Steven A. Bagen | April 1, 2025 | Car Accidents

The most common signs of a distracted driver include weaving within a lane, inconsistent speeds, delayed reactions to traffic signals, and, most obviously, looking at a phone instead of the road.

After a crash, proving that the other driver’s inattention caused your injuries is challenging. Insurance companies conduct thorough investigations and will look for any evidence to argue you were partly at fault. The key is turning your observations from the scene into concrete evidence.Call Steven A. Bagen & Associates, P.A. for a no-obligation consultation to discuss your accident at (800) 800-2575.

 

What Are the Most Common Visual Cues of a Distracted Driver?

The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that diverts attention from the primary task of safe driving. Here are some of the most common red flags that a driver was distracted.

Drifting or Weaving

A vehicle that cannot maintain its lane is a classic sign of an inattentive driver. You may see the car swerve into other lanes, drift onto the shoulder, or cross over the centerline. This happens because the driver isn’t making the constant, small steering corrections required to keep the car straight. Their focus is elsewhere, and the vehicle follows their lack of attention.

Inconsistent Speed

Sudden changes in speed that don’t match the flow of traffic are another major red flag. A distracted driver might slow down significantly while typing a text, then speed up abruptly after realizing they’ve fallen behind. This erratic pace can make them unpredictable and dangerous to other motorists who are trying to maintain a safe following distance.

Delayed Reactions

Pay attention to how a driver responds to traffic signals and changing conditions. A common sign of distraction is a significant delay in moving when a traffic light turns green. Similarly, they may fail to notice slowing or stopped traffic ahead, leading to a last-second, hard brake to avoid a rear-end collision.

Head and Eye Movement

One of the most direct signs is observing the driver’s head position. If their head is consistently angled down or turned away from the windshield, they are not watching the road. At night, the glow of a phone screen illuminating their face is an unmistakable sign of texting or browsing while driving.

Wide or Abrupt Turns

Navigating a turn properly requires focus. A distracted driver often misjudges the vehicle’s position and the sharpness of the curve. This may result in them taking a turn far too widely, encroaching on other lanes, or making a sudden, sharp correction mid-turn. This indicates they are not fully engaged in the act of driving.

Braking Erratically

Sudden, hard braking for no apparent reason is a frequent indicator of distraction. The driver likely looked up from their phone or other distraction and was startled by the traffic conditions they should have been monitoring all along. This behavior could easily cause a chain-reaction crash, especially in heavy traffic.

What Is a “Distraction” in the Eyes of the Law?

The Centers for Disease Control and Prevention (CDC) and NHTSA recognize three main types of distractions. 

Visual Distractions: Taking Your Eyes Off the Road

This is perhaps the most obvious form of distraction. A visual distraction is anything that pulls your eyes away from the road ahead. Even a glance away for a few seconds can be catastrophic. At 55 miles per hour, taking your eyes off the road for five seconds is like driving the length of a football field with your eyes closed.

  • Examples: Looking at a GPS or navigation system, checking on children or pets in the back seat, looking at a passenger during a conversation, or turning to look at an accident on the side of the road.

Manual Distractions: Taking Your Hands Off the Wheel

Safe driving requires having both hands on the wheel to maintain control of the vehicle, especially if an emergency maneuver is needed. A manual distraction involves any action that requires a driver to remove one or both hands from the steering wheel.

  • Examples: Eating, drinking, smoking, adjusting the radio or climate controls, reaching for an object in the passenger seat, or grooming.

Cognitive Distractions: Taking Your Mind Off of Driving

This is the most subtle yet arguably the most dangerous form of distraction. Cognitive distraction occurs when a driver’s mind is not focused on the task of driving, even if their eyes are on the road and their hands are on the wheel. Their mind is somewhere else, which significantly slows their ability to process information and react to hazards.

  • Examples: Being lost in thought, having a stressful or emotional conversation on a phone (even a hands-free one), or dealing with fatigue.

Texting while driving is particularly dangerous because it combines all three types of distraction: visual, manual, and cognitive. Research has shown that the impairment from talking on a cell phone while driving can be equivalent to driving with a blood-alcohol level of 0.08%. Some studies have even found texting while driving to be as dangerous as driving with a blood alcohol level twice the legal limit. 

You Saw They Were Distracted. Now What?

Your suspicion that the other driver was distracted is a powerful starting point, but turning that suspicion into proof is where a legal claim is built. Here is how we move from observation to evidence.

The Police Report as a Starting Point

The official accident report is an important document, but it may not tell the whole story. The responding officer may not have cited the other driver for distracted driving unless there was a clear admission of guilt or an independent witness at the scene who saw it. We carefully review the report for any notes, diagrams, witness information, or statements from the other driver that might hint at their inattention.

