Carol-Lynn Roman | August 19, 2025 | Car Accidents, Distracted Driver

A female driver being distracted by using their cell phone, texting and driving at the same time.

Proving the other driver was on their phone is the key to your distracted driving claim, but the insurance adjuster isn’t going to help you find that proof. Their goal is to protect their driver and the company’s profits after distracted driving crashes in Clearwater. This is where a personal injury lawyer steps in.

Lawyers have the legal tools to demand evidence, like cell phone records, and build a texting-related accident claim that insurance companies can’t ignore. 

Key Takeaways

  • Florida law forbids holding a cell phone while driving.
  • Proving a texting-related accident claim requires evidence like cell phone records, witness statements, and crash scene data.
  • Insurance companies may try to downplay the other driver’s distraction or blame you for the collision.

The Reality of Distracted Driving in Clearwater

Distracted driving is a serious problem across Florida and right here in Pinellas County. From the busy lanes of US 19 to the stop-and-go traffic on the Courtney Campbell Causeway, a distracted driver can turn a normal commute into a life-altering event. 

Accidents near local landmarks like Clearwater Beach or popular shopping areas like Countryside Mall happen frequently but the issue is that proving a driver was looking at their phone instead of the road is a major challenge.

Florida Ban on Texting While Driving Law

Florida’s laws on distracted driving are getting stricter. Texting while driving is already a primary offense. An officer can pull someone over for just that violation, but lawmakers continue pushing for a complete hands-free law. This change would make it illegal to even hold a cell phone while driving. 

For your claim, a citation issued to the other driver is powerful evidence. However, a ticket alone doesn’t automatically win your case. You still have to show that their distraction directly caused your injuries.

The Three Types of Driver Distractions

One in seven car crashes in Florida results from distracted driving. Distractions fall into three main categories. Texting is particularly dangerous because it involves all three at once. 

Distracted driving may include:

  • Visual Distractions: These distractions make a driver take their eyes off the road. Examples include looking at a phone, checking a GPS, or turning to talk with a passenger.
  • Manual Distractions: Manual distractions occur when a driver takes one or both hands off the steering wheel. They include eating, reaching for an item, or holding a phone.
  • Cognitive Distractions: Cognitive distractions happen when a driver’s mind wanders from the task of driving. A driver deep in thought, stressed, or focused on a phone conversation isn’t fully engaged with their surroundings.

An accident on Sunset Point Road might seem straightforward, but if the other driver was distracted, it complicates your pursuit of compensation. 

Evidence in a Texting and Driving Case

Building a strong claim for a texting-related accident requires solid evidence. The other driver is unlikely to admit they were on their phone, so it’s up to you and your legal team to piece together what happened. 

A thorough investigation uncovers the facts needed to demonstrate the other driver’s negligence. With over 53,000 distracted driving wrecks in Florida in 2022, you need an experienced lawyer who can build a case to prove that the other driver was texting. 

Here are some of the primary sources of evidence used to prove distracted driving crashes in Clearwater:

  • Cell Phone Records: These records are often the most direct form of proof of texting, but they’re essentially impossible to get on your own. A lawyer can use a subpoena to obtain records that show call logs, text message timestamps, and data usage. 
  • Witness Statements: Other drivers, pedestrians, or passengers may have seen the at-fault driver looking at their phone before the accident. Their testimony provides a third-party perspective that supports your claim. Your attorney gathers these statements quickly before memories fade.
  • Police Accident Report: The investigating officer’s report is a foundational document. It includes details about the scene, vehicle positions, and any citations issued. The officer might note if a driver admitted to being distracted or if a phone was found in the car.
  • Video Footage: Cameras are everywhere, from traffic lights at intersections like Gulf-to-Bay Boulevard and Belcher Road to the dashboards of other vehicles. This footage provides visual proof of a driver’s actions in the moments leading up to a collision.

How an Accident Scene Tells a Story

The physical evidence from the crash scene also paints a picture. Accident reconstruction experts analyze this data to show how a distracted driver behaves differently from an attentive one. Their findings add scientific weight to your distracted driving claim.

The analysis often includes:

  • Lack of Skid Marks: Attentive drivers usually hit the brakes before an impact, leaving skid marks. The absence of these marks often indicates the driver never saw the crash coming, a common sign of visual and cognitive distraction.
  • Vehicle Damage: The location and severity of the damage to both vehicles help reconstruct the collision. An expert determines speed, angle of impact, and other factors that shed light on the driver’s actions.
  • Road and Weather Conditions: The investigation accounts for the driving conditions at the time. Texting and driving is even more dangerous in heavy rain or on poorly lit streets, such as those in the Feather Sound area at night.
  • Data From the Vehicle’s Black Box: Many modern cars have an event data recorder (EDR), or black box. This device captures information about the vehicle’s speed, brake application, and other metrics just before a crash.

