Have You Been Injured by a Distracted Driver?
At Neal & Solevilla Personal Injury Lawyers, we specialize in fighting for victims of distracted driving. Our commitment goes beyond legal representation—we bring compassion, personal experience, and a fierce determination to seek justice and compensation for those affected by such reckless behavior.
Why Choose Neal & Solevilla?
1. Proven Track Record of Success
2. Personal Experience with Distracted Driving Cases
Melissa’s personal experience with distracted driving has given her an intimate understanding of the pain, stress, and disruption that such incidents can cause. This experience fuels her dedication to seeking justice for victims, ensuring that they receive the fair treatment and compensation they deserve.
3. Personalized Attention and Communication
Throughout the legal process, we prioritize clear and open communication. You will be kept informed about every development in your case, and we are always available to answer your questions and address your concerns. Our commitment to transparency ensures that you are never left in the dark about the status of your case or your legal options.
4. Comprehensive Legal Support
Our Services Include:
Initial Consultation: We offer a free, no-obligation consultation to discuss your case, understand your needs, and provide an overview of your legal options.
Case Investigation: We conduct a thorough investigation to gather evidence, interview witnesses, and build a strong case on your behalf.
Negotiation and Settlement: We negotiate with insurance companies and other parties to secure a fair settlement that covers your medical expenses, lost wages, pain, and suffering.
Litigation: If a fair settlement cannot be reached, we are prepared to represent you in court and fight for your justice at a jury trial.
Ongoing Support: We provide continuous support throughout your case, addressing any issues that arise and ensuring that your needs are met.
How to Get Started
Contact Us
Clearwater, FL 33761
Neal & Solevilla Personal Injury Lawyers
Your Trusted Advocates in the Fight Against Distracted Driving
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Disclaimer: This webpage is for informational purposes only and does not constitute legal advice.
Frequently asked questions about Florida distracted driving accidents
Florida distracted driving claims at a glance
- Texting while driving is a primary offense in Florida, so an officer can stop a driver for that alone, under Statute 316.305.
- Holding a phone at all is banned in a designated school crossing, school zone or active work zone, under Statute 316.306.
- The FLHSMV counted 8,426 people affected by 2024 Florida crashes involving an electronic communication device, 17 of them fatally. Its distraction tables count people, not crashes.
- A further 116,999 people were affected by crashes where the driver was recorded simply as inattentive.
- You have two years from the crash to file, under Statute 95.11(5)(a).
Is texting while driving illegal in Florida?
Yes. The Florida Ban on Texting While Driving Law, Statute 316.305, makes it a primary offense, which means an officer can pull a driver over for texting alone rather than needing some other reason. A first violation is a nonmoving violation. A second within five years is a moving violation and carries three points.
Where does Florida ban holding your phone entirely?
In a designated school crossing, a school zone, and a work zone where construction workers are present or equipment is operating, under Statute 316.306. In those places any handheld use is prohibited, not just texting. It is a moving violation carrying three points, though a first offense can be resolved by completing an approved safety course.
How do you prove the other driver was distracted?
Rarely from the crash report alone. The proof usually sits in cell phone records subpoenaed from the carrier, the infotainment system’s paired-device log, the vehicle’s event data recorder, and nearby business or doorbell cameras. Most of that has a short shelf life, which is why the request has to go out in weeks rather than months.
What types of distracted driving cause accidents in Florida?
More than phones. The FLHSMV's 2024 distraction tables, which count people affected rather than crashes, record 116,999 for drivers who were simply inattentive, against 8,426 for electronic communication devices and 297 where texting was specifically noted. Eating, reaching for an object, passengers and distractions outside the vehicle appear as separate categories.
Can I recover punitive damages in a distracted driving accident case?
Sometimes, but the bar is high. Ordinary inattention is negligence, not the intentional misconduct or gross negligence that Statute 768.72 requires, and you need a judge’s permission before you can plead punitive damages at all. A driver texting through an active school zone is a very different argument from one who glanced at the radio.
How long do I have to file a distracted driving accident claim in Florida?
Two years from the date of the crash, under Florida Statute 95.11(5)(a). If someone died, the same two years runs from the date of death under Statute 95.11(5)(e). The practical evidence deadline is far shorter than the legal one, because phone carriers purge records and cameras overwrite.
What should I do at the scene of a distracted driving crash?
Call 911 so a report exists, and write down anything you saw the other driver doing before impact in your own words while it is fresh. Photograph the vehicle interiors if you can do so safely. Take names for witnesses, because someone who saw a phone in a hand is often worth more than the report. Then see a doctor within 14 days.
