Distracted Driving Accident Attorney

Distracted driving is not only irritating—it can be deadly. The most common form of distracted driving is texting or talking on the phone. However, many distracted driving cases are difficult to prove because the victims either do not realize that the other person was distracted or may feel like they do not have enough evidence. It’s in these moments that a skilled, experienced attorney can help.

Defending the Rights of Victims

At Thomas J. Ueberschaer, P.A., we are dedicated to defending the rights of victims injured due to distracted driving. We believe that those who text and drive put other people’s lives in jeopardy and should be held accountable for their actions. As such, we will aggressively fight to help you get a fair settlement for your injuries and other damages.

When you are ready to move forward with your personal injury case, call 850-741-7381 and receive a free case review to get started with your claim. There is no cost unless there is recovery for your case.

What is Distracted Driving in Florida?

Distracted driving is any activity that takes your attention from driving. Examples of distracted driving include:

  • Texting or talking on the phone
  • Looking at apps on a device
  • Eating and drinking
  • Socializing with other passengers
  • Putting on makeup
  • Using your car’s onboard devices (e.g., radio or navigation)

Of all the forms of distracted driving, texting is the most alarming distraction because it involves three types of distraction: visual, manual and cognitive.

Sending or reading a text takes your eyes off the road and your mind away from operating a vehicle. You cannot drive safely unless you are 100 percent focused on driving. Any non-driving activity you engage in is a potential distraction and increases your risk of crashing.

Texting and Driving is Against the Law in Florida

In 2019, the state of Florida enacted the Florida Ban on Texting While Driving Law. Under the 2019 law, Florida drivers are banned from using cellphones to text, email, Snapchat or any other activity that involves physically typing or entering letters, numbers, symbols or other characters into a wireless device while driving. Florida’s new text ban also prevents drivers from using their cell phones to read any data on their mobile device.

Under the law, a first texting offense will be punishable by a $30 fine and court fees. A second offense carries a $60 fine, court costs and related fees and three points on a driver’s license. Any offense that results in injury or fatality can carry stiffer penalties such as jail time, loss of license or a hefty fine. In addition, the at-fault party is subject to a civil personal injury or wrongful death lawsuit.

Proving the Other Driver Was Driving Distracted

Distracted driving is among the most difficult car accident cases to prove. However, they’re not impossible. As your attorneys, our legal team will use our experience and resources to investigate the accident and establish that the at-fault party was distracted. We can gather evidence of fault and liability, including:

  • Phone records
  • Eyewitness testimony
  • Videos or photos
  • Social media activity
  • Police report
  • Accident reconstruction expert

Our law firm can use the evidence to prove distracted driving and that the accident is what led to your injuries.

What Should I Do if I Think the Other Person Was Texting?

Since a texting and driving case is hard to prove, it is a time-sensitive claim that you need to move forward with quickly. There are several things you can do to build your case.

Seek Medical Attention Right Away

The most important thing in a car accident is your safety. Therefore, seek medical attention right away and make it your top priority. Even if you think that you may not be injured, it is in your best interest to visit the ER or your doctor for an exam.

Gather Evidence

If possible, try to gather as much evidence as you can. For instance, you can speak with eyewitnesses, take photos or videos and gather your medical records. The more evidence you gather, the more you can give your attorney.

Consult a Car Accident Lawyer

Before you talk to the insurance company or even the police, you may want to consult a distracted driving attorney in Pensacola, Florida. Your attorney can listen to your story, explore your legal options and investigate your claim immediately.

Remember, the longer you delay filing a personal injury claim, the more difficult it becomes to prove your case. This is especially true with texting and driving cases. Contact our law firm today and let us go to work to build your case and help you get the compensation you deserve.

Damages in a Texting and Driving Accident Case

Damages in a texting while driving accident case typically involve economic and non-economic damages. We can assess your damages and fight for maximum compensation based on your losses. We will work to get you to all the right doctors to assess the extent of injuries. Damages you may be able to claim in a personal injury case include:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Disability
  • Property damage
  • Punitive damages
  • Wrongful death damages (if applicable)

Your case value depends on various factors, such as how the accident occurred, the parties involved and the extent of your losses. Thomas J. Ueberschaer, P.A. will work to get you a fair settlement based on your actual losses—not what the insurance company is willing to settle for.

Hire Thomas J. Ueberschaer, P.A., to Represent You Today

When you are ready to move forward with your case, we are here to help you every step of the way. Thomas J. Ueberschaer, P.A. provides comprehensive legal services for victims of car accidents in Pensacola, Florida. Contact us today to get started with your claim.

We will answer your questions, address your concerns and work on your behalf to take on insurance companies. To schedule a free case evaluation, call us at 850-741-7381.

Injured in an Accident?

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$325,000 was awarded to a client who experienced a head-on collision resulting in serious injuries to their legs.


$1,100,000 was awarded in a workers' compensation settlement. The client was moving a heavy object resulting in permanent total disability.


$90,000 in back due benefits and ongoing payments after judge’s hearing for 45-year-old mechanic suffering from severe sleep disorder, leaving him unable to maintain any full-time employment.