The Driver Was on Their Phone. We Can Prove It.

You already know what happened. The driver wasn't watching the road — they were watching a screen. What you may not know is that the evidence to prove it still exists, and our attorneys know exactly how to get it. At the Law Offices of John Ameen, we represent distracted driving accident victims throughout Fort Lauderdale, Broward County, and South Florida, building cases on objective evidence rather than what the at-fault driver is willing to admit.

Florida ranks second in the nation for distracted driving incidents. Every day, drivers throughout Broward and Palm Beach counties make a choice to pick up their phone behind the wheel — and when that choice injures someone, the civil justice system provides one of the most direct forms of accountability available. A verdict or settlement in your case carries real financial consequences for the driver who hurt you.

Florida's Distracted Driving Law and What It Means for Your Case

Distracted driving takes many forms: texting, scrolling, GPS use, eating, or any activity that pulls a driver's attention from the road. Phone-related distraction is the most common and, critically, the most documentable. Cell phone records, carrier data, and accident reconstruction don't depend on what the driver claims — they tell the story on their own.

Florida's Distracted Driving Law and What It Means for Your Case

Florida Statute § 316.305 prohibits the use of handheld wireless communications devices while operating a motor vehicle. When a driver violates this statute and causes an accident, that violation can form the basis of a negligence per se argument — meaning the act of breaking the law itself establishes a key element of your claim. You don't have to prove the driver was careless in a general sense; the statute defines the standard of care, and crossing it is the breach.

 

This legal framework strengthens distracted driving injury claims in ways that general negligence arguments do not. Our attorneys use Florida's handheld device law as a foundation for establishing liability, pairing it with the physical and digital evidence gathered during our investigation to build a case that holds up under scrutiny.

How We Prove a Driver Was Distracted

The most common concern we hear from distracted driving victims is that they can't prove what they know happened. That concern is understandable — but it's also solvable. The evidence exists in places the driver cannot control or delete.

 

Our case investigation for distracted driving accidents includes:

 

  • Phone record subpoenas: We obtain the at-fault driver's wireless carrier records to establish call, text, and data activity at the exact time of the crash. Courts in Broward County have accepted this evidence in cases we have handled.
  • Cell tower data: Carrier network records can corroborate device activity and location, providing an independent layer of documentation that does not rely on the driver's account.
  • Witness testimony: Bystanders, passengers, and other drivers frequently observe phone use before or during a collision. We identify and preserve these accounts early in the investigation.
  • Dashcam and surveillance footage: Traffic cameras, business security systems, and dashcam recordings can capture the moments leading up to impact and confirm driver behavior.
  • Accident reconstruction: In serious crashes, reconstruction experts analyze vehicle data, skid marks, impact angles, and other physical evidence to establish what the driver was and wasn't doing before the collision.

 

We don't need the driver to admit anything. The evidence we gather speaks for itself.

Frequently Asked Questions About Distracted Driving Accident Claims

  • How do I prove the other driver was on their phone if they deny it?

    You don't have to rely on the driver's word. We subpoena wireless carrier records to obtain call, text, and data logs from the time of the crash. Cell tower data, dashcam footage, witness accounts, and accident reconstruction provide additional layers of evidence that establish what the driver was doing independent of their own statements.

  • What is the distracted driving law in Florida, and how does it affect my claim?

    Florida Statute § 316.305 prohibits handheld device use while driving. When a driver violates this law and causes an accident, it can support a negligence per se argument — meaning the statutory violation itself helps establish the breach of duty in your claim. This is a meaningful legal advantage that our attorneys use to strengthen your case.

  • How long do I have to file a distracted driving accident claim in Florida?

    Florida's statute of limitations for personal injury claims is generally two years from the date of the accident. However, waiting is not advisable — phone records and surveillance footage are only retained for a limited time, and the sooner we begin the investigation, the more complete the evidence will be.

  • What compensation can I recover after a distracted driving accident?

    Recoverable damages typically include medical expenses, lost wages, reduced earning capacity, pain and suffering, and property damage. In cases where the driver's conduct was particularly reckless, punitive damages may also be available. The value of your specific claim depends on the severity of your injuries and the strength of the evidence.

  • Can I still recover compensation if I was partially at fault for the accident?

    Yes. Florida follows a modified comparative fault rule, which means your compensation is reduced by your percentage of fault — but you can still recover as long as you are not found more than 50% responsible. Building a strong case that accurately places fault on the distracted driver is essential to maximizing your recovery.

  • Do I need a lawyer for a distracted driving accident claim, or can I handle it myself?

    Distracted driving cases require specialized evidence gathering — phone record subpoenas, carrier data requests, and accident reconstruction — that is difficult to pursue without legal authority and experience. Insurance companies also routinely minimize or dispute these claims. Having an attorney who has handled distracted driving cases in Broward County significantly improves both the evidence you can obtain and the outcome you can expect.

Why Distracted Driving Cases Require Immediate Action

Evidence in distracted driving cases is time-sensitive in ways that other accident claims are not. Wireless carriers retain call and data records for limited periods. Surveillance footage is routinely overwritten within days or weeks. Witnesses' memories fade. The sooner an attorney begins the investigation, the more complete the evidence picture will be.

 

Florida's statute of limitations for personal injury claims is generally two years from the date of the accident. That deadline is firm — missing it means losing your right to recover, regardless of how strong your case is. But waiting until the deadline approaches is not a strategy. The strongest distracted driving cases are built on evidence preserved immediately after the crash, not reconstructed months later from whatever happens to still exist.

 

If you were injured by a distracted driver, the time to act is now.