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Distracted Driving Accident Lawyer in Miami: Bobby Nunez Fights for You
Every second a driver spends looking at a phone instead of the road is a second someone else pays the price. If a distracted driver crashed into you, Bobby Nunez of AccidentLawFirm.com is ready to hold them fully accountable. Our firm has recovered millions for injured South Floridians — including $993,000, $442,000, and $299,000 for real clients across Miami-Dade and Broward County.
Whether you were hit in a car accident in Miami or a truck accident caused by a driver who wasn’t watching the road, the same principle applies: distraction is negligence, and negligence has a dollar value.
Florida’s statute of limitations gives you 2 years to file a personal injury claim. Cell phone records and dashcam footage disappear fast. Call (305) 444-4407 today for your free consultation — you pay nothing unless we win.
Distracted driving accidents occurs when a driver operates a vehicle while engaging in another activity, such as texting, eating, adjusting the radio, or talking to passengers. These distractions can be visual, cognitive, or manual, and they reduce the driver’s ability to focus on the road, react to traffic conditions, and maintain proper control of the vehicle. As a result, the risk of serious crashes and injuries increases significantly.
How Is Distracted Driving Legally Defined?
Here’s a general framework of how distracted driving is often legally defined:
Visual Distractions: Visual distractions involve taking one’s eyes off the road. This can include activities like looking at a smartphone, reading a map, changing the radio station, or observing something inside the vehicle that’s not related to driving.
Cognitive Distractions: Cognitive distractions refer to activities that take the driver’s mind off the task of driving. This can include daydreaming, engaging in deep conversations, or being preoccupied with personal matters.
Manual Distractions: Manual distractions involve taking one or both hands off the steering wheel. Examples include texting, using a handheld phone, eating, drinking, or reaching for objects in the vehicle.
Multitasking: Engaging in any of the above distractions while operating a vehicle is often considered multitasking, which impairs a driver’s ability to respond effectively to the road and other traffic.
What Is Distracted Driving Under Florida Law
Distracted driving is any behavior that diverts a driver’s attention away from the task of operating a vehicle. Florida law recognizes three categories of distraction, and any one of them is sufficient to establish negligence. Texting while driving hits all three simultaneously, which is why it carries the harshest legal consequences.
| Type | Examples | Legal Significance | Evidence to Collect |
| Visual | Texting, reading GPS, looking at passengers | Proves driver failed to observe traffic conditions | Cell records, dashcam footage |
| Manual | Eating, applying makeup, reaching for objects | Shows physical loss of vehicle control | Witness statements, police report |
| Cognitive | Daydreaming, arguing with passengers, phone calls | Demonstrates impaired judgment | Phone records, witness testimony |
| Combined (e.g. Texting) | Visual + manual + cognitive at once | Strongest negligence argument — all three categories | Cell carrier subpoena, GPS data |
Florida Laws Against Distracted Driving
Florida Statute 316.305, The Wireless Communications While Driving Law, took effect on July 1st, 2019 and it requires all drivers to put their phones down and focus on the road. Key points of Florida Statute 316.305 include:
Prohibition of Texting While Driving: The statute prohibits drivers from manually typing or entering text into a wireless communication device, such as a smartphone or tablet, while operating a motor vehicle that is in motion. This includes sending, reading, or writing messages, emails, or other forms of text-based communication.
Primary Offense: The statute designates texting while driving as a primary offense, meaning law enforcement officers can pull over drivers solely for this offense without needing another primary reason for the traffic stop.
Hands-Free Use Allowed: While the statute bans manual texting, it allows drivers to use wireless communication devices in a hands-free manner. This means that using voice-activated features, such as voice-to-text and making calls through Bluetooth or other hands-free systems, is generally permissible.
Exceptions: The statute provides exceptions for using wireless communication devices for emergency purposes, such as reporting accidents, crimes, or medical emergencies to authorities.
Penalties: Violations of this statute typically result in fines and points on the driver’s license. The penalties may vary based on the number of prior offenses. Additionally, in certain circumstances, such as school and work zones, fines may be doubled.
It is important to note, though, that texting is not the only form of distracted driving that is against the law. Distracted driving refers to any activity that diverts a driver’s attention away from the primary task of operating a vehicle. While texting while driving is a common and widely recognized form of distracted driving, there are other activities that can also be considered distractions and are prohibited by law in many jurisdictions.
Florida Statute 316.305: What the Law Actually Says
Florida Statute 316.305, the Wireless Communications While Driving Law, took effect July 1, 2019. It is one of the strongest anti-texting statutes in the Southeast, and Bobby Nuñez’s team uses it as a cornerstone of every distracted driving claim.
