At Distasio Law Firm, our Brandon distracted driving accident lawyers represent people who have been harmed by drivers who were not paying attention to the road.
Our firm brings over 35 years of personal injury experience to these cases. If we take your case, we prepare it to stand up to insurance companies and, if necessary, in court.
If you want to understand your options after a crash, we are available to talk through your situation and outline the next steps. Contact us to schedule a free consultation with one of our Brandon car accident lawyers.
Common Types of Driver Distraction in Brandon
Texting is often the most common cause of distracted driving. However, we also routinely see crashes caused by drivers using navigation apps, scrolling social media, checking delivery instructions, and changing music.
We also see non-phone distractions that can be just as dangerous. A driver who is eating, reaching for an object on the floorboard, turning around to deal with a child, or trying to manage loose cargo may still be legally at fault for a distraction-related wreck.
Our Brandon personal injury lawyers evaluate all potential sources of distraction to build a clear and fact-based theory of fault.
For a free legal consultation with a Distracted Driving Accident Lawyer serving Brandon, call (813) 259 0022
How Our Brandon Distracted Driving Accident Lawyers Build Your Case
At Distasio Law Firm, we take a hands-on approach to every case we accept. That is part of what we call the Distasio Personal Touch.
We begin with a detailed evaluation of your case, followed by a strategy focused on evidence preservation and liability development. From there, we build your damages claim using medical records, expert opinions, and financial documentation.
We handle negotiations, mediation, and, when necessary, trial preparation. Throughout the process, you will have direct access to your attorney and clear communication about where your case stands.
Brandon Distracted Driving Accident Lawyer Near Me (813) 259 0022
Florida Laws for Distracted Driving
Florida law treats texting while driving as a primary offense. That means law enforcement can stop a driver for reading or typing messages behind the wheel. Handheld phone use is also restricted in designated areas such as school and work zones.
Florida also follows a modified comparative fault system, which means your recovery may be reduced by your percentage of fault. If you are found more than 50% responsible, you cannot recover damages.
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Proving Distraction in an Accident Claim
In many cases, the at-fault driver denies being distracted. That is why we focus on securing objective evidence early, before it is lost or altered.
Our approach may include gathering:
- Cell phone activity records near the time of the crash.
- Surveillance footage from nearby businesses.
- Traffic camera recordings.
- Vehicle event data recorder information.
- Witness statements describing driver behavior.
- Admissions made at the scene.
- Police reports and citation records.
Why Timing is Important in These Cases
A distracted driving case is often stronger when our office gets involved before the claim is framed by the insurer. Early preservation letters and targeted record requests can make a real difference in what evidence remains available later.
That matters even more in a case involving a commercial vehicle, company-owned car, rideshare driver, or delivery driver. Once a business is involved, there may be another layer of records, policies, dispatch information, or onboard data that needs to be identified and preserved correctly.
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Steps to Take After a Distracted Driving Accident
The steps you take after a crash can affect both your health and your legal claim.
- Seek medical care immediately and within 14 days to protect your PIP eligibility. Follow all treatment recommendations and keep detailed records of your care.
- Report the accident to law enforcement and your insurer. Avoid giving detailed recorded statements to the at-fault driver’s insurance company.
- If it is safe, take photographs of the vehicles, the scene, and anything that may indicate distraction, including the interior of the other driver’s vehicle.
- Preserve your own phone data and keep all communications related to the crash.
- Contact a lawyer early so evidence can be preserved and your claim can be properly developed.
Compensation Available in a Brandon Distracted Driving Case
If you were injured by a distracted driver, you may be entitled to compensation for both economic and non-economic losses.
Recoverable damages may include:
- Medical expenses and future treatment costs.
- Lost wages and reduced earning capacity.
- Property damage and related expenses.
- Pain and suffering, mental anguish, and loss of enjoyment of life.
In wrongful death cases, surviving family members may pursue compensation for funeral expenses, final medical bills, and loss of support and companionship under Florida law.
PIP coverage may address some initial medical costs, but serious injury cases often require pursuing a liability claim or lawsuit to recover full damages.
How Insurance Companies Approach These Claims
Insurance companies often try to minimize distracted driving claims by arguing there is no clear proof of distraction or by shifting partial blame onto you.
They may request broad medical authorizations, push for recorded statements, or offer early settlements that do not reflect the full extent of your injuries.
We counter these tactics by presenting a structured, evidence-based claim supported by medical documentation, wage records, and expert analysis when necessary. If the insurer refuses to act reasonably, we are prepared to move the case into litigation.
Deadlines for Filing a Distracted Driving Lawsuit in Florida
Most personal injury lawsuits in Florida must be filed within two years of the accident. Wrongful death claims generally follow the same two-year deadline.
Failing to meet these deadlines can prevent you from recovering compensation entirely. Acting early also helps preserve evidence and ensures compliance with Florida’s PIP requirements, including the 14-day treatment window.
Cases involving government entities or public vehicles may have additional notice requirements and shorter timelines. These situations require prompt legal evaluation.
Speak With a Brandon Distracted Driving Accident Attorney Today
At Distasio Law Firm, our team prepares every case with attention to detail and a clear strategy. When you hire our firm, you will have direct access to your attorney and a team that responds when you need guidance.
We handle these cases on a contingency fee basis, which means you do not pay attorney’s fees unless we recover compensation for you. We are also available to meet with you at a time that works for your schedule.
Contact us today to schedule your free consultation with one of our distracted driving accident lawyers in Brandon.
Call or text (813) 259 0022 or complete a Free Case Evaluation form