Distracted driving has become an epidemic on South Florida roads. Between the bustling traffic of I-95, the scenic distractions of Ocean Drive, and the high-speed transit of the Palmetto Expressway, Miami drivers are constantly bombarded with distractions. If you or a loved one has been injured by a distracted driver, you need a Miami distracted driving accident lawyer.
A crash occurs every 44 seconds in Florida, with one in seven crashes involving a distracted driver. In 2022, the state reported 268 deaths caused by distracted driving.
Distracted driving is more than just a bad habit; it is a violation of a driver’s duty. Whether it is visual (taking your eyes off the road), manual (taking your hands off the wheel), or cognitive (taking your mind off driving), any form of distraction can lead to catastrophic motor vehicle accidents.
As a former Miami-Dade detective, attorney Alexander Alvarez brings a unique perspective to a distracted driving case. The firm doesn’t just look at the surface-level police report, but digs deeper to review cell phone records, digital forensic data, and witness statements to prove that the driver who hit you was not focused on the road.
Florida’s ban on texting while driving law makes it clear that texting while operating a motor vehicle is a primary offense. But distractions can go beyond texting. They can include:
Proving that a driver was distracted requires a sophisticated legal strategy. The team at the Law Office of Alexander Alvarez, PA, may work with expert reconstructionists and forensic specialists to demonstrate the timeline of the crash. If a driver was scrolling through a feed or sending a message at or before the moment of impact, the team can bring that evidence to light.
A distracted driving accident can result in traumatic brain injuries (TBI), spinal cord damage, broken bones, and chronic pain. The financial burden of medical bills, lost wages, and future rehabilitation can be overwhelming for people and their families who are already dealing with physical and emotional trauma.
The law firm is dedicated to recovering compensation for:
Insurance companies are notorious for attempting to devalue claims by downplaying the severity of minor distractions. They may argue that your injuries were pre-existing or that the distraction didn’t directly cause the impact. This is where the investigative prowess of a distracted driving lawyer such as Alexander Alvarez can become an essential asset.
The Law Office of Alexander Alvarez, PA, is a Miami-based firm founded by attorney Alexander Alvarez, whose lifelong passion for the law and genuine care for his community drive the firm’s approach to every case. The firm handles personal injury claims, motor vehicle accidents, insurance defense, business litigation, and more with a deep commitment to client advocacy.
Every client who walks through the door is treated with personalized attention by attorneys and staff alike, with the firm’s guiding principle being simple: their greatest achievements are the lives they positively impact.
Distracted driving is any activity that diverts a driver’s attention through visual, manual, or cognitive interference. Under Florida law, the primary offense is texting or manually using a handheld device while driving, but it also includes eating, applying makeup, adjusting the radio, interacting with passengers, or using in-car navigation systems.
Immediately after a distracted driving accident in Miami, Florida, if you are able, you should prioritize your safety by moving to a secure area and checking for injuries. Call 911 to report the crash and to receive a police report that will be a pivotal piece for insurance claims. It is also recommended that you take photos of vehicle damage and the accident scene and hire a distracted driving accident lawyer.
You can still recover compensation in Florida due to the state’s modified comparative negligence system. As long as you are not more than 50% responsible for the distracted driving accident, you can pursue damages. It is important to keep in mind that your total payout will be reduced by your percentage of fault. For example, if you are found 20% liable, you could receive 80% of the settlement.
You can recover both economic and non-economic damages following a distracted driving accident in Florida. Initially, your personal injury protection insurance covers 80% of medical bills and 60% of lost wages, but it is capped at $10,000. If your injuries are more serious and involve permanent damage or significant scarring, you may bring a claim against the at-fault driver for medical expenses, lost earning capacity, property damage, and pain and suffering.
A lawyer can prove negligence by building a digital and physical timeline for the crash. Key evidence may or may not include subpoenaed cell phone records to verify time-stamped texts or app usage, GPS data, and onboard vehicle telematics that may reveal a lack of braking before impact. A lawyer can also secure surveillance or dash-cam footage and eyewitness testimony.
You do not have to face the insurance companies alone. The Law Office of Alexander Alvarez, PA, is a Hispanic-owned firm deeply rooted in the Miami community. We are fluent in Spanish and English and are ready to stand firm so your rights remain protected.
If you’ve been sidelined by a distracted driver, contact our office today to schedule a consultation with a Miami distracted driving accident lawyer.
★★★★★
“Mr. Alvarez not only is a great professional, but it also has excellent skills as a mediator, which to my knowledge, sometimes is better than an expensive litigation. He’s also a sensitive individual.” – Ed Gugliotta
★★★★★
“Alex has represented us like no other could. In frivolous cases and in serious accusations, he trusted his instincts and fought for justice and moral. Alex listens and just understands. He is fearless in trial and decorated with a multitude of prior experience that happens to come along with a winnin” – Miami Custom Pools and Spas
Contact our firm in Miami online or by telephone at 866-270-0589 and arrange a free initial consultation. Personal injury cases are handled on a contingency fee basis, so there is no financial obligation to simply speaking with our firm and learning about your options.
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