Distracted Driving Accident Lawyer

Distracted driving has become one of the most pressing safety concerns on Florida's roads, causing thousands of preventable accidents each year. At Heintz Law in Bradenton, our distracted driving lawyers understand the devastating impact these incidents can have on victims and their families. Our distracted driving accident lawyer team is dedicated to helping those injured by negligent drivers who failed to keep their attention on the road.

Contact us today to discuss your case and learn how we can help you move forward with your recovery. 

When a driver's focus shifts away from driving, even for a few seconds, the consequences can be catastrophic. Whether caused by texting, eating, adjusting the radio, or any other distraction, these accidents often result in severe injuries and significant financial hardship for victims. If you've been injured in such an incident, a distracted driving accident lawyer can help you pursue the compensation you deserve.

Financial Compensation You Can Pursue in a Distracted Driving Account Case

When you've been injured by a distracted driver, understanding the full scope of available compensation is crucial for your financial recovery. A distracted driving accident lawyer can help you identify and pursue all applicable damages to ensure you receive fair compensation for your losses.

Economic Damages

• Medical Expenses: All costs related to your injury treatment, including emergency room visits, hospital stays, surgery, prescription medications, physical therapy, and ongoing medical care required for your recovery.
• Lost Wages: Compensation for income lost during your recovery period, including salary, hourly wages, overtime, bonuses, and other employment benefits you would have earned if not for the accident.
• Future Lost Earnings: Damages for reduced earning capacity if your injuries prevent you from returning to your previous job or limit your ability to work at full capacity in the future.
• Property Damage: Costs to repair or replace your vehicle, as well as any other personal property damaged in the accident, such as electronics, clothing, or other belongings.
• Transportation Costs: Reimbursement for alternative transportation expenses while your vehicle is being repaired or replaced, including rental car fees and public transportation costs.
• Home Modification Expenses: Costs for necessary changes to your living space to accommodate disabilities resulting from your injuries, such as wheelchair ramps, grab bars, or accessible bathroom modifications.

Non-Economic Damages

• Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress caused by your injuries and the ongoing impact on your daily life and well-being.
• Mental Anguish: Damages for psychological trauma, anxiety, depression, and other emotional consequences stemming from the accident and your injuries.
• Loss of Enjoyment of Life: Compensation for your inability to participate in hobbies, recreational activities, and life experiences you previously enjoyed before the accident.
• Disfigurement and Scarring: Damages for permanent physical changes to your appearance that affect your self-esteem and social interactions.
• Loss of Consortium: Compensation available to spouses for the loss of companionship, intimacy, and support resulting from their partner's injuries.
• Inconvenience and Lifestyle Changes: Damages for the disruption to your normal routine and the additional burdens placed on your daily life due to your injuries.

Special Circumstances

• Punitive Damages: In cases involving particularly reckless distracted driving behavior, courts may award punitive damages to punish the defendant and deter similar conduct.
• Wrongful Death Damages: If a distracted driving accident results in death, surviving family members may pursue compensation for funeral expenses, loss of financial support, and loss of companionship.
• Multiple Liable Parties: When multiple parties share responsibility for the accident, such as employers of commercial drivers or vehicle manufacturers, additional compensation sources may be available.

Working with an experienced car accident lawyer ensures that all potential sources of compensation are identified and pursued. At Heintz Law, our personal injury lawyer team conducts thorough evaluations of each case to maximize the financial recovery available to distracted driving accident victims in Bradenton and surrounding areas.

How a Distracted Driving Accident Lawyer Can Maximize Your Compensation

A skilled distracted driving accident lawyer employs strategic legal tactics and thorough investigation methods to secure the highest possible compensation for your case. Our distracted driving lawyers utilize proven techniques to build compelling cases that insurance companies and courts cannot ignore.

Evidence Collection and Case Building

• Cell Phone Record Analysis: Subpoenaing and analyzing the at-fault driver's phone records to establish exact timing of calls, texts, or app usage during the accident, creating undeniable proof of distraction.
• Accident Reconstruction Services: Working with qualified accident reconstruction specialists who use physics, engineering principles, and crash data to demonstrate how distracted driving caused your collision.
• Witness Interview Coordination: Conducting comprehensive interviews with eyewitnesses to document observations of the distracted driver's behavior immediately before and during the accident.
• Traffic Camera and Surveillance Footage: Identifying and securing video evidence from nearby businesses, traffic cameras, and dashcams that may have captured the distracted driving behavior.
• Vehicle Data Recovery: Extracting information from vehicle event data recorders (black boxes) to analyze speed, braking patterns, and steering inputs that indicate distracted driving.
• Social Media Investigation: Researching the defendant's social media accounts for posts, photos, or location data that may contradict their version of events or reveal patterns of distracted driving.

