Texting and Driving Accident Lawyer
When a distracted driver's poor choices leave you injured and facing mounting medical bills, the Heintz Law Firm stands ready to help you pursue the compensation you deserve. As your texting and driving accident lawyer in Bradenton, we understand the devastating impact these preventable crashes have on victims and their families. Contact us today for a free, confidential consultation with our Bradenton legal team. We handle all cases on a contingency fee basis - you pay nothing unless we win.
How a Texting and Driving Accident Lawyer Can Maximize Your Compensation

At Heintz Law Firm, we understand that victims of texting and driving accidents face significant physical, emotional, and financial challenges. Our dedicated legal team employs proven strategies to help secure the maximum compensation you deserve. Here's how we can help:
- Immediate Case Evaluation: Our texting and driving accident lawyer conducts a comprehensive assessment of your case, identifying all potential sources of compensation and establishing a strategic plan for recovery.
- Evidence Collection and Preservation: We promptly gather and secure crucial evidence, including cell phone records, surveillance footage, witness statements, and accident scene documentation before it can be lost or destroyed.
- Medical Documentation Review: Our distracted driving accident attorney works closely with healthcare providers to fully document your injuries, ensuring all current and future medical expenses are properly calculated into your claim.
- Insurance Company Negotiations: We handle all communication with insurance companies, preventing them from using tactics that could devalue your claim while building a strong case for maximum compensation.
- Digital Evidence Analysis: Our team employs advanced techniques to prove the at-fault driver was texting, including subpoenaing phone records and analyzing time-stamped data from the accident scene.
- Liability Investigation: Our personal injury lawyers in Bradenton thoroughly investigate all potentially liable parties, including the texting driver, their employer if applicable, and any other entities that may share responsibility for your injuries.
- Damage Assessment: Our texting and driving accident lawyer carefully calculates all forms of damages, including medical costs, lost wages, pain and suffering, and long-term care needs to ensure nothing is overlooked.
- Expert Witness Coordination: Our car accident lawyer will collaborate with medical professionals, accident reconstructionists, and economic experts to strengthen your case and validate your compensation demands.
- Settlement Evaluation: Our distracted driving accident attorney skillfully analyzes settlement offers, ensuring they adequately cover both current and future needs related to your injuries.
- Trial Preparation: While most cases settle out of court, we meticulously prepare every case for trial, demonstrating to insurance companies our readiness to fight for maximum compensation.
- Timeline Management: We ensure all legal deadlines are met and documentation is filed properly, protecting your right to pursue full compensation under Florida law.
- Client Advocacy: Throughout your case, we serve as your dedicated advocate, fighting to protect your rights and interests while you focus on recovery.
Don't let a distracted driver's negligence compromise your future. Contact Heintz Law Firm today to schedule a free consultation with our texting and driving accident lawyer. We work on a contingency fee basis, meaning you pay nothing unless we secure compensation for your case.
Financial Compensation You May Be Entitled To After a Texting and Driving Accident
At Heintz Law Firm, our texting and driving accident lawyer team works diligently to secure every form of compensation available for our clients. When a distracted driver causes you harm, you may be entitled to various types of financial recovery. Here's what you should know about potential compensation:
- Current Medical Expenses: Your compensation can cover all immediate healthcare costs, including emergency room visits, surgeries, hospital stays, medications, and medical equipment needed for your recovery.
- Future Medical Care: Our distracted driving accident attorney helps calculate and pursue compensation for anticipated medical needs, including ongoing treatments, physical therapy, and potential future surgeries.
- Lost Income and Wages: You may receive compensation for all work time missed due to your injuries, including salary, bonuses, commissions, and other employment benefits you lost while recovering.
- Diminished Earning Capacity: If your injuries affect your ability to work in the future, your texting and driving accident lawyer can help secure compensation for reduced earning potential or inability to continue in your chosen career.
- Property Damage: We pursue full compensation for vehicle repairs or replacement, as well as any personal property damaged in the accident.
- Pain and Suffering: Your settlement may include compensation for physical pain, emotional distress, and the overall impact of your injuries on your quality of life.
