Distracted driving is one of the leading causes of crashes on Florida roads. It is also one of the hardest to prove. A driver who was texting when they hit you is unlikely to say so in a police report, and an officer at the scene often has no way to check.
That is why evidence matters so much in these cases, and why getting it quickly can decide the outcome of a claim.
What Florida law says about phones and driving
Under Florida’s Wireless Communications While Driving Law (section 316.305, Florida Statutes), texting while driving has been a primary offense since July 1, 2019. That means an officer can pull a driver over for texting alone. A related law, section 316.306, prohibits using a handheld device at all in designated school zones and in active work zones.
A violation of these laws can be strong evidence that a driver was negligent. First, though, you have to show that the driver was actually using the phone.
How phone records are obtained
Cell phone evidence in an injury case usually comes from three sources:
- Carrier records. Through a subpoena during litigation, attorneys can get records from the wireless carrier showing when calls were made and when texts and data sessions occurred. These records generally show timing, not the content of messages. When the timestamps are lined up against the exact moment of the crash, they can show whether the driver was using the phone.
- Forensic examination of the device. In some cases, a court will allow a limited forensic inspection of the driver’s phone. Florida courts take privacy seriously, so these requests must be relevant and narrowly tailored, usually limited to a short window of time around the crash.
- App and account data. Social media posts, navigation apps and messaging platforms often record activity with timestamps that can confirm or contradict what the driver says.
Supporting evidence beyond the phone
Phone records are strongest when other evidence backs them up. That can include the vehicle’s event data recorder (the “black box”), which can show speed and braking in the seconds before impact. It can also include traffic and business surveillance video, witness accounts of a driver looking down, and crash reconstruction showing that the driver never braked or swerved.
Why acting quickly matters
Evidence doesn’t last. Carriers don’t keep detailed records forever, surveillance footage is often recorded over within days, and vehicles get repaired or salvaged. An experienced attorney will send preservation letters right away so that key evidence isn’t lost before a lawsuit is filed.
If you were injured by a driver you believe was distracted, talk to an attorney as soon as possible. Most Florida negligence claims now have a two-year statute of limitations, and the evidence that proves distraction often disappears long before that deadline.