Medical Documentation and Damages Assessment

• Medical Record Organization: Compiling and organizing all medical documentation to present a clear picture of your injuries, treatment timeline, and prognosis to maximize medical expense claims.
• Future Medical Cost Projections: Working with medical professionals to calculate anticipated future treatment costs, rehabilitation needs, and long-term care requirements for permanent injuries.
• Lost Wage Calculations: Documenting all lost income, including overtime, bonuses, and benefits, while projecting future earning capacity losses based on your injury limitations.
• Life Care Planning: Collaborating with life care planners to determine comprehensive future needs for individuals with permanent disabilities or long-term impairments.
• Pain and Suffering Documentation: Maintaining detailed records of how injuries impact your daily activities, relationships, and quality of life to support non-economic damage claims.

Insurance Negotiation and Litigation Strategy

• Insurance Policy Analysis: Thoroughly reviewing all applicable insurance policies, including the at-fault driver's coverage, your own policy benefits, and any umbrella policies that may provide additional compensation.
• Demand Package Preparation: Creating comprehensive demand packages that present evidence, medical documentation, and damage calculations in a compelling format that motivates fair settlement offers.
• Settlement Negotiation Tactics: Employing proven negotiation strategies to counter lowball offers and secure settlements that fully compensate for your losses without unnecessary litigation delays.
• Trial Preparation Excellence: Developing courtroom-ready cases with visual aids, witness preparation, and legal arguments that demonstrate the full extent of damages caused by distracted driving.
• Alternative Dispute Resolution: Utilizing mediation and arbitration when appropriate to resolve cases efficiently while maintaining strong negotiating positions.

Legal Strategy and Case Management

• Statute of Limitations Protection: Ensuring all legal deadlines are met while allowing sufficient time for thorough case development and medical treatment completion before settlement.
• Comparative Negligence Defense: Protecting clients from unfair fault allocation by building strong evidence that places primary responsibility on the distracted driver.
• Multiple Defendant Analysis: Identifying all potentially liable parties, such as employers of commercial drivers or vehicle manufacturers, to maximize available compensation sources.
• Insurance Coverage Maximization: Pursuing all available insurance benefits, including Personal Injury Protection, uninsured motorist coverage, and medical payments coverage to supplement primary claims.

The difference between handling a distracted driving case alone and working with an experienced car accident lawyer can be substantial in terms of final compensation. At Heintz Law, our personal injury lawyer team's comprehensive approach to distracted driving cases has consistently delivered superior results for our Bradenton clients, ensuring they receive every dollar they deserve for their injuries and losses.

Common Injuries Associated with Distracted Driving Accidents

Distracted driving accidents often result in severe injuries due to the high-speed impacts that occur when drivers fail to brake or take evasive action. Understanding these common injury types helps victims recognize the full extent of their damages and the need for experienced legal representation.

Head and Brain Injuries

• Traumatic Brain Injuries: Severe impacts can cause concussions, brain swelling, and permanent cognitive impairment that affects memory, concentration, and decision-making abilities for years after the accident.
• Skull Fractures: High-force collisions may result in cracked or broken skull bones, often requiring surgical intervention and leading to complications such as brain bleeding or infection.
• Facial Injuries: Broken facial bones, dental damage, and lacerations from airbag deployment or broken glass can cause permanent disfigurement and require reconstructive surgery.
• Eye Injuries: Flying debris, airbag chemicals, or direct impact can cause vision loss, corneal damage, or complete blindness requiring ongoing medical treatment.

Spinal Cord and Back Injuries

• Spinal Cord Damage: Severe accidents can cause partial or complete paralysis, fundamentally altering a victim's quality of life and requiring extensive long-term care and rehabilitation.
• Herniated Discs: The sudden jolting motion in distracted driving collisions frequently causes spinal discs to rupture, leading to chronic pain and potential need for surgical repair.
• Compression Fractures: Vertebrae may collapse or crack under the extreme forces of impact, causing instability in the spine and requiring surgical fusion procedures.
• Lower Back Injuries: Lumbar region damage can result in chronic pain, reduced mobility, and inability to perform work-related or daily activities.