Key Provisions
- Texting while driving is a primary offense — officers can pull over a driver for this alone, with no other reason required.
- Manual entry or reading of any text-based communication on a wireless device while the vehicle is in motion is prohibited.
- Hands-free use (Bluetooth, voice-to-text) is permitted — but only if the driver’s hands remain on the wheel.
- In school zones and active work zones, fines are doubled.
- Violations result in fines and points on the driver’s license — evidence that directly strengthens your civil claim.
Important: texting is not the only prohibited distraction. Florida’s broader negligence framework covers any activity that impairs a driver’s attention — eating, applying makeup, arguing with a passenger, adjusting a GPS. Every one of these behaviors can support a personal injury or wrongful death claim.
Is the Distracted Driver Always at Fault in Florida
Not automatically — but distraction is one of the most powerful forms of negligence evidence available. Florida follows modified comparative negligence under HB 837 (2023 reform): you can recover damages as long as you are less than 51% responsible for the crash. Your payout is reduced by your percentage of fault.
What this means for you: even if you were speeding slightly or failed to yield, a distracted driver who was texting carries the overwhelming majority of fault. Bobby Nunez builds your case to minimize your fault percentage and maximize your recovery. Distracted driving crashes frequently overlap with rear-end collisions, T-bone accidents, and head-on collisions — each with distinct liability profiles that Bobby Nunez evaluates from every angle.
With Bobby Nunez vs. Without a Lawyer
| Scenario | With Bobby Nunez | Without a Lawyer |
| Evidence Preservation | Cell records subpoenaed immediately; dashcam footage secured | Evidence disappears — insurers delete it fast |
| Insurance Negotiations | Bobby negotiates from strength with full documentation | Adjuster low-balls and closes quickly |
| Fault Disputes | Modified comparative fault argued in your favor | Risk of being assigned partial fault |
| Medical Bills | Liens coordinated; full economic damages documented | Out-of-pocket costs pile up unclaimed |
| Settlement Value | Maximized — results far exceed self-represented claims | Typically 3-4x lower without representation |
Common Injuries in Distracted Driving Crashes
Distracted drivers fail to brake, swerve, or react — which means collisions happen at full speed. The injuries that follow are often severe and permanent. Bobby Nunez handles the full spectrum, from soft tissue damage to catastrophic injuries that permanently change a victim’s quality of life.
| Injury | How It Happens | Compensation Available | Severity |
| Whiplash / Neck Injury | Rear-end impact from distracted driver not braking | Medical costs, lost wages, pain and suffering | Moderate-Severe |
| Traumatic Brain Injury | Head strikes dashboard or window at impact | Long-term care, lost earning capacity | Severe |
| Spinal Cord Injury | High-speed T-bone or head-on from driver not reacting | Lifelong care, catastrophic damages | Critical |
| Broken Bones | Crush injuries when driver veers into your lane | Surgery, rehabilitation, lost wages | Moderate |
| Soft Tissue Damage | Sudden jolt from driver braking late | Physical therapy, pain and suffering | Mild-Moderate |
| Wrongful Death | Fatal collision caused by fully distracted driver | Full wrongful death claim for surviving family | Fatal |
What to Do After a Distracted Driving Accident in Miami
The steps you take in the first 24 hours directly affect the value and strength of your case. Here is exactly what Bobby Nunez recommends.
| Step | Action | Why It Matters |
| 1 | Call 911 and file an official police report | Creates a dated legal record; officers may note distracted driving indicators |
| 2 | Get medical attention immediately | Establishes injury timeline; delays create gaps insurers exploit |
| 3 | Document everything at the scene | Photos, witness names, video — this evidence disappears fast |
| 4 | Note signs of distraction | Was the driver looking at a phone? Eating? Write it down immediately |
| 5 | Do NOT speak to the other driver’s insurer | Anything you say will be used to reduce your payout |
| 6 | Call Bobby Nunez at (305) 444-4407 | Evidence is subpoenaed; your case is built from Day 1 |
How Bobby Nunez Builds Your Distracted Driving Case
Proving distracted driving requires more than pointing at a phone. It requires preserved evidence, fast action, and experienced legal strategy. Bobby Nuñez handles your case personally — not a paralegal, not a junior associate.
- Cell phone records: We subpoena carrier records to prove the driver was actively using their phone at the moment of impact.
- Traffic and dashcam footage: We act quickly to preserve video before it is deleted. Many South Florida intersections have cameras; so do commercial trucks.
- Witness statements: Eyewitnesses who saw the driver on their phone or acting erratically are contacted and documented immediately.
- Police report analysis: Officers sometimes note distraction in the crash report. We use every notation to strengthen your claim.