Your Own Recollection and Notes

As soon as you are able, you should write down everything you remember about the accident. Memories fade, and details become blurry over time.

  • What did you see the other driver doing in the moments just before the crash?
  • Where were they looking? Was their head down?
  • What did they say immediately after the accident? Sometimes, drivers make admissions like, “I just looked down for a second.”

The Power of Witness Statements

An independent witness who saw the other driver looking at their phone or otherwise not paying attention is an asset to your case. Our team will promptly contact anyone listed on the police report to get their full account of what they observed before, during, and after the collision.

Uncovering Digital Evidence

  • Cell Phone Records: One of the first steps we can take is to send a spoliation letter to the other driver and their cell phone carrier. This is a formal legal notice demanding that they preserve all data from around the time of the accident. We can then subpoena these records, which can show call logs, text message timestamps, and data usage, creating a timeline of their activity.
  • Social Media Activity: A timestamp on a social media post, a photo upload, or a direct message sent moments before the crash can serve as direct evidence of distraction.
  • Vehicle Infotainment and Telematics Data: Many modern cars are equipped with event data recorders (EDRs), similar to an airplane’s “black box.” This data shows information about speed, braking, and steering, which can help demonstrate a delayed reaction consistent with distraction.

Using Surveillance and Dashcam Footage

We conduct a thorough investigation to determine if any cameras captured the moments leading up to the collision. This includes checking with nearby businesses for security footage, requesting footage from traffic cameras, and even seeing if homeowners’ doorbell cameras might have recorded the incident. We also make sure to ask other drivers who stopped at the scene if their vehicle was equipped with a dashcam.

How Do Florida’s Laws Affect Your Accident Claim?

Florida’s Ban on Texting While Driving

Florida Statute § 316.305, also known as the “Florida Ban on Texting While Driving Law,” prohibits a person from operating a motor vehicle while manually typing or entering letters, numbers, or symbols into a wireless communications device. This is a “primary enforcement” law, which means a law enforcement officer can pull a driver over solely for the act of texting while driving. They do not need another reason for the traffic stop.

The Concept of Negligence

In any personal injury claim, you must prove that the other party was negligent. This is a legal concept that simply means a person failed to use the level of care that a reasonable person would have exercised under the same circumstances. 

Every driver has a duty to operate their vehicle safely to avoid harming others. When a driver violates a traffic safety law—like the ban on texting—it is evidence that they breached this duty and were negligent.

Understanding Florida’s Comparative Fault Rule

Insurance companies look for ways to argue that you were also partially to blame for the accident. This is because of Florida’s comparative fault rule, found in Florida Statute § 768.81. Under this law, if you are found to be more than 50 percent at fault for your own harm, you may not recover any damages. If you are found to be 50 percent or less at fault, your compensation is simply reduced by your percentage of fault.

For example, the other driver’s insurance company might claim you were speeding or failed to signal a lane change. Our role is to use the evidence of the other driver’s distraction to counter these arguments and ensure that blame is not unfairly shifted onto you.

Your Questions Answered

What if I don’t have concrete proof the other driver was on their phone?

Even without a photo or video, a strong circumstantial case could be built. Evidence such as witness statements, the driver’s own admissions at the scene, and the nature of the crash itself can be very persuasive. For example, a complete lack of skid marks before a rear-end collision can indicate the distracted driver never even looked up to hit the brakes.

Can I still have a case if the other driver was using a hands-free device?

Yes. A growing body of research shows that even hands-free conversations can cause significant cognitive distraction. The brain is still diverting attention from the task of driving to focus on the conversation, which can lead to delayed reactions and a form of “inattention blindness” where a driver fails to see things right in front of them. Proving this requires a more nuanced approach, but it is certainly possible to argue that the driver was still negligent.

What kind of compensation can I pursue in a distracted driving case?

If you have been injured, you may be able to pursue compensation for a range of damages. This can include economic damages like current and future medical bills, lost wages from being unable to work, and vehicle repair or replacement costs. It can also include non-economic damages to compensate for pain, suffering, and the impact the injuries have had on your quality of life.

The other driver’s insurance company already offered me a settlement. Should I take it?

It is generally not advisable to accept an early settlement offer without first speaking to an attorney. These initial offers are often far less than what your claim is truly worth. They may not account for the full extent of your injuries, the possibility of future medical needs, or your total lost earning capacity. Accepting the offer also means you waive your right to pursue any further compensation for the accident.

Let Us Handle the Details, So You Can Focus on Healing

Let our team at Steven A. Bagen & Associates, P.A. take on the burden of building your case. We will work to hold the distracted driver accountable and pursue the maximum compensation available under the law.

For a free, confidential discussion about your accident, call us today at (800) 800-2575.