- Mental Health Treatment: Recovery can include costs for psychological counseling, therapy, and treatment for accident-related anxiety, depression, or PTSD.
- Rehabilitation Costs: Your compensation may cover various forms of rehabilitation, including physical therapy, occupational therapy, and vocational rehabilitation services.
- Home Modifications: If your injuries require changes to your living space, we seek compensation for necessary home modifications like wheelchair ramps, bathroom renovations, or other accessibility improvements.
- Family Impact Damages: Our distracted driving accident attorney can help recover compensation for loss of consortium, companionship, and the impact on your family relationships.
- Transportation Expenses: You may receive compensation for medical transportation costs and alternative transportation needs while unable to drive.
- Household Services: If your injuries prevent you from performing household duties, compensation can cover the cost of hiring help for cleaning, maintenance, and other necessary services.
- Punitive Damages: In cases of extreme negligence, your texting and driving accident lawyer may pursue additional punitive damages to hold the responsible party accountable.
Common Injuries Associated with Texting and Driving Accidents
At Heintz Law Firm, our texting and driving accident lawyer team has helped numerous victims recover from devastating injuries caused by distracted drivers. The sudden, violent nature of these crashes often results in severe trauma requiring extensive medical treatment. Understanding these injuries helps demonstrate why proper legal representation is crucial for securing adequate compensation for your recovery.
- Traumatic Brain Injuries: The forceful impact in texting and driving accidents can cause severe head trauma, leading to memory problems, cognitive difficulties, personality changes, and long-term disability requiring ongoing care.
- Spinal Cord Damage: Our distracted driving accident attorney frequently handles cases involving spinal injuries, which can result in partial or complete paralysis, chronic pain, and permanent mobility limitations.
- Whiplash and Neck Injuries: The sudden stopping motion in these accidents commonly causes severe neck strain, torn ligaments, and vertebrae damage that may require extensive physical therapy and rehabilitation.
- Multiple Fractures: Texting and driving accidents often result in complex bone fractures throughout the body, particularly in the arms, legs, ribs, and facial bones, sometimes requiring surgical intervention and extended recovery periods.
- Internal Organ Damage: The tremendous force of impact can cause serious internal injuries to vital organs, leading to internal bleeding, organ failure, and the need for emergency surgery.
- Soft Tissue Injuries: These accidents frequently cause severe sprains, strains, and tears to muscles, tendons, and ligaments that may require long-term physical therapy and rehabilitation.
- Psychological Trauma: Beyond physical injuries, many victims suffer from post-traumatic stress disorder (PTSD), anxiety, depression, and other emotional challenges that require professional mental health treatment.
- Joint Injuries: The impact often causes severe damage to knees, shoulders, hips, and other joints, potentially leading to chronic pain and reduced mobility requiring ongoing medical care.
- Facial Injuries: Impact with airbags, windshields, or other vehicle components can cause severe facial trauma, including dental injuries, facial fractures, and permanent scarring.
- Nerve Damage: Our texting and driving accident lawyer team sees many cases involving peripheral nerve damage that causes chronic pain, numbness, and reduced sensation or mobility in affected areas.
- Chest and Thoracic Injuries: The force of impact can cause serious chest trauma, including broken ribs, punctured lungs, and damage to the heart or other organs within the chest cavity.
- Burn Injuries: In severe crashes, victims may suffer burns from airbag deployment, vehicle fires, or contact with hot engine components, often requiring extensive reconstructive surgery.
The Impact of Texting and Driving in Florida

Overview of Distracted Driving in Florida
Distracted driving is a significant problem in Florida, with texting while driving being one of the most dangerous forms. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), distracted driving is defined as any activity that diverts attention from driving, including:
- Texting
- Talking on the phone
- Eating or drinking
- Adjusting in-car technologies
Key Statistics on Distracted Driving
- 2022:
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- 53,596 crashes involved distracted driving.
- 268 fatalities were attributed to these crashes.
- This averages about 1,116 crashes per week caused by distracted driving.
- 2023 (Preliminary Data):
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- Nearly 300 fatalities were linked to distracted driving.
