Miami Texting and Driving Lawyer

Every day, people in our community are hurt because another driver chose to look at a phone instead of the road. At Gerson & Schwartz, P.A., we are dedicated to protecting victims and their families following distracted driving crashes, and we strive to establish the highest standards for client service and results in South Florida. If you need a Miami texting and driving lawyer, we want you to know that our firm has represented accident and injury victims for more than five decades, and we bring the full weight of that experience to your case. Our reputation is reflected in honors from Super Lawyers and Best Lawyers, top ratings on Justia, and excellent Google reviews from clients who trusted us after serious accidents in Miami and the surrounding areas. 

We are proud to serve the Miami community. When you need a Miami car accident lawyer, you deserve advocates who understand local roads, juries, and insurers. We handle texting-and-driving cases across Miami-Dade and throughout South Florida with the care, preparation, and trial readiness your claim requires. 

Texting behind the wheel is uniquely dangerous because it pulls a driver’s hands, eyes, and mind away from safe driving. The Centers for Disease Control and Prevention identifies three core categories of distraction: cognitive, manual, and visual, and texting typically triggers all three at once. That combination is exactly why these crashes so often cause high-speed, intersection, rear-end, and lane-departure collisions that can change lives in an instant. 

National data confirm the risk. The National Highway Traffic Safety Administration reported that 2.2 percent of drivers text-messaged or visibly manipulated handheld devices in 2015, illustrating the continued prevalence of this behavior despite widespread education and enforcement efforts. When a driver in Miami decides to text and drive, our job is to hold that person and, when applicable, their insurer accountable for the harm that follows.

Florida law prohibits operating a motor vehicle while manually typing, entering, sending, or reading data on a wireless device for non-voice communication, including texting, emailing, and instant messaging. This prohibition is outlined in Section 316.305 of the Florida Statutes and reflects the state’s commitment to protecting drivers, passengers, bicyclists, and pedestrians on its roads. Although a traffic violation does not automatically equate to negligence as a matter of law, evidence that a driver was texting can be powerful proof of negligence, and in egregious cases, may support a claim for punitive damages due to reckless disregard for the safety of others. 

We begin by preserving evidence and developing a clear, credible account of exactly how the crash occurred. In many cases, we can obtain phone records, electronic data, witness statements, and video footage to demonstrate that a driver was texting in the moments leading up to the impact. Even if direct proof of texting is unavailable, Florida law allows us to prove negligence through other dangerous behaviors that often accompany device use, including speeding, running stop signs, drifting across lanes, and failing to maintain a proper lookout. Our litigation team organizes the facts, consults with qualified experts, and pushes the claim forward with settlement leverage built on trial-ready preparation. 

When a distracted driver causes a crash, we demand full compensation for all legally recognized losses. Depending on the facts, recoverable damages can include medical bills and related expenses, lost income and loss of earning capacity, property damage, scarring and disfigurement, and pain and suffering. In catastrophic and fatal cases, we pursue the full measure of damages available under Florida law. When the conduct is especially reckless, we evaluate whether a claim for punitive damages is appropriate. Our goal is straightforward: put you in the strongest position possible, and fight for the maximum recovery the law allows. 

Q: “What should I do right after a suspected texting-and-driving crash in Miami?”

Your health comes first. Seek immediate medical attention, then contact us so we can begin protecting your claim. Early steps, such as photographing the scene, identifying witnesses, preserving your vehicle, and refraining from social media commentary about the crash, can significantly impact the value of your case. We handle communication with insurers from the start so you can focus on healing.

Q: “How do you prove another driver was texting?”

We use a combination of phone records, metadata, witness accounts, vehicle event data, and circumstantial facts such as erratic lane movement or failure to brake. Florida’s texting-while-driving ban strengthens a negligence argument, and even without a text record, we can often show negligent driving behavior that caused the collision. 

Q: “Can I recover damages if I am not sure the other driver was texting?”

Yes. Florida law does not require you to prove texting specifically. If the other driver was inattentive, speeding, running a light, weaving, or otherwise careless, that negligence can support a recovery. Our investigation focuses on all available theories of liability, ensuring that your case does not hinge on a single piece of evidence. 

Q: “What types of injuries arise in texting-and-driving crashes?”

