically cause inattention blindness, which means drivers do not comprehend or process information in their field of vision, even though they are looking at them. Put differently, the driver is not thinking about what he is seeing on the road. The best way to prove cognitive distraction, in my experience, is either witness testimony, or admissions from the at-fault driver himself.
What To Do If You’ve Been Hit By A Distracted Driver In Orlando
- Document everything at the scene if possible.
- Most importantly, take photos or videos of the vehicles involved in the crash, and the accident scene.
- Look for signs the other driver was distracted (phone in hand, food/drinks, etc.)
- Get witness information – they may have seen the driver texting, eating, etc. Witnesses can be invaluable to proving distracted driving.
- Report the crash to law enforcement, either by calling the Orange County Sheriff’s office, or the local city police department, or both if you aren’t sure who has jurisdiction
- Seek medical attention immediately. This is essential — do not delay medical care. In addition to treatment your injuries, prompt medical treatment helps prove the severity of your injuries later (and the opposite, no prompt treatment, can substantially lower case values)
- Contact an experienced Orlando distracted driving accident lawyer
If you were involved in an auto accident in Orlando, Florida involving texting and driving, and you are wondering which driver is legally to blame, please call or text our 24 hour attorney hotline right away. Additionally, after an accident, there are many things that should be done right away to make sure you get the most money possible from any auto accident case. So calling or texting is urgent.
Text or Call 24 Hr Attorney Hotline (407) 803-2139
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Examples Of Texting & Driving Cases & Values