West Palm Beach Distracted Driving Attorney

Hurt by a Driver Who Was Texting, Scrolling, or Simply Not Paying Attention?

One glance at a phone. A quick tap on a navigation screen. A reach for a dropped coffee. It takes only a few seconds for a distracted driver to change your life, and afterward the questions pile up fast. Can you sue a driver who was texting? What if the other driver swears they were paying attention? How do you prove a distraction that nobody admits to? And who pays for your medical care while all of this is sorted out?

If you were injured in a crash with a distracted driver anywhere in South Florida, Brubaker Injury Law can help you find answers and pursue the compensation you may be owed.

About Brubaker Injury Law

Brubaker Injury Law is a personal injury firm representing injured people from offices in West Palm Beach, Fort Lauderdale, Fort Myers, and Miami. We handle car and auto accidents, truck accidents, motorcycle accidents, rideshare accidents, and more, and our results include seven-figure recoveries in serious auto accident cases (see our case results; every case is different, and past results do not guarantee a similar outcome). We offer a free consultation, so you can learn where you stand before making any decisions.

What We Do for Distracted Driving Victims

Distracted driving cases are won or lost on evidence, and evidence has a way of disappearing. Our work typically includes:

• Investigating the crash, including the scene, vehicles, and police report
• Requesting and preserving cell phone records, app activity, and vehicle data
• Locating security, traffic, and dash camera footage before it is erased
• Identifying and interviewing witnesses
• Handling communications with insurance companies on your behalf
• Helping you understand how Florida’s no-fault insurance rules apply to your medical bills
• Building and negotiating your injury claim, and filing a lawsuit when a fair settlement is not offered

Who We Serve

People come to us after distracted driving crashes for many different reasons. You may recognize your own situation in one of these:

• Drivers rear-ended at a light or in traffic. The other driver “never saw” you, and now you are dealing with neck, back, or head injuries.
• Passengers hurt in a crash. You were not behind the wheel, yet you are the one in the hospital.
• Pedestrians and cyclists struck by a driver on a phone. You had the right of way, and the driver never looked up.
• Motorcyclists hit by a driver who drifted or turned without checking. Riders have little protection, and the injuries are often severe.
• Families who lost a loved one. A distracted driver took someone you love, and you need to understand your rights.
• Anyone told the crash was “your fault.” Insurers sometimes blame injured people to reduce what they pay.

What Counts as Distracted Driving?

Distracted driving means any activity that pulls a driver’s attention from the road. Safety agencies, including the National Highway Traffic Safety Administration, describe three types: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving). Texting hits all three at once, which is why it is so dangerous, but it is far from the only culprit. Common distractions include:

• Texting, emailing, or scrolling social media
• Making calls or using voice assistants
• Programming a GPS or adjusting a touchscreen
• Eating, drinking, or smoking
• Grooming or reaching for objects
• Watching video or tablets
• Talking with passengers or tending to children or pets

Florida Law and Your Claim

Florida law prohibits manually typing or entering letters, numbers, or symbols into a wireless device while driving under Florida Statute 316.305, and Florida Statute 316.306 restricts handheld phone use in school zones and work zones. A violation does not automatically decide a civil case, but it can be persuasive evidence that a driver failed to use reasonable care.

Several other rules shape distracted driving claims:

• Filing deadlines. Under Florida Statute 95.11, most negligence lawsuits must be filed within two years of the injury, though exceptions exist.
• Shared fault. Under Florida Statute 768.81, a person found more than 50 percent at fault for their own injuries generally cannot recover damages, so how fault is assigned matters a great deal.
• No-fault insurance. Florida’s Personal Injury Protection coverage, discussed in Florida Statute 627.736, often pays part of your initial medical expenses regardless of who caused the crash, and it generally requires you to seek care promptly.

How Distraction Gets Proven

Few drivers volunteer that they were on their phones. Proof usually comes from elsewhere: phone carrier records, app and text timestamps, vehicle event data, nearby camera footage, witness accounts, and physical clues at the scene (such as a total lack of braking). Because companies routinely delete older records, timing is critical.

Compensation You May Be Able to Pursue

Depending on your case, damages can include:

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Scarring or disfigurement
• Property damage
• In fatal crashes, losses recoverable by family members under Florida’s wrongful death laws

Serious injuries from these crashes can include traumatic brain injuries, spinal cord injuries, fractures, internal injuries, and long-term emotional trauma.

What to Expect When You Work With Us

1. Free consultation. We listen to what happened and explain your options.
2. Investigation. We gather evidence and send preservation requests so critical records are not lost.
3. Medical documentation. We help you understand how treatment records support your claim.
4. Demand and negotiation. Once your injuries are better understood, we present your claim and negotiate with the insurer.
5. Litigation, if needed. If a fair resolution is not offered, we are prepared to file suit and pursue your case in court.

Why Choose Brubaker Injury Law?

• Personal injury focus. Injury law is what we do, day in and day out.
• Evidence-driven approach. We move early to secure the proof that shows distraction.
• Four South Florida offices. We are accessible in West Palm Beach, Fort Lauderdale, Fort Myers, and Miami.
• Free consultation. There is no cost to find out where you stand.
• Clear communication. We explain each step in plain language and keep you informed.
• Trial readiness. We prepare each case as though it may be decided by a judge or jury.

Take the Next Step

A distracted driver’s mistake should not leave you carrying the bills, the pain, and the uncertainty alone. The sooner you act, the easier it is to protect the evidence that matters. Call our experienced distracted driving attorneys today or contact us online to get started, and let us explain what your claim may be worth.