If a texting or otherwise distracted driver caused a crash that injured you, a Gainesville distracted driving accident lawyer at Bagen Law Accident Injury Lawyers, P.A. is ready to stand with you. We know how frightening it feels to face sudden medical bills, missed work, and pain that will not wait. You did nothing wrong, and you should not have to carry this alone.
Since 1983, our team has been Fighting for Florida’s Injured® across Gainesville, Ocala, and Daytona Beach. We have recovered hundreds of millions of dollars for injured people and families throughout North Central Florida. When a driver looks at a phone instead of the road, we help you hold them accountable.
We understand that a crash impacts your life in numerous ways. That is why we handle the legal side, deal with the insurance company, and keep you informed every step of the way. Our goal is simple: to take the weight off you so you can heal.
You can reach us any time, day or night, at (800) 800-2575 for a free case review. There is no fee unless we win your case, so calling costs you nothing. Let us listen to your story and show you what we can do for you.
How Can a Gainesville Distracted Driving Accident Lawyer Help You?
A Gainesville distracted driving accident lawyer helps you by proving the other driver was distracted, handling the insurance company, and fighting for the full compensation you are owed. From the very first call, we take the pressure off your shoulders, so you can focus on your recovery.
Florida distraction cases can be hard to prove, because the at-fault driver rarely admits to looking at a phone. Our team knows exactly where to look for answers. We move quickly to gather evidence before it disappears.
Here is how we support you through your claim:
- We investigate the crash, including phone records, video footage, and witness accounts.
- We work with your medical providers to document the full extent of your injuries.
- We deal directly with the insurance adjusters, so you never have to argue with them.
- We calculate the true value of your losses, both today and years into the future.
Insurance companies have teams of adjusters and lawyers working to pay you as little as possible. Having an experienced advocate levels the playing field. From your first phone call to your final settlement or verdict, we carry the legal burden while you rest and recover.
What Counts as Distracted Driving in Florida?
Distracted driving is any activity that takes a driver’s eyes, hands, or mind off the road. Under Florida law, texting while driving is banned by Florida Statute 316.305, often called the Florida Ban on Texting While Driving Law. A related law, Florida Statute 316.306, requires hands-free device use in school zones and active work zones.
Safety researchers describe three main kinds of distraction. Understanding them helps explain how a single glance can lead to a serious crash.
- Visual distraction, when a driver looks away from the road, such as reading a text message.
- Manual distraction, when a driver takes a hand off the wheel, such as eating or reaching for something.
- Cognitive distraction, when a driver’s mind wanders, such as during a heated phone call.
Texting is so dangerous because it involves all three types at the same time. Other common examples include adjusting a GPS, scrolling social media, grooming, and turning to talk with passengers. Any one of these choices can turn an ordinary drive down Archer Road or Newberry Road into a life-changing event.
Types of Distracted Driving Crashes We Handle
Distracted driving causes many kinds of collisions, and we handle the full range at Bagen Law. A driver who is not paying attention may drift out of a lane, run a red light, or fail to see someone until it is too late. The results can be devastating for everyone involved.
Rear-end crashes are among the most common, often when a driver looks down and misses slowing traffic on the Florida highway of I-75. Intersection and left-turn crashes happen when a distracted driver never sees oncoming vehicles. Pedestrians and cyclists face the greatest danger, and a person hit by a vehicle near the University of Florida can suffer catastrophic, lasting harm.
Our injury lawyers represent people hurt in many types of cases, including:
- Gainesville truck accidents
- Car accidents
- Gainesville motorcycle accidents
- Pedestrian and bicycle accidents
- Gainesville brain injury and other catastrophic injury cases
- Gainesville wrongful death claims after a fatal crash
Each of these cases calls for a careful, tailored approach, and our team has handled them for decades. No matter how your crash happened, we are ready to review the facts and explain your options. Reach out today, and let us start building your case.wn, or traveling along I-75, we know this community, and we know how to get results.
Who Is Responsible for a Distracted Driving Crash?
The driver who chose to look away from the road is usually responsible for a distracted driving crash. Florida law holds people accountable when their careless choices harm others, and proving that carelessness is at the heart of your claim.
In some cases, more than one party shares responsibility. If a distracted trucker caused your injuries, the trucking company that employed the driver may also be accountable. When a delivery van or company vehicle is involved, the employer may share the blame, too.
Florida follows a rule called modified comparative negligence, set out in Florida Statute 768.81. Under this rule, your compensation can be reduced by your own share of fault, and a person found more than 50% at fault generally cannot recover damages. Insurance companies often try to shift blame onto injured people, hoping to pay less than a claim is worth.
Our Gainesville distracted driving accident attorneys push back against these tactics with facts, not guesswork. Our team gathers the evidence needed to show what really happened, so responsibility lands where it belongs. Protecting your right to recover is our priority from day one.
