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Sarasota Distracted Driving Accident Lawyer

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A Gavel and a Man in the Background | Brandon Personal Injury Lawyer

When a distracted driver in Sarasota injures you, Florida law gives you the right to seek payment for the harm they caused.

As Sarasota distracted driving accident lawyers, we understand the physics of these crashes and the immense financial pressure they put on families. Managing medical appointments is hard enough; you shouldn’t have to battle insurance companies at the same time.

If you’re unsure what to do next, our team at Hale Law Accident Attorneys can provide clear, direct answers. Call us for a free evaluation of your case at (941) 735-4529.

Key Takeaways for Sarasota Distracted Driving Accidents

  1. Florida’s laws create a path for compensation, but with strict deadlines. You generally have two years to file a lawsuit, and you must seek medical care within 14 days to use your own PIP insurance benefits.
  2. The other driver’s insurance company is not on your side. Their primary responsibility is to their shareholders, which means settling claims for the lowest amount possible.
  3. Proof of distraction is built with specific evidence. A traffic ticket helps, but a strong case relies on cell phone records, witness statements, and expert analysis that we can obtain.

Why Choose Hale Law After a Distracted Driving Crash?

Choosing the right attorney after a crash is one of the most important decisions you’ll make. You want a team with real courtroom experience, a record of meaningful results, and the resources to take on large insurance companies.

Proven Results in Florida Courtrooms

Our firm has secured significant verdicts and settlements for injured Floridians.

  • In one case, a jury awarded $633,000 to our client after a Ford SUV’s defective handle caused shoulder and neck injuries.
  • In another, we achieved a $1.8 million recovery for a client seriously hurt by another driver’s negligence.

We Prepare Every Case as If It’s Going to Trial

Insurance companies pay attention to firms that actually try cases. From the first day we take your claim, we approach it as if a jury will eventually hear it.

That means gathering cell-phone records, consulting accident reconstruction experts if the case warrants it, and building a fact-based story of how the crash happened and what it cost you. This level of preparation leads to potentially stronger settlements because the other side knows we’re ready to prove the case in court.

Recognition from the Community and Peers

Hale Law has been recognized among Florida’s Best Law Firms for multiple years. Partner Patrick Iyampillai was named to SRQ Magazine’s “35 Under 35”, highlighting his leadership in both the courtroom and the Sarasota community. These recognitions reflect a simple truth: our work is respected by clients, colleagues, and judges alike.

Local Experience, Personal Attention

You’ll find us right here in Sarasota at 2803 Fruitville Road, Suite 240, Sarasota, FL 34237, a short drive away from the Sarasota Memorial Hospital campus.

When you call us, you reach an attorney who knows the local roads, the courts, and the realities of driving in this community. You won’t be passed to an out-of-state call center or left waiting for updates. You’ll have direct access to the lawyer handling your case.

No Fees Unless We Win

You never pay out-of-pocket. Our firm works on a contingency fee, which means we only get paid if (and only if) we recover compensation for you. We front the costs of investigation and litigation so that financial pressure doesn’t stand between you and justice.

How Do You Prove the Other Driver Was Distracted?

One of the biggest challenges is proving the other driver’s inattention caused the crash. Drivers rarely admit to texting or being on their phone. A successful claim depends on building a case with evidence that moves beyond a “he said, she said” argument.

Our work begins the moment you hire us. We use the legal process to gather facts that are not publicly available.

  • Subpoenaing Cell Phone Records. This is the most definitive piece of evidence. We can legally demand records from the at-fault driver’s cell phone carrier to show activity, such as texts, app usage, phone calls, at the exact time of the collision.
  • Locating and Interviewing Witnesses. A bystander who saw the other driver looking down at their phone just before impact provides powerful testimony. We track down witnesses listed on the police report and sometimes find others who were not interviewed by police.
  • Analyzing the Police Report. While not always admissible in court, the investigating officer’s report contains important clues. Officers may note a driver’s admission of distraction or their own observations about driver behavior at the scene.
  • Using Accident Reconstruction Experts. In some cases, we might hire specialists to analyze skid marks, vehicle damage, and other physical evidence. Their analysis can show that a driver failed to brake or swerve, which is consistent with not paying attention to the road.

Understanding Florida’s No-Fault Insurance and Its Limits

Florida is a “no-fault” state, which causes a lot of confusion for accident victims. What does that term actually mean for you?

It means every Florida driver must carry their own Personal Injury Protection (PIP) insurance. After an accident, your own PIP coverage is the first source of payment for your medical bills, regardless of who was at fault. But this system has serious limitations.