- Expert reconstruction: For complex cases, we bring in accident reconstruction specialists to establish exactly what the driver was doing when they failed to react.
- Rideshare and commercial liability: If the distracted driver was an Uber or Lyft driver, or was operating a commercial vehicle, additional parties may be liable.
When the Distracted Driver Was Behind the Wheel of a Truck
Commercial truck drivers are governed by Federal Motor Carrier Safety Administration (FMCSA) regulations that explicitly prohibit texting and require hands-free operation for all interstate carriers. If you were hit by a distracted truck driver in Miami, the stakes are dramatically higher — both in terms of the injuries involved and the number of parties who may share liability.
A distracted truck accident can involve the driver, the trucking company, the fleet manager, and the cargo owner. Bobby Nunez has been recognized as a Top 10 Miami Truck Accident Lawyer 2024 and knows exactly how to pursue every liable party to maximize your recovery. An FMCSA texting violation on top of a Florida negligence claim gives your case additional legal leverage that most attorneys never pursue.
Why Choose AccidentLawFirm.com for Your Distracted Driving Case
- Bobby Nunez handles your case personally — no hand-offs to junior lawyers or paralegals
- America’s Top 100 Personal Injury Attorneys — recognized nationally for results
- Top 10 Miami Truck Accident Lawyer 2024 — for cases involving commercial vehicles
- Proven results: $993,000, $442,000, $299,000 and more recovered for South Florida clients (reference examples; every case is different)
- Free consultation: No cost, no obligation to call today
- No fee unless we win: 100% contingency — we only get paid when you do
- Bilingual team: English and Spanish — serving all of Miami-Dade and Broward County
- BBB Accredited and Florida Justice Association member
Frequently Asked Questions: Distracted Driving Accidents in Miami
Can I sue if the driver was texting when they hit me?
Yes. Texting while driving is a primary offense under Florida Statute 316.305, and it is strong evidence of negligence in a civil claim. Bobby Nunez will subpoena the driver’s cell phone records and build a case proving their distraction directly caused your injuries.
What if the driver wasn’t texting but was still distracted?
Florida’s negligence laws cover all forms of distraction — not just texting. If the driver was eating, adjusting the radio, talking to passengers, or doing anything else that diverted their attention, that behavior supports your personal injury claim. The specific distraction whose evidence we pursue.
How long do I have to file a distracted driving accident claim in Florida?
Under Florida law (post-HB 837, 2023 reform), you have 2 years from the date of the accident to file a personal injury claim. Do not wait — cell records can become unavailable and witness memories fade quickly. Call Bobby Nuñez at (305) 444-4407 as soon as possible.
How do you prove the driver was distracted?
AccidentLawFirm.com subpoenas cell carrier records showing call, text, and data activity timestamped at the moment of impact. We also secure dashcam footage, traffic camera recordings, police reports, and witness statements. In complex cases we use accident reconstruction specialists.
What if the distracted driver claims I was also at fault?
Florida’s modified comparative negligence rule (2023) allows you to recover damages as long as you are less than 51% responsible. If the other driver was texting, they carry the overwhelming share of fault. Bobby Nuñez argues your fault percentage down at every stage to protect your recovery.
What if the distracted driver was a truck driver?
Commercial truck drivers are subject to strict FMCSA regulations prohibiting texting. A violation creates federal regulatory liability on top of Florida state negligence claims. Bobby Nunez is a recognized Miami truck accident lawyer who pursues every liable party — driver, trucking company, and fleet manager.
Does it cost anything to consult with AccidentLawFirm.com?
Not a dollar. Your consultation is free, and AccidentLawFirm.com works on a pure contingency basis — no fee unless we win your case. You have nothing to lose by calling.
Can AccidentLawFirm.com handle my case if the accident was in Broward County?
Absolutely. AccidentLawFirm.com handles distracted driving cases across all of South Florida. Broward clients can reach us directly at (954) 488-3000.
Contact a Distracted Driving Accidents Attorney
If you were in a car accident and the other driver was texting at the time of the collision or caused the collision by texting, it is very likely you have a good distracted driving accident case. That being said, texting and driving is not the only way their distracted driving could have caused the accident. If the other driver was eating, fighting with a passenger, putting on makeup, or doing a number of other things beyond driving, this will be important to your case.
After a car crash of any kind, it’s important to seek medical attention. Then, bring on the services of a Miami car accident law firm. AccidentLawFirm.com has been helping injured victims of South Florida for over a decade. Our law firm handles a variety of cases, including distracted driving cases. They caused your accident by being distracted, now you have medical bills piling up. You may even have lost wages and property damage to deal with. We’re here to help you collect the financial compensation you deserve. Call 786-882-2038 to schedule your consultation.