Compensation After a Distracted Driving Accident
You may be able to recover money for your medical care, lost income, and the pain this crash has caused. Every case is different, and the value depends on the facts, the severity of your injuries, and how your life has changed.
Injured people in Florida generally pursue two categories of damages. Economic damages cover measurable costs, while non-economic damages cover the human toll of an injury.
- Medical bills, from the emergency room to future surgeries and therapy
- Lost wages and a reduced ability to earn a living
- Property damage to your vehicle
- Pain, suffering, and the loss of enjoyment of life
We have recovered hundreds of millions of dollars for our clients over more than four decades, and we bring that experience to every claim we take. Our job is to document your losses fully, so nothing important is left out. That includes future costs that are easy to overlook right after a crash.
For families who have lost someone, we know this is not about money at all. It is about justice, and about the resources your family needs to move forward. Call us to learn what your case may be worth.
How Long Do You Have to File a Distracted Driving Claim in Florida?
In most cases, you have two years from the date of the crash to file a distracted driving injury lawsuit in Florida. This deadline, called the statute of limitations, is set by Florida Statute 95.11, and it was shortened from four years to two years in 2023. For a claim involving a loved one’s death, the two-year clock generally runs from the date of death.
Two years may sound like plenty of time, but strong cases take time to build. Evidence fades, witnesses move away, and phone records can become harder to obtain as the months pass.
A few limited exceptions can change these deadlines, which is one reason it helps to speak with us early. The sooner we begin, the more we can do to protect your claim and preserve important proof. Waiting can quietly weaken even a strong case.
Do not risk your right to compensation by putting off that first call. If you are unsure how much time you have, we are glad to help you understand your options. Reach out today, and let us take it from here.
Why Injured Gainesville Drivers Choose Bagen Law
People across North Central Florida trust us because we pair real courtroom experience with genuine care for our clients. Our results and our reputation speak for themselves.
- We have been Fighting for Florida’s Injured® since 1983, more than 45 years serving North Florida.
- Our attorneys bring over 150 years of combined legal experience to your case.
- Steven A. Bagen is board-certified in Civil Trial Law by The Florida Bar, a distinction that recognizes him as a certified specialist and trial expert.
- We are recognized by Super Lawyers, an honor given to only a small share of attorneys.
- We have recovered hundreds of millions of dollars for injured people and families.
- You pay nothing unless we win your case.
From our office on Highway 441 in Gainesville, next to the Florida Highway Patrol station, we serve clients throughout Gainesville, Ocala, and Daytona Beach. When you are ready, we are here to listen and to fight for you. Call today for your free case review, and let us show you the difference real advocacy makes.
FAQs Answered by Our Gainesville Distracted Driving Accident Lawyers
Here are answers to a few questions people often ask us after a distracted driving crash.
Most distracted driving claims settle without a trial. We prepare every case as if it will go before a jury, which often encourages the insurance company to make a fair offer. If a fair settlement is not possible, our trial team is ready to go to court for you.
Nothing up front. We work on a contingency fee, which means you pay no attorney fees unless we win money for you. Your first case review is always free, so there is no risk in calling us.
A fast offer is often lower than your claim is truly worth. Once you accept, you usually cannot ask for more later, even if new medical needs appear. It is wise to talk with us before you sign anything.
Yes. A traffic ticket can help your case, but it is not required to prove fault. We build your claim using phone records, video, witness statements, and other evidence of distraction.
You may still have options, including your own uninsured or underinsured motorist coverage. These claims can be tricky, and insurers do not always pay them fairly. We can review your policy and explain what protection may apply.
Yes, close family members may bring a wrongful death claim. For grieving families, this is never about money. It is about justice, and about the support your family needs to move forward, and we handle these cases with great compassion.
Yes. Along with Gainesville, we serve injured people in Ocala, Daytona Beach, and communities throughout North Central Florida. Wherever your crash happened, we are glad to talk through your options.
Talk to a Gainesville Distracted Driving Accident Lawyer Today
You do not have to face the insurance companies alone, and you do not have to figure any of this out by yourself. A distracted driver made a careless choice, and our team is ready to hold them accountable while you focus on healing and your family.
At Bagen Law Accident Injury Lawyers, P.A., your case will always get the individual attention it deserves. We are compassionate with our clients, and tenacious against the insurers who try to push injured people around. Since 1983, that combination has helped thousands of Floridians rebuild their lives.
Call us any time, day or night, for your free case review. Reach our Gainesville office today at (800) 800-2575. Remember, there is no fee unless we win, so there is no risk in reaching out. Let us start fighting for you today.
Bagen Law – Gainesville Office
Address: 111 SE 1st Ave Ste 150, Gainesville, FL 32601, United States
Phone: 352-377-9000