Neck and Soft Tissue Injuries

• Whiplash: The rapid back-and-forth motion of the head and neck during rear-end collisions causes muscle strain, ligament damage, and chronic pain that may persist for months or years.
• Cervical Spine Injuries: Damage to the upper spine can cause nerve compression, leading to pain, numbness, and weakness in the arms and hands.
• Muscle Strains and Sprains: Sudden impact forces can overstretch or tear muscles and ligaments throughout the body, causing pain and limiting range of motion.
• Torn Rotator Cuffs: Shoulder injuries are common when drivers brace against steering wheels or when passengers are thrown against vehicle interiors during impact.

Broken Bones and Fractures

• Limb Fractures: Arms, legs, wrists, and ankles frequently break during distracted driving accidents, especially when vehicles roll over or experience side-impact collisions.
• Rib Fractures: Chest impacts from seatbelts, steering wheels, or side panels can break multiple ribs, potentially puncturing lungs or other internal organs.
• Pelvic Fractures: High-energy crashes can shatter pelvic bones, requiring extensive surgical repair and lengthy rehabilitation periods that significantly impact mobility.
• Compound Fractures: Severe breaks where bones penetrate the skin carry high risks of infection and may require multiple surgeries to repair properly.

Internal and Organ Injuries

• Internal Bleeding: Blunt force trauma can cause life-threatening bleeding in the abdomen, chest, or brain that may not be immediately apparent after the accident.
• Organ Damage: Impact forces can bruise, lacerate, or rupture internal organs such as the liver, spleen, kidneys, or lungs, requiring emergency surgical intervention.
• Chest Injuries: Broken ribs, collapsed lungs, and heart contusions can result from steering wheel impacts or seatbelt compression during severe collisions.
• Abdominal Trauma: Seatbelt injuries and dashboard impacts can cause internal organ damage that develops complications days or weeks after the initial accident.

Psychological and Emotional Injuries

• Post-Traumatic Stress Disorder: Many accident victims develop PTSD, experiencing flashbacks, nightmares, and severe anxiety that interferes with their ability to drive or function normally.
• Depression and Anxiety: The trauma of a serious accident combined with physical limitations can lead to mental health conditions requiring professional treatment and counseling.
• Driving Phobias: Victims may develop intense fears of driving or being a passenger, significantly impacting their independence and quality of life.
• Sleep Disorders: Accident trauma frequently causes insomnia, night terrors, and other sleep disturbances that affect physical healing and emotional recovery.

If you've suffered any of these injuries in a distracted driving accident, it's crucial to seek immediate medical attention and consult with a qualified car accident lawyer. At Heintz Law, our distracted driving accident lawyer team understands the long-term impact these injuries can have on your life and works tirelessly to secure compensation that covers all your medical expenses, lost wages, and pain and suffering. Our personal injury lawyer team has extensive experience handling complex injury cases and will fight to ensure you receive the full compensation you deserve for your recovery.

Who May Be Liable for Your Distracted Driving Accident Injuries

Determining liability in distracted driving accidents often involves multiple parties beyond just the distracted driver themselves. A skilled distracted driving accident lawyer will investigate all potential sources of liability to maximize your compensation recovery.

Primary Liable Parties

• The Distracted Driver: The individual who was texting, talking on the phone, eating, or engaging in other distracting activities while driving bears primary responsibility for the accident and resulting injuries.
• Vehicle Owner: If the distracted driver was operating someone else's vehicle with permission, the vehicle owner may share liability under Florida's dangerous instrumentality doctrine.
• Parents of Minor Drivers: When underage drivers cause distracted driving accidents, their parents or guardians can be held liable for damages up to certain statutory limits under family purpose doctrine.
• Employers: Companies whose employees cause distracted driving accidents while working, driving company vehicles, or conducting business activities may be liable under respondeat superior principles.