The $10,000 PIP Cap

By law, Florida drivers are only required to carry $10,000 in PIP coverage. This policy will cover:

  • 80% of your medical bills. This includes ambulance rides, hospital stays, doctor visits, and physical therapy.
  • 60% of your lost wages.

A single trip to the emergency room after a car accident can burn through this limit quickly. If your injuries are serious, requiring surgery, ongoing care, or extended time off work, your expenses will almost certainly exceed what your own PIP policy will pay.

This is why you file a claim against the at-fault driver. A personal injury claim allows you to pursue compensation for all the costs that PIP does not cover, including the remaining 20% of your medical bills and 40% of lost wages. More importantly, it is the only way to recover money for the non-financial impact of the crash, like pain and suffering.

What Is a Fair Settlement in a Sarasota Distracted Driving Case?

The purpose of a personal injury claim is to provide financial stability after an accident rewrites your life. A fair settlement should cover the full range of losses you’ve experienced because another driver was not paying attention.

These damages fall into two main categories.

Economic Damages

These are the direct, calculable financial losses tied to the accident.

  • All Medical Bills: From the initial ER visit to future surgeries, physical therapy, and medication costs.
  • Lost Income: Payment for the wages you lost while out of work.
  • Diminished Earning Capacity: If your injuries prevent you from returning to your former job or earning the same salary, a settlement can cover this future income loss.
  • Property Damage: The cost to repair or replace your vehicle and other damaged personal items.

Non-Economic Damages

These are the intangible losses that affect your quality of life.

  • Pain and Suffering: Compensation for the physical pain and emotional distress your injuries have caused.
  • Mental Anguish: This accounts for trauma-related conditions like anxiety, depression, or PTSD that develop after a crash.
  • Loss of Enjoyment of Life: If your injuries stop you from participating in hobbies, sports, or daily activities you once loved.

How Florida’s Fault Rules Affect Your Claim

Florida uses a “modified comparative negligence” system, which means that your final compensation can be reduced by your percentage of fault in the accident.

If you are found to be more than 50% at fault, you cannot recover any damages at all. Insurance companies conduct thorough investigations, looking for any evidence to argue you were partially at fault. Our role is to keep them accountable and ensure no amount of blame is unjustly put on you.

How Florida’s Distracted Driving Law Helps Your Case

Florida’s laws specifically target distracted driving, and they are a useful tool for establishing the other driver’s negligence.

What Counts as Distracted Driving?

The law defines distraction as anything that takes your hands off the wheel, eyes off the road, or mind off the task of driving. This includes:

  • Visual Distractions: Looking at a GPS, a passenger, or something on the roadside.
  • Manual Distractions: Eating, drinking, reaching for something, or changing the radio.
  • Cognitive Distractions: Daydreaming or being mentally preoccupied.

The “Florida Ban on Texting While Driving Law”

Florida Statute 316.305 makes it illegal to type on any wireless device while a vehicle is in motion. A citation for violating this law provides strong evidence of negligence. Additionally, a new “Florida Hands-Free Driving Law” is expected to take effect July 1, 2025, which will make it illegal to hold a cell phone for any reason while driving, with very few exceptions.

A citation isn’t required to prove distraction, but it does strengthen your case significantly.

Where Do Distracted Driving Accidents Happen Most in Sarasota?

Sarasota’s blend of residents, seasonal visitors, and tourists creates heavy and sometimes erratic traffic patterns. This congestion, particularly during the peak season from late winter through spring, increases the risk of distracted driving accidents.

Local Hotspots for Crashes

While an accident can happen on any road, certain intersections in Sarasota County are well-known for a higher frequency of collisions. Based on traffic volume and local crash data, these areas include:

  • U.S. 41 (Tamiami Trail) Intersections: Especially at Fruitville Road, Bee Ridge Road, and Siesta Drive, which serve as main connectors to tourist areas.
  • Fruitville Road Crossings: Particularly at Beneva Road, Tuttle Avenue, and Lockwood Ridge Road.
  • I-75 and University Parkway: The rapid commercial and residential growth here has intensified traffic, leading to more rear-end collisions—a common outcome of distracted driving.
  • Beneva Road Intersections: The crossings at Bee Ridge Road and Clark Road are also frequently identified as high-crash locations.

Sarasota County by the Numbers

The statistics paint a clear picture of the risks on our local roads.

  • In one recent year, Sarasota County saw 6,818 total vehicle crashes.
  • These accidents led to 4,027 injuries and 57 fatalities.
  • Hit-and-run incidents are a persistent problem, with 1,627 reported in that same year alone—sometimes linked to a distracted driver’s panic after a crash.

