At Distasio Law Firm, our Clearwater distracted driving accident lawyers bring over 35 years of personal injury law experience to serious motor vehicle injury cases throughout Florida.
Our firm is not a settlement mill. We prepare cases thoroughly, build them for leverage, and are prepared to litigate when insurers refuse to pay what a claim is worth. Attorney Scott Distasio is a Board Certified Civil Trial Lawyer, and our firm is known for providing direct attorney access and the hands-on representation we call the Distasio Personal Touch.
If you were injured by a distracted driver, contact us to schedule a free consultation to discuss your legal options with a Clearwater car accident lawyer.
How Our Clearwater Distracted Driving Accident Attorneys Build Your Claim
Distracted driving claims often require more investigation than standard collision cases because proving distraction is not always straightforward. We begin by identifying all available insurance coverage, including Personal Injury Protection (PIP), bodily injury liability coverage, uninsured/underinsured motorist coverage, and any umbrella or commercial policies.
From there, we investigate liability by gathering crash reports, witness statements, vehicle data, surveillance footage, and electronic records when necessary. Once liability and damages are documented, we prepare a formal demand and negotiate with the insurance company.
If a fair resolution is not offered, our Clearwater personal injury lawyers are prepared to file suit and litigate.
For a free legal consultation with a Distracted Driving Accident Lawyer serving Clearwater, call (813) 259 0022
What to Do After a Distracted Driving Crash
Your first priority should always be your health. Call 911 and accept medical evaluation at the scene if emergency responders recommend it. Even if injuries seem minor, prompt medical treatment helps identify internal injuries, concussions, or soft tissue damage that may worsen over time.
Under Florida’s no-fault insurance system, injured drivers generally must seek medical treatment within 14 days of the accident to preserve eligibility for Personal Injury Protection (PIP) benefits.
If you are physically able, try to preserve evidence before it disappears.
Follow the steps below after a distracted driving crash:
- Report the collision to law enforcement and request a crash report.
- Photograph the vehicles, roadway conditions, traffic controls, and visible injuries.
- Gather contact information from witnesses.
- Make note of anything suggesting distraction, such as phone use, navigation apps, food, or other in-vehicle activity.
- Preserve dashcam footage or identify nearby surveillance cameras.
- Avoid discussing fault or making speculative statements.
- Speak with a lawyer before giving a recorded statement to an insurance company.
Clearwater Distracted Driving Accident Lawyer Near Me (813) 259 0022
Proving Driver Distraction Under Florida Law in Clearwater
Florida law prohibits certain forms of distracted driving, including texting while driving under Florida Statute § 316.305. A traffic citation can help support an injury claim, but it is not required.
Civil injury claims are based on negligence. To recover compensation, an injured person must establish the following:
- The other driver owed a duty of reasonable care
- The driver breached that duty
- That breach caused the crash
- The crash caused measurable damages
Comparative Fault in Florida Distracted Driving Cases
Florida follows a modified comparative negligence system. For negligence claims, an injured person can recover damages only if they were 50% or less responsible for the accident. Any compensation awarded is reduced by their percentage of fault. If the injured party is found more than 50% responsible, recovery is barred.
Insurance companies often attempt to shift blame to reduce exposure. They may argue speeding, following too closely, distracted behavior by the injured driver, or failure to avoid the collision.
Part of our work is identifying and countering those arguments with evidence.
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Damages Available in Clearwater Distracted Driving Cases
Compensation depends on your injuries, treatment, and the impact on your daily life. Economic losses may include ambulance transport, ER care, surgery, rehabilitation, prescriptions, and future medical needs. Lost wages, reduced earning capacity, and vehicle damage may also be claimed.
Non‑economic damages compensate for pain, inconvenience, emotional distress, and loss of enjoyment of life. Families in wrongful death cases may recover funeral costs and other losses under Florida law.
Our Clearwater distracted driving accident attorneys document losses with medical records, expert opinions, and proof of how the crash has fully impacted your life.
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Deadlines for Florida Collisions
Florida law places strict deadlines on personal injury claims. For most negligence cases arising from accidents that occurred after March 24, 2023, the statute of limitations is two years under Florida Statutes § 95.11. Wrongful death claims are also generally subject to a two-year filing deadline.
Some claims involve shorter deadlines or special notice requirements, particularly when a government agency or public vehicle is involved. Missing a filing deadline can prevent you from recovering compensation, regardless of how strong the underlying claim may be.
Why Clients Choose Distasio Law Firm
At Distasio Law Firm, we focus on detailed case preparation, direct client communication, and trial readiness.
What makes our firm different:
- Board Certified Civil Trial Lawyer.
- Direct attorney access throughout your case.
- Free consultations any day of the week.
- We travel for consultations when needed.
- We work on contingency.
Most importantly, we are not a high-volume settlement practice. We take the time to understand each client’s case, gather the right evidence, and build claims thoroughly.
That approach reflects the Distasio Personal Touch. You get hands-on representation, responsive communication, and serious preparation from beginning to end.
Contact a Clearwater Distracted Driving Accident Lawyer
At Distasio Law Firm, we take a hands-on approach to injury cases. That means reviewing the crash carefully, identifying available insurance coverage, preserving evidence, and giving you direct access to your attorney when questions come up.
We do not move cases through a settlement pipeline. We prepare them carefully and push them forward with the goal of recovering what the case is truly worth.
If you were injured in a distracted driving crash, contact us for a free consultation. Our Clearwater texting and driving accident lawyers can answer your questions and explain the next steps.
Call or text (813) 259 0022 or complete a Free Case Evaluation form