Corporate and Business Liability

• Trucking Companies: Commercial trucking firms can be held liable when their drivers cause distracted driving accidents, especially if they failed to properly train drivers or enforce distracted driving policies.
• Rideshare Companies: Uber, Lyft, and other rideshare services may bear responsibility when their drivers cause accidents while distracted by app notifications or passenger interactions during active rides.
• Delivery Services: Food delivery companies, package delivery services, and other businesses that require drivers to use mobile apps while driving may share liability for resulting accidents.
• Fleet Vehicle Operators: Companies that maintain fleets of vehicles for employee use can be liable if they fail to implement proper distracted driving policies or provide adequate training.

Technology and Manufacturing Liability

• Cell Phone Manufacturers: In rare cases, phone manufacturers may bear partial liability if defective devices malfunction and cause drivers to become dangerously distracted while attempting to use them.
• Vehicle Manufacturers: Auto manufacturers may be liable if poorly designed infotainment systems, navigation interfaces, or other in-vehicle technologies contribute to driver distraction and accidents.
• Software Developers: Companies that create mobile apps designed for use while driving may face liability if their interfaces are unnecessarily distracting or encourage unsafe driving behaviors.
• Hands-Free Device Makers: Manufacturers of Bluetooth devices, voice-activated systems, or other hands-free technologies may be liable if their products fail to function properly or create unexpected distractions.

Government and Infrastructure Liability

• Municipalities: Local governments may bear partial responsibility if poorly designed roadways, inadequate signage, or malfunctioning traffic control devices contribute to distracted driving accidents.
• Construction Companies: Road construction firms can be liable if improper work zone setup, inadequate warning signs, or confusing traffic patterns contribute to distracted driving incidents.
• Traffic Signal Contractors: Companies responsible for maintaining traffic lights and electronic road signs may face liability if equipment malfunctions cause driver confusion and distraction.

Insurance Coverage Sources

• Liability Insurance: The at-fault driver's liability coverage provides primary compensation for medical expenses, lost wages, and other damages resulting from distracted driving accidents.
• Commercial Auto Policies: Businesses and employers typically carry higher liability limits that provide additional compensation sources when employees cause distracted driving accidents.
• Umbrella Policies: Additional liability coverage above standard auto insurance limits may be available from defendants who carry umbrella or excess insurance policies.
• Uninsured/Underinsured Motorist Coverage: Your own insurance policy may provide compensation if the distracted driver lacks sufficient coverage or is completely uninsured.

Special Liability Situations

• Vicarious Liability: Individuals or businesses may be liable for distracted driving accidents caused by others when special relationships exist, such as employer-employee or parent-child relationships.
• Negligent Entrustment: Vehicle owners who lend cars to individuals they know are prone to distracted driving may face liability for accidents caused by those drivers.
• Dram Shop Liability: Bars, restaurants, or other establishments that serve alcohol may bear partial responsibility if intoxicated patrons cause distracted driving accidents after leaving their premises.
• Social Host Liability: Private individuals who host parties where guests become intoxicated may face liability if those guests subsequently cause distracted driving accidents.

Identifying all potentially liable parties requires thorough investigation and legal analysis that goes far beyond the obvious at-fault driver. At Heintz Law, our car accident lawyer team conducts comprehensive liability investigations to ensure no potential source of compensation is overlooked. Our personal injury lawyer team has the experience and resources necessary to pursue all applicable parties and insurance coverage sources, maximizing the financial recovery available to distracted driving accident victims throughout the Bradenton area.

What to Do After Being Injured in a Distracted Driving Accident

Taking the right steps immediately after a distracted driving accident can significantly impact your ability to recover full compensation for your injuries. Following these crucial actions will help protect your legal rights and strengthen your potential case.

Immediate Safety and Medical Actions

• Call 911 Emergency Services: Contact police and paramedics immediately, even if injuries seem minor, as some symptoms from distracted driving accidents may not appear until hours or days later.
• Move to Safety: If possible, move vehicles out of traffic lanes and turn on hazard lights to prevent additional accidents, but avoid moving if you suspect serious injuries.
• Seek Medical Attention: Accept ambulance transportation to the hospital if offered, as immediate medical documentation creates important records linking your injuries to the distracted driving accident.
• Follow Medical Recommendations: Attend all prescribed medical appointments, treatments, and therapy sessions, as gaps in treatment can be used against you by insurance companies.

