Florida Mediation and Personal Injury Attorney

Cell Phone Distraction Car Accident Attorney in Florida

Cell Phone Distraction Car Accident Attorney in Florida
In Florida, texting while driving is one of three forms of distracted driving.

Using a cell phone while operating a motor vehicle diverts the driver’s attention from the primary task of driving, which can lead to preventable car accidents. According to the National Highway Traffic Safety Administration (NHTSA), more than 2,800 people were killed in distracted driving accidents in 2018 alone


If you were involved in a car crash involving cell phone distractions, it’s important to consult with an experienced car accident attorney in Daytona Beach. Contact our cell phone distraction car accident attorney at Rick Kolodinsky, P.A. to review your case and prove that the other driver was distracted to maximize your financial compensation. 

Types of cell phone distractions while driving

Contrary to popular belief, texting while driving is not the only form of distracted driving. The Centers for Disease Control and Prevention (CDC) recognizes three types of distractions when operating a vehicle

  1. Manual distractions: when you take your hand(s) off the wheel to text, take a call, or for any other reason.
  2. Visual distractions: when you take your eyes off the road to read a text message, answer a phone call, or for any other reason. 
  3. Cognitive distractions: when you take your mind off the road to daydream, focus on a phone call conversation, or engage in any other cognitive distraction. 

Often, two or even three types of distractions can overlap, increasing the risk of a car accident. 

What types of cell phone distractions are banned in Florida?

There are two Florida Statutes Sections that address cell phone distractions while operating a vehicle: Section 316.305 and Section 316.306. Currently, Florida’s distracted driving laws prohibit drivers from manually typing or entering text into a cell phone or any other wireless communications device while operating a motor vehicle.


The ban also extends to reading or sending electronic information, emailing, and instant messaging on your cell phone. In addition, Florida state law bans using cell phones and wireless communications devices in a handheld manner, such as texting and talking, in school and work zones.

Can you talk on a cell phone while driving in Florida?

Not while driving through a school or work zone. Florida law prohibits talking on your cell phone or any other wireless communication device when driving through a designated school or work zone area. Otherwise, Florida’s distracted driving laws do not prohibit talking on your phone as long as you use a hands-free device to make and receive calls.

How is fault determined in Florida car accidents caused by cell phone distractions?

fault determined in cell phone distraction car accidents
Florida law allows you to seek compensation even if you’re partly to blame for your own injury.

Florida follows the doctrine of pure comparative negligence, as provided in the Florida Statutes Section 768.81. The pure comparative negligence rule allows you to seek financial compensation even if you’re partly to blame for your own injury. However, the total amount of damages that you can recover will be reduced in proportion to your degree of fault/blame. 


For example, if Driver A is 70% at fault for causing a car accident because they were distracted by their cell phone, and Driver B is 30% at fault for exceeding the speed limit, Driver B’s compensation will be reduced by 30%. 


In many distracted driving accidents, fault is not immediately clear. That’s why it’s important to seek legal counsel from a skilled car accident lawyer who can obtain the distracted driver’s cell phone records and establish fault.  

How to seek compensation if a distracted driver caused a car accident

Florida is a “no-fault” auto insurance state, which means if you were injured in a car accident, you can file a first-party insurance claim through your own insurer regardless of who was at fault for the crash.


Under the Florida Statutes Section 627.736, you can make a Personal Injury Protection (PIP) claim with your own auto insurance company to seek compensation for your damages and you would be compensated up to the policy limits. 

In Florida, the minimum auto insurance policy requirements for all drivers include:

  • $10,000 in Personal Injury Protection (PIP) coverage; and 
  • $10,000 in Property Damage Liability coverage. 

If your damages exceed your policy limits and you suffered a serious injury in a car accident involving a distracted driver, then you can obtain additional compensation by filing an injury claim against the distracted driver’s insurance company. In these cases, it’s advised to be represented by an experienced Florida car accident lawyer to help you determine a settlement that will cover the rest of your damages when negotiating with the other party’s insurer. 

Why you need a cell phone distraction car accident lawyer in Florida

The injured victim filing the claim has the burden of proof in the event of a car accident so it’s up to you to prove that the other driver was distracted and at-fault for the crash. As such, if you were injured in a distracted driving accident in Daytona Beach or other parts of Florida, you could benefit from hiring an experienced Florida car accident lawyer.

Your attorney can help you obtain the distracted driver’s cell phone records as vital evidence to prove that they were engaged in illegal use of a cell phone while driving, such as texting, sending emails, or talking on their handheld phone, at the time of the collision. 

Hire a cell phone distraction car accident lawyer to help you collect evidence, gather necessary documentation, and establish fault in your collision. Contact Florida car accident lawyer Rick Kolodinsky, P.A.,  to schedule a free case evaluation and determine liability in your case. Call 386-200-1866 or visit our Contact Us page. 

Mr. Kolodinsky has been honored by his induction into this prestigious nationwide organization of trial lawyers. Of some 900 lawyers in Volusia Country there are four lawyers so honored.
- American Board of Trial Advocates
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