Common Questions After a Sarasota Distracted Driving Accident

How long do I have to file a distracted driving lawsuit in Florida?

For most personal injury cases with accident dates after March 24, 2023, Florida’s statute of limitations allows you two years to file a lawsuit. However, it’s better to begin the process quickly to preserve evidence like witness memories and vehicle data.

What if the distracted driver was in a company vehicle?

If the at-fault driver was working at the time of the crash, their employer may also be liable. This can be an important factor because commercial vehicles typically carry much larger insurance policies, though their legal teams are also more experienced in defending against claims.

Can I still have a case if the other driver didn’t get a ticket for texting?

Yes. A police citation is helpful evidence, but it’s not a requirement. As mentioned earlier, we can use other methods like subpoenaing cell phone records, using witness statements, and hiring accident reconstruction experts to build a persuasive case that the other driver was negligent.

Will I have to go to court?

The great majority of personal injury cases settle out of court. We prepare every case as though it will go to trial at the Sarasota County Courthouse, which puts us in a strong negotiating position. If the insurance company refuses to offer a fair settlement, we are fully prepared to present your case to a jury.

How can I afford a lawyer when I’m already facing so many bills?

We handle all personal injury cases on a contingency fee basis. This means you pay no upfront costs or attorney’s fees. We only get paid if we secure a financial recovery for you. Our fee is a percentage of the settlement or verdict we obtain on your behalf.

You Have Questions. Hale Law Has Answers.

Worrying about the legal process should not stop you from securing your financial future. The other driver’s decision to look at their phone doesn’t get to define the rest of your life. Florida law gives you a clear path to hold them accountable, but you don’t have to walk it by yourself.

It starts with a simple, direct conversation about what happened. Let us explain your rights and your options.

Contact our Sarasota office today for a free, no-obligation consultation at (941) 735-4529.

A Gavel and a Man in the Background | Brandon Personal Injury Lawyer

Tacking the Legal Complexities of Distracted Driving Accidents

When out on the roads, it seems that more and more drivers are changing lanes without using their turn signals, drifting into the shoulder of the road before making a sudden correction, running stop signs, and taking a long time before starting up again when stopped at a red light that turns green. It is not just in your imagination—drivers are more distracted than ever. Even though there have been many advancements in car safety and crash prevention technologies, traffic fatalities are holding even at about 40,000 deaths per year because drivers are choosing to allow distraction to control them when they get behind the wheel.

If you were injured in any traffic collision, that driver’s distraction is probably at least partially to blame. Hold them accountable for your damages by working with an experienced Sarasota distracted driving accident attorney at Hale Law.

The Three Types of Distractions

According to the Centers for Disease Control and Prevention (CDC), there are three types of distracted driving:

  • Visual—Taking one’s eyes off the road
  • Manual—Taking one’s hands off the steering wheel
  • Cognitive—Taking one’s mind off the road while driving

Visual distractions include looking in the backseat for a wallet or piece of paper, while manual distractions might be adjusting a side view mirror while driving. Cognitive distractions could be as simple as daydreaming or a loud child’s noise from the back seat. Of course, many forms of distraction check multiple boxes. Texting, for example, is a form of all three.

Other Examples of Distracted Driving

  • Texting
  • Using a cell phone for email, social media, taking a picture or video, or looking at directions
  • Adjusting or using a GPS device, including a cell phone or non-cell phone device
  • Talking to a passenger
  • Talking on a cell phone, dialing, or searching for a cell phone
  • Looking out the side window at something
  • Adjusting the radio or playlist on a phone
  • Disruptive passenger(s)
  • Adjusting the position of the seat
  • Searching for something in the rear seat or passenger seat
  • Eating or drinking
  • Applying makeup

The Dangers of Using Cell Phones On the Road

Using cell phones while driving is the ultimate form of distracted driving, causing an unknown number of fatalities and serious injuries every year. According to the National Safety Council, cell phone-caused collisions are under-reported, and there is no safe way to use a cell phone behind the wheel of a car, whether it is hands-free or not. While texting is obviously dangerous and illegal, talking on a hands-free or handheld phone is also extremely risky, as it causes drivers to miss seeing half of what is around them due to cognitive distraction alone.

Reach Out to Our Distracted Driving Accident Lawyers

Regardless of how or why the other driver was distracted, Hale Law’s experienced Sarasota distracted driving accident attorneys can help you prove they were negligent and hold them liable for your damages. Call (800)-800-1414 today to schedule a free consultation with a Sarasota attorney.