Evidence Collection at the Scene

• Document the Accident Scene: Take photographs of vehicle damage, road conditions, traffic signals, skid marks, and any visible injuries from multiple angles using your phone camera.
• Identify Witnesses: Collect contact information from anyone who saw the accident occur, as witness testimony can be crucial in proving the other driver was distracted.
• Observe Driver Behavior: Note if the other driver appears to be using a phone, seems confused about what happened, or admits to being distracted during conversations at the scene.
• Request Police Report: Ensure law enforcement creates an official accident report and obtain the report number and responding officer's information for future reference.
• Avoid Admitting Fault: Limit your statements to basic facts about what happened and avoid apologizing or speculating about who caused the distracted driving accident.

Information Exchange and Documentation

• Exchange Driver Information: Collect the other driver's name, phone number, driver's license number, insurance company, policy number, and vehicle registration details.
• Record Vehicle Details: Document the make, model, year, color, and license plate number of all vehicles involved in the distracted driving accident.
• Note Environmental Conditions: Record weather conditions, time of day, traffic patterns, and any road construction or unusual circumstances that may have contributed to the accident.
• Identify Insurance Coverage: Contact your own insurance company to report the accident and determine what coverage benefits may be available under your policy.

Protecting Your Legal Interests

• Contact a Distracted Driving Accident Lawyer: Reach out to qualified legal representation as soon as possible to ensure crucial evidence is preserved and your rights are protected throughout the process.
• Preserve Evidence: Save damaged clothing, keep all medical records, and avoid repairing your vehicle until it has been photographed and inspected by professionals.
• Document Daily Impact: Keep a journal recording how your injuries affect your daily activities, work performance, and quality of life to support pain and suffering claims.
• Save All Receipts: Maintain records of all expenses related to the accident, including medical bills, prescription costs, transportation expenses, and lost wages from missed work.

Insurance Communication Guidelines

• Limit Insurance Discussions: Provide only basic factual information to insurance adjusters and avoid detailed recorded statements without consulting with a car accident lawyer first.
• Don't Accept Quick Settlements: Initial settlement offers from insurance companies are typically far below the true value of your claim and should not be accepted without legal review.
• Report Claim Promptly: Notify your insurance company about the accident within required time limits, but be cautious about providing extensive details without legal guidance.
• Keep Communication Records: Save all correspondence, emails, and notes from conversations with insurance companies, adjusters, and other parties involved in your claim.

Long-Term Recovery Planning

• Follow Treatment Plans: Attend all medical appointments, physical therapy sessions, and follow prescribed treatment regimens to maximize your recovery and support your legal claim.
• Return to Work Gradually: Work with your healthcare providers and employer to determine appropriate work restrictions and return-to-work timelines based on your injury recovery.
• Monitor Ongoing Symptoms: Report any new or worsening symptoms to your healthcare providers promptly, as some injuries from distracted driving accidents develop complications over time.
• Maintain Medical Records: Keep organized files of all medical documentation, bills, and correspondence related to your accident injuries for easy access during legal proceedings.

What to Avoid After Your Accident

• Social Media Posts: Avoid posting about your accident, injuries, or activities on social media platforms, as insurance companies may use this information to dispute your claims.
• Ignoring Medical Advice: Don't skip medical appointments or stop treatment early, as this can harm both your recovery and your ability to recover full compensation.
• Discussing the Case: Avoid talking about your accident details with anyone except your medical providers, attorney, and immediate family members to protect privileged information.
• Signing Documents: Never sign any documents from insurance companies or other parties without first having them reviewed by your personal injury lawyer.

Following these steps after a distracted driving accident helps ensure that you receive appropriate medical care while preserving your legal rights to fair compensation. At Heintz Law, our distracted driving accident lawyer team is available to guide you through this complex process and handle all legal aspects of your case while you focus on recovery. Contact our experienced car accident lawyer team immediately after your accident to protect your interests and maximize your potential compensation.

Why Choose Heintz Law

When you need a distracted driving accident lawyer in Bradenton, selecting the right legal representation can make the difference between a minimal settlement and full compensation for your injuries. Heintz Law combines extensive experience, personalized attention, and proven results to deliver the best possible outcomes for our clients.