We regularly see whiplash and neck injuries, concussions and traumatic brain injuries, fractures, spinal injuries, and injuries to the back and shoulders from high-energy impacts. We work closely with your medical team and experts to establish a diagnosis, determine the best treatment, and provide a prognosis, as well as assess how the injury affects your daily life and work. We then present those findings with clarity and credibility.

Q: “Will my case settle or go to trial?”

Many cases resolve through settlement or mediation, but the best way to encourage a fair resolution is to prepare every case as if it will be tried to a jury. Our firm has been representing accident victims in courtrooms for over fifty years, and insurers know we are prepared to try a case when settlement offers are unfair. 

Understanding the law helps explain why texting cases can be so compelling. Florida’s statute was enacted to improve roadway safety and reduce crashes statewide. When a driver violates this rule and a crash results, that conduct can be robust evidence of negligence. In some cases, the disregard for safety is so extreme that punitive damages may be available to punish and deter similar behavior in the future. We evaluate these issues from the outset and tailor our strategy to the facts and the governing law so your claim captures the full scope of wrongdoing. 

Our firm is built on meticulous preparation, relentless advocacy, and client-first service. For decades, we have represented victims of negligent drivers in Miami courts and negotiation rooms. We are honored to be recognized by Super Lawyers and Best Lawyers, to maintain top ratings on Justia, and to receive excellent Google reviews from clients who describe our responsiveness, professionalism, and results. These independent markers of quality reflect the care we bring to each case and the trust our neighbors place in our team. 

When you hire us, you work with experienced trial attorneys who are well-versed in the Miami court system, including judges, juries, and local insurers. We investigate swiftly, preserve critical evidence, and consult with leading experts in accident reconstruction, human factors, and medicine when needed. We also guide you through medical billing, insurance questions, and the day-to-day realities that follow a serious crash, because we believe legal representation should reduce your stress, not add to it.

We live and work in this community, serving clients across Miami-Dade, including Aventura, Coral Gables, Doral, Hialeah, Homestead, Kendall, Key Biscayne, Miami Beach, Miami Lakes, North Miami, Westchester, and nearby neighborhoods, as well as clients in Broward and Palm Beach counties. Wherever a texting driver causes harm in South Florida, our team stands ready to help.

Proving distraction requires diligence. We promptly send preservation letters to drivers and their carriers, pursue call and text records through appropriate legal channels, examine vehicle data for speed and braking, and canvass for surveillance footage that might show a driver looking down before impact. Even when texting data is disputed or unavailable, the pattern of careless behavior often tells the story, such as sudden lane departures, late or no braking, or running a stop sign or red light. Those facts, combined with the statutory ban on texting while driving, allow us to press a strong negligence claim on your behalf.

A texting-and-driving crash can upend every part of life. Medical appointments, pain and recovery, missed work, transportation issues, and the emotional burden of uncertainty can feel overwhelming. Our job is to convert that turmoil into a clear legal case. We document every category of loss that Florida law recognizes, including medical expenses, lost income, reduced earning capacity, vehicle and property damage, scarring and disfigurement, and intangible harms such as anguish and loss of enjoyment of life. We prepare settlement packages and, when necessary, trial presentations that make those impacts real and understandable for adjusters and juries.

From your first call through the final resolution, we keep you informed. Our intake and litigation teams are accessible, responsive, and thorough in their approach. We offer free consultations, allowing you to understand your rights without any upfront cost. Clients repeatedly praise our attentiveness and professionalism in public reviews, and we work hard to earn that trust every day. 

Gerson & Schwartz brings a rare combination of experience, resources, and heart to your case. For more than fifty years, our Miami trial lawyers have stood with victims of negligent drivers, and our results and recognitions show the difference that commitment makes. We know how to prove distraction, how to counter the defenses insurers raise, and how to value your claim accurately so you are not shortchanged. Most of all, we never forget that every case is about a person, a family, and a future that deserves protection. 

Our firm serves clients throughout Miami and the surrounding areas, and we are ready to meet at a location that is most convenient for you. If you or a loved one has suffered a serious or catastrophic injury because another driver was texting or otherwise distracted, reach out to us. We will listen, evaluate, and act with the urgency your case deserves. Contact Gerson & Schwartz for a complimentary consultation at (305) 371-6000 or (877) 475-2905, or send us a message through our online form. We are here for you, twenty-four hours a day, seven days a week.