Florida Cell Phone Texting Truck Accident Lawyer

At Rafferty Domnick Cunningham & Yaffa, we understand the devastating consequences of truck accidents caused by texting and distracted driving. Truck drivers have a duty to operate their vehicles safely, yet many engage in dangerous distractions, such as texting while driving, leading to catastrophic crashes.

If you or a loved one has been injured due to a truck driver using a cell phone behind the wheel, our Florida truck accident lawyers are here to help you secure the justice and compensation you deserve. We have a proven track record of holding negligent trucking companies and drivers accountable for their actions.

Why Texting and Truck Driving is a Deadly Combination

Truck drivers operate massive commercial vehicles that weigh up to 80,000 pounds. Due to their size and weight, these vehicles require significantly longer stopping distances and demand a high level of focus and control. Any distraction—even for a few seconds—can result in catastrophic accidents, causing severe injuries or fatalities.

When a truck driver texts while driving, they take their eyes off the road for an average of five seconds. At highway speeds, this is equivalent to driving the length of a football field blindfolded. In those few moments, traffic conditions can change, pedestrians may enter the roadway, or vehicles may suddenly stop—leaving the distracted driver no time to react.

Federal and Florida state laws prohibit truck drivers from using mobile devices while operating commercial vehicles, yet many continue to engage in distracted driving. The consequences of this negligence can be life-altering for victims and their families. If a texting truck driver caused your accident, you have the legal right to seek compensation for medical expenses, lost wages, and emotional suffering.

Who is Liable in a Florida Texting Truck Accident?

Liability in a texting-related truck accident often extends beyond just the truck driver. Determining who is at fault requires a detailed investigation into the accident’s circumstances. Several parties may be held accountable, including:

The truck driver
If the driver was texting while driving or otherwise distracted, they are directly responsible for their negligent actions.

The trucking company
Many trucking companies fail to properly enforce safety regulations or pressure drivers to meet unrealistic delivery schedules, indirectly encouraging dangerous behaviors like texting while driving.

Truck manufacturers
If a defective truck component played a role in the accident (such as a malfunctioning braking system), the manufacturer may share liability.

Third parties
Other drivers, cargo loaders, or maintenance providers could also be liable if they contributed to the conditions leading to the crash.

Because multiple parties may be responsible, it is critical to work with an experienced Florida truck accident lawyer who can conduct a full investigation and identify all liable parties to maximize your compensation.

How to Prove a Truck Driver Was Texting at the Time of the Crash

One of the biggest challenges in texting-related truck accident cases is proving that the truck driver was actively using their phone when the crash occurred. Our legal team at Rafferty Domnick Cunningham & Yaffa employs multiple strategies to establish evidence, including:

1. Obtaining phone records – A subpoena can be issued to obtain cell phone logs, which show calls, texts, and data usage at the time of the accident.
2. Eyewitness testimony – Other motorists, pedestrians, or bystanders may have seen the truck driver holding or using a phone while driving.
3. Dashcam and surveillance footage – Many commercial trucks are equipped with cameras, which may capture footage of the driver using a phone.
4. Electronic Logging Devices (ELDs) – These devices track driver activity, including the time spent driving and rest periods. A sudden erratic movement or failure to react in time could indicate distraction due to texting.

Proving distracted driving is crucial in securing maximum compensation for victims. Our firm works tirelessly to gather the necessary evidence and build a strong case against the at-fault party.

Steps to Take After a Truck Accident in Florida

Being involved in a truck accident can be overwhelming, but taking the right steps immediately after the crash can greatly impact the success of your case. If you are injured in a trucking accident, follow these essential steps:

1. Seek Immediate Medical Attention – Your health is the top priority. Even if you do not feel injured right away, internal injuries or concussions may not show symptoms immediately. Seeking medical attention provides documentation of your injuries, which is crucial for your case.
2. Call 911 and Report the Accident – Having an official police report can be critical evidence in proving negligence. The police will investigate the accident and may note if the truck driver was suspected of texting while driving.
3. Gather Evidence at the Scene – If possible, take pictures of the accident, including vehicle damage, road conditions, traffic signals, and any visible injuries. Collect contact information from witnesses, as their testimony may support your claim.
4. Do Not Speak with Insurance Adjusters Without Legal Advice – Insurance companies often try to downplay your injuries or shift blame to reduce their payout. Before providing any statement, speak with an attorney who can negotiate on your behalf.
5. Contact a Florida Truck Accident Lawyer – An experienced truck accident attorney can investigate your case, gather crucial evidence, and fight for the compensation you deserve.