Our Advantages

• Comprehensive Case Investigation: Our distracted driving accident lawyer team conducts thorough investigations using advanced techniques to gather cell phone records, accident reconstruction analysis, and witness testimony that builds compelling cases against negligent drivers.
• Proven Track Record: Our distracted driving lawyers have successfully recovered substantial compensation for distracted driving accident victims throughout the Bradenton area, consistently securing settlements and verdicts that exceed our clients' expectations and cover all their damages.
• Personalized Client Service: Unlike large firms that treat clients as case numbers, our personal injury lawyer team provides direct access to experienced attorneys who personally handle your case from initial consultation through final resolution.
• No Fee Unless We Win: Our distracted driving lawyers operate on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for your distracted driving accident case, ensuring quality legal representation is accessible regardless of your financial situation.

When you choose Heintz Law as your car accident lawyer, you're selecting a firm that combines legal knowledge with genuine care for our clients' wellbeing and recovery. Our commitment to excellence and client satisfaction has made us a trusted choice for personal injury representation in Bradenton and the surrounding communities.

Contact Our Distracted Driving Accident Lawyer Today

Don't let a distracted driver's negligence leave you facing overwhelming medical bills and financial hardship. At Heintz Law in Bradenton, our experienced distracted driving accident lawyer team is ready to fight for the full compensation you deserve. We offer free consultations and work on a contingency fee basis, so you pay nothing unless we win your case. Contact us today to discuss your case and learn how we can help you move forward with your recovery. 

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Distracted Driving Accident Lawyer FAQs

How long do I have to file a distracted driving accident lawsuit in Florida? Florida's statute of limitations for personal injury cases gives you four years from the date of the accident to file a lawsuit. However, it's crucial to contact a distracted driving accident lawyer immediately, as evidence can be lost and witness memories fade over time.

Can I still recover compensation if I was partially at fault for the accident? Yes, Florida follows a comparative negligence system, meaning you can still recover damages even if you bear some responsibility for the accident. Your compensation will be reduced by your percentage of fault, so if you're found 20% at fault, you can still recover 80% of your total damages.

What if the distracted driver doesn't have insurance or enough coverage? Your own uninsured/underinsured motorist coverage can provide compensation when the at-fault driver lacks adequate insurance. A car accident lawyer can also investigate other potential sources of compensation, such as employer liability or additional insurance policies.

How much does it cost to hire a distracted driving accident lawyer? Heintz Law works on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for your case. All case expenses are typically advanced by our firm and only repaid if we win your case.

What types of evidence are most important in distracted driving cases? Cell phone records showing calls, texts, or app usage at the time of impact are crucial evidence. Witness testimony, traffic camera footage, vehicle black box data, and police reports also play important roles in proving distracted driving behavior.

How long does a distracted driving accident case typically take to resolve? Case timelines vary depending on injury severity, available evidence, and insurance company cooperation. Simple cases may settle within months, while complex cases involving serious injuries or disputed liability may take one to two years to reach resolution.

Can I pursue compensation if the distracted driver was using a hands-free device? Yes, even hands-free phone use can constitute distracted driving if it contributed to the accident. Cognitive distraction from phone conversations can impair driving ability, and a personal injury lawyer can investigate whether the driver's attention was diverted from safe operation of their vehicle.

What happens if the distracted driver was a commercial truck driver? Commercial truck accidents often involve higher insurance coverage limits and additional liable parties such as trucking companies. Federal regulations prohibit commercial drivers from texting while driving, and violations can result in significant penalties and stronger liability cases.

Should I accept the insurance company's first settlement offer? Initial settlement offers are typically far below the true value of your claim and should not be accepted without legal consultation. Insurance companies often make quick, low offers hoping to resolve cases before victims understand the full extent of their damages.

What if I don't remember exactly what happened during the accident? Memory loss or confusion after an accident is common due to trauma and adrenaline. A distracted driving accident lawyer can reconstruct the accident using physical evidence, witness statements, and technical analysis to establish what occurred and prove liability.

Can family members recover damages in distracted driving wrongful death cases? Surviving family members can pursue wrongful death claims for funeral expenses, loss of financial support, loss of companionship, and other damages when distracted driving accidents result in fatalities. Florida's wrongful death statute provides specific guidelines for who can recover compensation.

What role does Florida's texting while driving law play in my case? Violation of Florida's texting and driving statute can establish negligence per se, meaning the driver's illegal conduct automatically constitutes negligence. However, proving the violation occurred requires thorough investigation and evidence collection by experienced legal counsel.