- This marked an increase of 23 deaths from the previous year.
- 2021:
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- The deadliest year for distracted driving in recent history, with 333 fatalities recorded.
Texting While Driving Laws in Florida
Florida Statute 316.305 (Florida Ban on Texting While Driving Law):
- Texting while driving is a primary offense, meaning law enforcement can stop vehicles solely for this violation.
- First offense is punishable by a $30 fine plus court costs.
- Second offense within 5 years carries a $60 fine plus court costs and 3 points on the driver's license.
- Doubled fines apply when violations occur in school and work zones.
- The law prohibits typing or reading texts, emails, or messages while operating a moving vehicle.
Exceptions include:
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- Emergency vehicle operators performing official duties
- Reporting emergencies or criminal activities to law enforcement
- Receiving safety-related messages (traffic, weather alerts)
- Using navigation systems
- Operating an autonomous vehicle
- Using devices for hands-free voice communication
- Drivers may use their phones while stopped at red lights or in stationary traffic.
- Law enforcement can subpoena phone records if texting results in a crash with death or personal injury.
This law went into effect on July 1, 2019, with enforcement beginning January 1, 2020.
Take Action After Your Texting and Driving Accident
Don't let a distracted driver's negligence determine your future. At Heintz Law Firm, our texting and driving accident lawyer team is ready to protect your rights and fight for the compensation you deserve. Contact us today for a free, confidential consultation with our Bradenton legal team. We handle all cases on a contingency fee basis - you pay nothing unless we win.
Texting and Driving Accident Lawyer FAQs
How can you prove the other driver was texting at the time of the accident?
Our legal team uses multiple methods to establish texting occurred, including subpoenaing cell phone records, analyzing timestamps, reviewing surveillance footage, and gathering witness statements. We also work with digital forensics professionals to analyze device data and establish the exact timing of text messages in relation to the crash.
What if the driver claims they were just looking at their GPS?
While GPS use is legal in Florida, we can analyze cell phone records to determine exactly what applications were in use at the time of the accident. If the driver was switching between GPS and texting, this still constitutes distracted driving under Florida law.
How long do I have to file a claim after a texting and driving accident?
Florida's statute of limitations allows two years from the date of the accident to file a personal injury lawsuit. However, waiting can result in lost evidence and complications with insurance claims, so we recommend contacting our distracted driving accident attorney as soon as possible.
What if I was partially looking at my own phone when the accident occurred?
Florida follows comparative negligence laws, meaning you may still recover compensation even if partially at fault. Our texting and driving accident lawyer can help determine how shared fault might affect your case and work to maximize your recovery despite partial responsibility.
Will I have to testify in court about my accident?
Most texting and driving cases settle outside of court. However, if a fair settlement cannot be reached, we prepare every case as if it will go to trial. We thoroughly prepare clients for any necessary testimony and stand beside you throughout the entire process.
What if the texting driver was in a company vehicle?
If the at-fault driver was working at the time of the accident, their employer might share liability. Our team investigates possible company policies, supervision practices, and employment relationships to identify all potential sources of compensation.
Can I recover damages if my family member was killed by a texting driver?
Family members may pursue a wrongful death claim to recover compensation for loss of support, medical expenses before death, funeral costs, and emotional suffering. Our texting and driving accident lawyer can explain your rights under Florida's wrongful death statutes.
What if the other driver's insurance company wants to settle quickly?
Never accept an insurance settlement without legal review. Initial offers rarely account for long-term medical needs or full compensation. Our distracted driving accident attorney can evaluate any offers and negotiate for fair compensation that covers all your current and future needs.
How do you calculate future medical expenses in a texting and driving case?
We work with medical professionals, life care planners, and economic experts to project the full cost of your future medical needs, including treatments, therapies, medications, and potential complications. This thorough analysis ensures your settlement accounts for all future care requirements.
What makes texting and driving cases different from other accident claims?
Texting and driving cases often involve unique evidence like cell phone records, data usage logs, and digital forensics. Our team understands how to obtain and preserve this critical evidence while navigating the specific laws and regulations surrounding distracted driving in Florida.