Understanding Distracted and Fatigued Driving in Florida
Every year, thousands of crashes in Florida are caused by drivers who are either distracted or too tired to operate a vehicle safely. From texting behind the wheel to falling asleep on I-95, these forms of negligence can have devastating consequences for other motorists, bicyclists, and pedestrians.
Florida law recognizes distracted and fatigued driving as dangerous behaviors that can establish liability in a personal injury case. If you were injured because another driver wasn’t paying attention—or was driving while drowsy—you may be entitled to compensation.
What Counts as Distracted Driving in Florida
Distracted driving refers to any activity that takes a driver’s attention away from the road. Common examples include:
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Texting, emailing, or using apps
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Talking on a handheld phone
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Adjusting the GPS or radio
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Eating, drinking, or grooming
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Talking to passengers or looking at roadside events
Florida’s Wireless Communications While Driving Law (F.S. §316.305) prohibits texting while driving, but even legal distractions—like eating or reaching for an object—can still constitute negligence if they cause a crash.
Fatigued Driving Is Just as Dangerous as Drunk Driving
Driving while exhausted can slow reaction times, reduce coordination, and impair judgment—similar to alcohol impairment. The National Highway Traffic Safety Administration (NHTSA) estimates that drowsy driving causes thousands of fatalities each year nationwide.
Common causes of fatigued driving include:
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Long work shifts or overnight driving
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Sleep disorders such as sleep apnea
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Long-distance commercial driving without adequate rest
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Taking sedating medications
In personal injury cases, fatigue may be proven through driver logs, work schedules, medical records, or witness testimony.
Proving Negligence in a Distracted or Fatigued Driving Case
To recover compensation, an injured party must show that the other driver’s negligence caused the crash. Evidence often includes:
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Cell phone records and GPS data
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Dashcam or traffic-camera footage
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Police reports and crash reconstruction analysis
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Eyewitness statements
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Employment or driving logs (for truck or delivery drivers)
A Florida personal injury attorney can subpoena this evidence and work with experts to prove distraction or fatigue as the cause of the collision.
Compensation Available to Victims
Victims of distracted or fatigued driving accidents in Florida may recover compensation for:
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Medical bills and future care
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Lost wages and loss of earning capacity
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Pain and suffering
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Property damage
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Permanent disability or disfigurement
In wrongful death cases, surviving family members may also pursue damages under Florida’s Wrongful Death Act (F.S. §768.16-768.26).
Why Legal Help Matters
Insurance companies often try to minimize or deny claims by arguing that the victim shared fault or that distraction cannot be proven. An experienced Florida personal injury lawyer can investigate thoroughly, preserve critical evidence, and negotiate for the full value of your claim—or take the case to trial if necessary.
Talk to a Florida Personal Injury Attorney Today
If you were injured by a distracted or fatigued driver in Florida, don’t face the insurance company alone. You may be entitled to significant compensation for your injuries and losses. Contact a qualified Florida personal injury attorney today for a free consultation and case review.
Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