A distracted driving claim is won with facts. Each piece of evidence helps build a narrative that insurance companies can’t easily dismiss. It shows that the other driver made a choice not to pay attention, and that choice caused you harm.

A lawyer acts as your advocate, managing the complexities of your claim so you can focus on healing. They use their resources and experience to build a case that holds the distracted driver accountable.

Investigating the Crash

Successfully handling distracted driving crashes in Clearwater hinges on gathering specific proof. It’s a fight an insurance company may not fight fairly for you, but it’s one you don’t have to face alone. A Clearwater personal injury lawyer uses their resources to uncover evidence and build your claim. 

They go beyond the initial police report to gather all available evidence. This includes obtaining cell phone records through legal channels, locating and interviewing witnesses, and finding any available surveillance footage from nearby businesses or traffic cameras.

Calculating Your Damages

You may face a range of losses after an accident, from medical bills to lost income. An attorney helps calculate the full extent of your damages, both present and future. 

A lawyer accounts for all financial, physical, and emotional harms, which may include:

  • Medical Expenses: This covers everything from the initial hospital stay and surgeries to ongoing physical therapy and future medical needs related to your injury.
  • Lost Wages: You may receive compensation for the income you lost while unable to work. Your attorney also calculates your diminished earning capacity if your injuries prevent you from returning to your previous job.
  • Pain and Suffering: The physical pain and emotional distress you experience have value in a claim. An attorney helps quantify this non-economic damage to reflect the true impact on your quality of life.
  • Property Damage: This compensation covers the cost of repairing or replacing your vehicle and any other personal property damaged in the crash.

Handling the Insurance Companies

Your attorney manages all communications with the insurance company. They file all necessary paperwork, present the evidence from their investigation, and handle all settlement negotiations. 

Working with a personal injury lawyer protects you from common insurance tactics and lets the adjuster know you’re serious about receiving fair compensation. If the insurance company refuses to make a fair offer, your lawyer can take your case to trial.

What Are the First Steps I Should Take After an Accident With a Suspected Distracted Driver?

After receiving medical attention, document everything you remember about the accident. Write down details about the other driver’s behavior, what you saw, and the conditions at the scene. 

Get the names and contact information of witnesses who stopped to help, as their testimony is valuable. Lastly, speak with a personal injury lawyer before you give a recorded statement to any insurance company, even your own.

How Does a Texting and Driving Claim Work in Florida?

A texting and driving claim is a personal injury claim based on negligence. To succeed, you must prove four things: the other driver had a duty to drive safely, they breached that duty by driving while distracted, their actions caused the accident, and you suffered damages. 

An attorney gathers the evidence needed to establish these elements and builds a case to present to the insurance company or a jury.

What if I’m Partially at Fault for the Accident?

Florida follows a modified comparative negligence rule, which means you can still recover damages even if you’re found partially at fault. Your percentage of fault reduces your compensation. However, you cannot recover compensation if your share of the blame is more than 50%. 

Insurance companies often use this rule to reduce their payouts, so it’s beneficial to have a lawyer who can effectively counter these arguments.

How Long Do I Have To File a Distracted Driving Claim in Clearwater?

In Florida, the statute of limitations for personal injury claims is generally two years from the accident date. This deadline is strict; if you miss it, you lose your right to seek compensation through the courts. 

It’s best to contact an attorney soon after your accident to make sure your claim gets filed on time.

What if There Were No Witnesses to the Crash?

Many accidents happen without third-party witnesses, but you can still build a successful claim. The evidence found at the crash scene itself often tells a clear story. An attorney works with accident reconstruction experts to analyze vehicle damage, road debris, and data from the car’s black box.

This physical evidence, combined with a subpoena for the driver’s cell phone records, can create a powerful and convincing picture of what happened.

How Can I Get the At-Fault Driver’s Phone Records?

You most likely can’t obtain a driver’s phone records by yourself. Cell phone companies must protect their customers’ private information and will almost certainly deny your request. However, an attorney can get these records for you using a subpoena.

A subpoena is a legal order that compels the cell phone company to release the specific information needed for your case. These records show timestamps for calls, texts, and data usage, which can be lined up with the time of the crash. 

Take Back Control With Roman Austin Car Accident and Personal Injury Lawyers

A distracted driving accident may take away your sense of security, but you have the power to reclaim control of your future. You can hold the responsible driver accountable and get the resources you need to move forward.

Don’t let an insurance company dictate the value of your health and well-being. If a driver looking at their phone caused your injuries in Clearwater, you have legal options. For a free and confidential consultation to discuss your case, call Roman Austin Car Accident and Personal Injury Lawyers at (727) 787-2500.