You’re driving home on a quiet evening along Miracle Mile when the car behind you slams into your bumper. The driver was scrolling through their phone, and in an instant, your life changes. Our car accident injury lawyers hear stories like this all the time.
Distracted driving isn’t just careless. It’s deadly. These crashes happen every day across Miami, and the victims are left dealing with injuries, bills, and pain.
If someone else’s negligence caused your crash, Florida law says you deserve compensation. At Aigen Injury Lawyers, we handle the insurance companies, the paperwork, and the legal battle while you focus on recovery. Contact us today for a free consultation.
What Is Distracted Driving?
Distracted driving happens when a driver’s attention strays away from the road, and it usually happens in three forms:
- Visual (taking your eyes off the road)
- Manual (taking your hands off the steering wheel)
- Cognitive (taking your mind off driving)
This looks like:
- Texting or using phones: Glancing at messages, scrolling through social media, making a call, or trying to type while driving
- GPS or navigation distractions: Entering addresses or adjusting the route while driving, looking at the screen instead of the road, or relying too heavily on voice directions without checking surroundings
- Eating, drinking, or handling items: Reaching for food or drinks, opening packages, or reaching for items in the passenger seat
- Passenger or environmental distractions: Talking to passengers, attending to children or pets, playing loud music, reacting to roadside events, or looking at other distractions outside the vehicle
In a busy city like Miami, the risk of distracted driving is high due to:
- Complex and dangerous intersections like NW 57th Avenue and NW 7th Street.
- Tourists unfamiliar with local roads and relying on phone navigation.
- Frequent traffic jams on I‑95, especially during peak hours.
- Various ongoing construction projects can pull drivers’ attention away.
Common Injuries From Distracted Driving Crashes
Distracted driving crashes can cause several injuries, many of which could be serious. For instance:
- Whiplash and Neck Injuries: Sudden jerking of the head from collisions can strain the neck’s muscles.
- Traumatic Brain Injuries (TBI): This includes concussions or more severe brain damage from impact.
- Spinal Cord Injuries: In severe collisions, the spinal cord may be damaged, resulting in paralysis or partial loss of function.
- Broken Bones and Fractures: Arms, legs, ribs, and any part of the body can be broken in a forceful crash.
- Cuts, Bruises, and Lacerations: These injuries are often caused from shattered glass, airbags, or vehicle impact.
- Internal Injuries: Internal organs can be damaged by blunt force trauma.
- Emotional Trauma and PTSD: Beyond physical injury, many crash survivors deal with anxiety, extreme stress, flashbacks, or depression after an accident.
In more severe cases, a distracted driving accident can lead to the loss of life. For example, in September 2025, a twenty-four-year-old lost her life when her car was struck at Northwest 20th Street and 12th Avenue. Sadly, her story is far too common.
Steps to Take After a Distracted Driving Accident
Acting quickly after a car accident can protect your health and your legal claims to compensation. If you’ve just been in a car accident, here’s what you should do:
- Call 911 immediately: Even if the crash seems minor, call the police. You need an official report that documents what happened. Don’t let the other driver talk you out of it by saying, “Let’s just handle this ourselves.” That’s how evidence disappears and liability gets murky. Get it on record.
- Seek medical attention: Head to the nearest hospital even if you feel “okay.” Injuries don’t always show up in the moment; adrenaline can mask pain, and some symptoms take hours or even days to surface. Here are some hospitals in Miami you can visit:
- Jackson Memorial Hospital is one of Miami’s largest public hospitals and provides 24/7 emergency care and trauma services.
- HCA Florida Mercy Hospital offers comprehensive emergency and inpatient care services. Ensure that you keep accurate records of every diagnosis, injury, and documentation, and follow all prescribed treatment plans.
- Document the scene: If possible, take photos of your injuries, the affected vehicles, their license plates, the vehicles’ positions, the surrounding area, and anything visible in the car of the driver at fault. Capture items like phones, navigation devices, and food containers that show that they were distracted. Also, get the names, photos, and phone numbers of any witnesses to the accident.
- Report the accident to the police: Florida law requires you to immediately call law enforcement if the crash involves injury, death, or property damage of at least $500. You can request an accident report form from the Miami Police Department’s website to file a report of the accident. However, if the damage appears minor (under $500) and no one is injured, you can self-report the crash through the Florida Department of Highway Safety and Motor Vehicles’ online portal. Either way, keep copies of all reports; you’ll need them for injury compensation claims.
- Talk to an injury lawyer in Miami: The sooner you connect with a lawyer, the better. Your lawyer can easily identify key evidence, navigate local legal procedures, and help ensure you get full compensation for your injuries.
Florida’s Distracted Driving Laws
Distracted driving is a major issue in a busy city like Miami. To make the roads safer, the state of Florida has implemented laws against distracted driving:
- According to Section 316.305 of Florida’s Statutes, you cannot use your phone or other handheld devices to type, send, or read messages while driving. This includes texting, emailing, instant messaging, or any other type of non-voice communication.
- Section 316.306 prohibits using a handheld phone or similar device while driving inside school zones and active work zones.
- Section 316.304 states that you cannot drive while wearing headphones, earphones, a headset, or any device that covers or blocks both ears. Hearing aids are allowed because they help your ability to hear traffic.
In other words, texting while driving is a primary offense. This means law enforcement officers can pull you over and even fine you for being distracted while driving. However, these laws don’t apply if:
- You’re an emergency responder doing your job.
- You’re reporting suspicious activity.
- You’re making a call to an emergency service.
- You’re using a hands-free device, like Bluetooth.
- You are receiving valuable information like how to operate or navigate your vehicle, weather alerts, traffic alerts, or radio broadcasts.
- Your car is stationary. i.e., parked or not moving.
What Legal Options Do You Have After a Distracted Driving Injury?
Being injured by a distracted driver can be physically, emotionally, and financially overwhelming. Here are some legal options you have after a crash:
- Filing a personal injury claim
Under Florida law, distracted driving counts as negligence. So, if you were in a crash caused by a distracted driver, you may have the right to file a personal injury claim. It may cover:- Medical bills for injuries sustained during the accident.
- Lost wages for severe injuries that prevent you from returning to work.
- Pain and suffering, to compensate for the physical pain, emotional distress, and loss of enjoyment of life caused by the accident and resulting injuries.
- Property damage, for the repair or replacement of your vehicle and personal belongings affected.
However, note that the statute of limitations (legal time limit) for filing a personal injury claim in Miami is 2 years.
- Getting compensation through insurance
Florida is a no-fault insurance state. This means your insurance’s personal injury protection (PIP) covers your immediate medical costs. But if your injuries exceed PIP limits or were caused by distracted driving, you may file a claim against the insurance of the driver at fault.
Talk to a Distracted Driving Injury Lawyer Today
At Aigen Injury Lawyers, we don’t just file claims—we hold distracted drivers accountable. While you’re dealing with injuries and bills, we’re building your case, fighting the insurance companies, and making sure their negligence doesn’t go unpunished.
You’ve already been through enough. Let us handle the rest. Contact us today for a free consultation.