Miami Distracted Driving Lawyer

Distracted Driving At Gerson & Schwartz, P.A., we fight for individuals harmed by distracted drivers in Miami and throughout South Florida. Our Miami distracted driving lawyers have over five decades of experience serving clients who have been involved in accidents. We aim to be among the top choices for families seeking justice after a collision. Super Lawyers and Best Lawyers recognize our trial lawyers, who hold a perfect 10 ranking on Justia. Our work is backed by strong Google reviews from clients who have trusted us to handle their most serious injury claims. We bring the resources, courtroom experience, and client-first service you expect from a firm that has represented accident and injury victims for over 50 years. 

As a Miami car accident lawyer for victims of distracted driving, we understand how quickly a text, a GPS glance, or an app notification can turn a routine trip into a life-changing crash. We serve clients in Miami and the surrounding communities with prompt, attentive guidance from the first call through settlement or verdict. 

Miami Distracted Driving Accidents

The dangers of distraction are undeniable. Government and university research have long shown an exponential rise in phone-related crashes, and one NPR-reported comparison found that innocent drivers are twenty times more likely to be in a collision with a distracted driver than with a drunk driver, a sobering reminder that divided attention can be as deadly as impairment. 

Historical national data underscore the scale of the problem. In 2009, sixteen percent of all fatal crashes involved a distracted driver, and twenty percent of injury crashes involved distraction. This pattern has left far too many Miami families grappling with preventable losses. The National Highway Traffic Safety Administration has also reported that the average text takes a driver’s eyes off the road for 4.6 seconds, increasing the risk of a crash by twenty-three percent. At fifty-five miles per hour, a vehicle can travel the length of a football field—roughly one hundred yards—while that driver isn’t looking ahead. 

Local attitudes align with common sense. In a Miami Herald survey of 800 people, 70 percent of Florida voters supported a statewide ban on texting while driving, a clear signal that communities want safer roads and stronger accountability when drivers choose to look at a screen instead of the road. 

Our Miami Practice Area, Distracted Driving Car Accidents

We concentrate on serious injury and wrongful death litigation caused by distracted driving in Miami. Our lawyers bring claims against distracted drivers and, when appropriate, other parties responsible for the crash. From the moment we are retained, we move quickly to preserve evidence, interview witnesses, and position your case for maximum compensation. With a long record of verdicts and settlements in catastrophic injury claims, we understand how to prove liability and damages in complex motor vehicle cases.

What Counts As Distracted Driving In Miami?

Distraction can take many forms. Texting and reading messages, fiddling with a GPS, scrolling social media, selecting music, and even grooming or eating can pull attention away from the task of safe driving. The reality is that technology has multiplied temptations in the car, from in-dash screens to handheld devices and voice assistants. While hands-free options and built-in systems may help some drivers, the problem persists as human error lags behind innovation. Our firm knows how to document these behaviors and translate them into persuasive evidence for a jury or insurance carrier. 

How We Prove Distraction After A Miami Crash

We gather phone records, app usage logs when available, vehicle infotainment and telematics data, GPS breadcrumbs, and surveillance footage, and we match those details to the time of impact. We interview passengers, bystanders, and first responders to capture what was seen or heard, from the telltale glow of a screen to an admission at the scene. We examine the crash scene and vehicle damage patterns to corroborate inattentive driving. The goal is simple: connect the dots between the distraction and the collision so an insurer, judge, or jury understands exactly why the defendant is responsible.

How Dangerous Is Texting Compared To Drunk Driving?

Comparisons are stark. Independent reporting has highlighted that the risk of a crash with a distracted driver can be many times higher than a crash involving a drunk driver, and national data have tied distraction to a substantial percentage of fatal and injury crashes in a single year. While every case is unique, these numbers validate what victims already know: a split second of screen time can have the same life-altering consequences as getting behind the wheel intoxicated. 

Is Distracted Driving A Problem Across South Florida?

Yes, and its impact is felt across county lines. Data cited on our site notes that distracted driving has been the number one cause of fatal traffic accidents in Broward County, a neighboring community within our service area. We regularly represent victims in Miami-Dade, Broward, and Palm Beach counties, and we have offices and satellite locations to meet with clients throughout South Florida. 

What If The Other Driver Was Using A Phone, But Florida’s Laws Seem Limited?

Some states have enacted harsher penalties for using phones while driving, while others, including Florida, have not historically. Regardless of statutes and fines, civil law allows injured people to hold negligent drivers accountable for the full scope of their losses. Our role is to use the civil justice system to seek compensation even when criminal or traffic penalties are minimal, and to make roads safer by demanding accountability one case at a time.

What Damages Can We Pursue After A Distracted Driving Crash In Miami?

