Distracted driving is a serious issue throughout Florida and across the country. It is one of the leading causes of accidents and fatalities on our roads. Still, current state law does not completely prohibit the usage of handheld devices while driving – there are some instances when the use of your phone is legal. That being said, texting and driving are illegal in all states – and drivers who violate this law are subject to tickets and fines, even if an accident does not occur.
To prevent a distracted driving accident, it is imperative to resist any type of cell phone use while behind the wheel unless you are utilizing hands-free technology.
Definition of Distracted Driving Laws
- Reading, composing, or sending text messages while driving a motor vehicle are punishable actions, but other types of distractions are just as perilous. Any activity that draws the driver’s visual, manual or cognitive abilities away from the task at hand qualifies as distracted driving. These activities increase the overall risk of a serious or even fatal traffic accident.
- Other kinds of distracted driving include eating or drinking, applying makeup, or interacting with passengers, children, or pets.
- Florida distracted driving laws are not as strict as in many other states. For instance, it is legal to speak on a handheld device in this state. But experts agree that as inattentive drivers are responsible for thousands of accidents each year, the best strategy is to avoid the phone altogether.
Laws for Handheld Devices
Florida law does not prohibit the use of handheld electronic devices for navigation or communication. Drivers may participate in any type of wireless communication while driving as long as manual data entry (such as texting) is not involved. The use of hands-free technology is not mandatory in the state.
While most kinds of phone use while driving are legal, texting, emailing and instant messaging is illegal when operating a moving motor vehicle. In addition, drivers are not permitted to read incoming messages while driving, and browsing the internet while behind the wheel is always prohibited.
Did You Know?
While some states restrict novice drivers more than experienced drivers, there are no Florida laws that differentiate teenage drivers in regards to distracted driving.
Distracted Driving Penalties in Florida
Texting while driving in Florida is considered a noncriminal traffic infraction, and motorists will be charged with a nonmoving violation. However, if this law is violated more than once within a five-year period, it will be charged as a moving violation.
Texting and driving penalties may include:
- A citation
- An official court date
- 120 hours of community service if the infraction results in a fatality
- Civil penalty fees
- Enrollment in a driver improvement school
If the crash results in a fatality, the cell phone provider will be asked to release the driver’s cell phone records, as these records will be used as evidence in any court case.
Avoid Driving Distracted
- Download a text-blocking app such as It Can Wait, Down for the Count, Canary, OneTap, On My Way (OMW), and AT&T Drivemode.
- Make sure that pets, kids, and personal belongings are secured, preferably in the back seat.
- Pre-program GPS navigation systems before leaving the parking spot
- Set phone settings to “silent” or “do not disturb” mode while driving.
If you have been harmed in a car accident due to someone else’s negligence, make sure you get the compensation you deserve. Call the personal injury attorneys at Probinsky & Cole. We are here to help you navigate the confusion, negotiate with third parties, and secure a favorable settlement.