What Compensation Can You Recover?

Victims of texting-related truck accidents may be entitled to significant compensation to help cover the financial, physical, and emotional toll of the accident. Compensation may include:

1. Medical Expenses – Covers emergency care, surgeries, hospital stays, rehabilitation, and ongoing medical treatments.
2. Lost Wages & Loss of Earning Potential – If your injuries prevent you from working, you may be compensated for lost income and potential future earnings.
3. Pain and Suffering – Compensation for the physical pain and emotional distress resulting from the accident.
4. Property Damage – Covers repairs or replacement of your vehicle and personal belongings damaged in the crash.
5. Punitive Damages – In cases of gross negligence, such as a truck driver willfully texting while driving, courts may award additional compensation as punishment for reckless behavior.

Why Choose Rafferty Domnick Cunningham & Yaffa?

When facing trucking companies and insurance providers, you need a legal team with experience, resources, and determination to win your case. Here’s why clients trust Rafferty Domnick Cunningham & Yaffa:

1. Decades of Experience – We have been handling complex truck accident cases for years, securing millions for our clients.
2. Proven Success – Our track record includes winning high-value settlements and verdicts against large trucking companies.
3. Aggressive Legal Representation – We don’t settle for lowball offers—we fight to get our clients every dollar they deserve.
4. Personalized Attention – We treat every client with compassion and individualized attention to ensure their unique needs are met.
5. No Fees Unless We Win – We operate on a contingency basis, meaning you pay nothing unless we secure compensation for you.

Frequently Asked Questions (FAQs) About Florida Truck Accidents Involving Texting Drivers

Can I sue a trucking company if the driver was texting?
Yes, you may be able to sue the trucking company if the driver was texting while operating a commercial vehicle. Trucking companies are responsible for ensuring their drivers comply with federal safety regulations, including prohibitions against texting while driving. If the company failed to enforce these rules, pressured drivers to meet unrealistic deadlines that encouraged distracted driving, or neglected proper training and monitoring, they may share liability in the accident.

How can I prove the truck driver was texting at the time of the accident?
Proving that a truck driver was texting requires gathering evidence such as cell phone records, dashcam or surveillance footage, eyewitness testimony, and electronic logging device (ELD) data from the truck. Your attorney may also work with accident reconstruction experts to analyze the truck’s movements and determine whether distracted driving contributed to the crash.

What should I do immediately after a truck accident involving a texting driver?
First, seek medical attention for any injuries, even if they seem minor. Contact law enforcement to ensure an official accident report is filed. If possible, take photos and videos of the accident scene, vehicle damage, road conditions, and any visible injuries. Collect contact information from witnesses who may have seen the truck driver using their phone. Avoid speaking to insurance adjusters without consulting an attorney, as they may try to minimize your claim.

What types of compensation can I receive for a texting-related truck accident in Florida?
You may be entitled to compensation for medical expenses, lost wages, future loss of earning potential, pain and suffering, emotional distress, and property damage. In cases where the truck driver’s actions were particularly reckless, such as intentionally texting while driving, the court may also award punitive damages to punish the driver and deter future negligent behavior.

How long do I have to file a lawsuit for a truck accident caused by a texting driver in Florida?
Florida’s statute of limitations for personal injury claims is generally four years from the date of the accident. However, exceptions may apply depending on the details of your case, such as wrongful death claims or cases involving government entities. It is important to speak with a truck accident lawyer as soon as possible to ensure all legal deadlines are met and evidence is preserved.

Contact Rafferty Domnick Cunningham & Yaffa Today

If you or a loved one was injured in a Florida truck accident caused by texting, do not wait to take legal action. Florida has strict deadlines for filing personal injury claims, and acting quickly can strengthen your case.

Contact Rafferty Domnick Cunningham & Yaffa today to schedule a free consultation. Our team is ready to fight for your rights and secure the compensation you deserve. Let us handle the legal battle while you focus on healing and rebuilding your life.