We pursue compensation tailored to your life and your losses. That often includes medical expenses, rehabilitation and therapy, lost wages and diminished earning capacity, property damage, pain and suffering, and in tragic cases, wrongful death damages on behalf of surviving family members. We also make sure future costs are fully valued, because the consequences of traumatic brain injuries, spinal injuries, fractures, and other serious harms rarely end when treatment does. Our litigation strategy is built on evidence, expert testimony, and a clear understanding of how the collision changed your day-to-day life.

What Should I Do After A Distracted Driving Accident In Miami?

Seek immediate medical care, then contact us so we can protect your rights. We recommend preserving all potential evidence, including taking phone screenshots or call logs, saving damaged devices, noting the names and numbers of witnesses, and avoiding making statements to insurers before consulting with us. We communicate with adjusters on your behalf, coordinate vehicle inspections, and manage medical billing issues, allowing you to focus on healing while we prepare your claim.

How We Serve Miami And The Surrounding Areas

Our main office is located on Coral Way in Miami, and we meet clients across Miami-Dade County communities, including Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Key Biscayne, Miami Beach, Miami Lakes, North Miami, Tamiami, Westchester, and North Miami Beach. We also serve clients throughout Broward County, including Fort Lauderdale, Hollywood, Cooper City, Coral Springs, Hallandale Beach, Oakland Park, Pembroke Pines, Plantation, and Weston, as well as Palm Beach County, including West Palm Beach. For your convenience, we have satellite offices in Fort Lauderdale and West Palm Beach, and we are available to speak with you twenty-four hours a day. 

Why Choose Gerson & Schwartz For Your Miami Distracted Driving Case?

We pair experience with results-driven advocacy. Our firm has represented accident and injury victims for more than fifty years, a history that includes complex motor vehicle, roadway, and catastrophic injury cases. Our lawyers have earned recognition from Super Lawyers and Best Lawyers, and we hold a 10 rating on Justia. We are honored by the trust our clients place in us, as reflected in the strong Google reviews that praise our attentiveness, communication, professionalism, and outcomes. We treat every client with respect and compassion, respond quickly to your questions, and prepare every case as if it will go to trial so insurers take your claim seriously. 

What Makes Miami’s Roads Especially Vulnerable To Distraction?

South Florida’s fast-growing communities rely heavily on cars, and long drives on busy roads invite temptation. Drivers face a constant stream of distractions, conversation with passengers, music and podcast controls, roadside billboards and scenic views, grooming on the go, eating between appointments, and, increasingly, GPS inputs and mobile apps that demand swipes, taps, and voice commands. Our cases often reveal a simple pattern: a driver chooses to multitask rather than focusing on the most critical job on the road, safe driving. When that choice causes harm, we step in to make it right. 

Will My Miami Distracted Driving Case Settle?

Many cases resolve through settlement, but we prepare every file for trial to ensure we negotiate from a position of strength. From the outset, we build a detailed liability story and a fully supported damages profile. When insurers see clear evidence of phone use or other distraction, combined with the medical proof of your injuries and the day-to-day losses you now face, fair settlements follow. If they do not, our trial lawyers are ready to present your case to a jury.

How We Communicate With You

Excellent lawyering includes great communication. We offer free, confidential consultations, are available around the clock, and keep you informed at every stage, so you always know what comes next. Our team handles the details that create stress in the aftermath of a collision, including insurance calls, form completion, appointment scheduling, and document gathering, while you focus on recovery.

A Stronger, Safer Miami Starts With Accountability

Our work is about more than compensation; it is about safer streets and fewer families harmed by distracted drivers. Public opinion in South Florida supports these goals, with a substantial majority favoring more onerous restrictions on texting while driving. The data confirm what we see every day in our cases: distraction is a widespread and deadly hazard. When we hold negligent drivers accountable, we help deter future misconduct and encourage better choices behind the wheel. 

Serving Victims In Miami And Beyond

Gerson & Schwartz is proud to serve accident victims in Miami and the surrounding areas, including Miami-Dade, Broward, and Palm Beach counties. Whether your collision happened in the heart of Miami, on a Broward highway, or on a Palm Beach surface street, our lawyers bring the same relentless advocacy, meticulous case building, and client-focused service that define our firm. With recognition from Super Lawyers and Best Lawyers, a 10 rating from Justia, and strong Google reviews, we deliver the professional and authoritative representation that injury victims deserve. We invite you to learn more about our verdicts, our staff, and our approach, and to discover how our team can help you move forward after a distracted driving crash. 

Talk To A Miami Distracted Driving Attorney Today

If you or a loved one was hurt because another driver chose a screen over safety, we are ready to help. Contact Gerson & Schwartz for a complimentary consultation. We are available by phone, email, or through our contact form, and we serve clients throughout Miami and the surrounding South Florida communities.

Client Reviews

★★★★★
I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
★★★★★
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
★★★★★
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
★★★★★
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
★★★★★
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
★★★★★
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
★★★★★
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
★★★★★
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User