Distracted Driving in Florida: What You Should Know

What Constitutes “Distracted Driving” Under Florida Law?

Distracted driving is extremely risky behavior that puts everyone on the road in danger.

It causes over 50,000 accidents each year in the State of Florida. When a driver is not focused on the road, it limits his/her ability to come to a stop and avoid a crash.

Distracted driving is anything that:

• Takes your hands off the wheel;
• Your eyes off the road; or
• Mind off driving.

Texting is the most alarming distraction. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.

Florida Law Prohibits Texting While Driving, and You Can Be Stopped and Ticketed, Just for That Offense

Florida law allows law enforcement officers to stop motor vehicles and issue citations to motorists who are texting while driving, as a primary offense. This means that if a law enforcement officer sees a driver on his/her phone while operating a vehicle, the officer can pull the driver over and ticket him/her, solely for that offense. The “Wireless Communications While Driving” Law, found in Section 316.305, Florida Statutes, gives law enforcement the authority to do so. The law prohibits a person from operating a motor vehicle while:

• manually typing; or
• entering multiple letters, numbers or symbols on a wireless communications device, to send:
  • Text messages;
  • E-mail; or
  • Instant messages.

Wireless communication devices are not just limited to cellphones. Other examples include:

• Laptops
• Tablets
• Two-way messaging devices
• Electronic games

Between July 1, 2019, when the law became effective, and June 22, 2020, Florida law enforcement officers issued approximately 4,000 citations for texting while driving.

How Law Enforcement Can Spot A Driver Distracted By A Communication Device

Here are some of the ways that a law enforcement officer may determine that a driver’s eyes are on a phone or other communication device, rather than the road.

1. Law enforcement sees the device on the driver’s steering wheel;
2. The driver is constantly looking down;
3. The glow from the device screen at night reveals the driver’s phone use;
4. Law enforcement is watching from cameras looking down from overpasses;
5. Law enforcement officers perched high on motorcycles or vehicles that sit high, or in the back of unmarked cars, can see into other vehicles. The officers snap photographs showing drivers driving while distracted.
6. If warranted, law enforcement or, in a personal injury or wrongful death matter, a private lawyer, may subpoena the driver’s cellphone records from his/her cellphone provider.

Penalties and Fines for Texting While Driving

The penalties for texting and driving are as follows:

• First Offense
  • This is considered a non-moving traffic violation;
  • The driver will be subject to a $30 fine, plus court costs and other fees;
  • No points will be added to the driver’s record.

• Second Offense
  • If the driver commits another offense within five years of the first, it is considered a moving traffic violation;
  • The driver will be subject to a $60 fine, plus court costs and other fees;
  • Three points will be added to the driver’s driving record.

Section 316.306, Florida Statutes, prohibits a driver from using a wireless communication device manually (held in hand) in school zones and in work zones. More specifically, a person may not operate a motor vehicle while using a wireless communications device manually in a:

• Designated school crossing;
• School zone; or
• Active work zone.

“Active work zone,” as it pertains to Section 316.306, Florida Statutes, means that:

• Construction personnel are:
  • Present; or
  • Operating equipment on the road, or immediately adjacent to the work zone area.

The restricted use of a handheld device in work zones can only be enforced when workers are present.

Using A Hand-held Device in A School Zone

Using a handheld device in a school zone is automatically considered a moving traffic violation – even as a first-time offender. The penalty for this offense is:

• $60, plus court costs and other fees.
• Three points will also be added to a driver’s record.

Are There Exceptions To These Distracted Driving Laws?

The short answer is yes. Florida drivers are allowed to send and receive texts while their vehicle is not in motion. For instance, it is not illegal to use a handheld device while at a red light or stopped in traffic.

Instances when Florida’s distracted driving laws may not apply include:

• Anyone operating an emergency vehicle while performing official duties (i.e. police officers, firefighters or paramedics);
• Drivers using a handheld device to report an emergency, criminal, and/or suspicious activity, to local law enforcement;
• Drivers receiving messages related to the operation or navigation of their vehicle; This includes safety-related information (i.e. emergency, traffic or weather alerts);
• Drivers using GPS and other navigational systems (i.e. rideshare or delivery drivers);
• Drivers texting using hands-free technology to text or respond to messages;
• Drivers operating an autonomous vehicle in autonomous mode

Other Examples of Distracted Driving

There are many other examples of distracted driving besides the “high tech” ones involving hand-held devices. Anything that takes a driver’s attention away from the task of safe driving constitutes a distraction. Other common driving distractions include:

• Tending to kids or passengers in the back seat;
• Eating;
• Watching an event outside of the vehicle;
• Interacting with passengers;
• Unsecured pets;
• Putting on makeup or grooming;
• Adjusting radio or climate controls;
• Checking your GPS app or system; and even

Why Is Distracted Driving So Hazardous?

To successfully avoid a crash, a driver must:

• Perceive a hazard; and
• React and give the vehicle time to stop.

Both:

• Driver perception distance (the distance a vehicle travels from the time a driver sees a hazard, until the brain recognizes it); and
• Reaction distance (the distance a car will continue to travel after seeing a hazard, until the driver physically hits the brakes)

dramatically affect a vehicle’s stopping distance.

Even a focused driver going 50 mph will travel nearly the length of a football field before coming to a complete stop.

Could Florida’s Distracted Driving Laws Help Your Palm Beach County Car Accident Case?

Florida’s distracted driving laws may help reduce the risk of distracted driving accidents. However, if you are hit and injured by a distracted driver, will these laws help your claim for compensation for your injuries? The answer is it depends.

Florida is a no-fault state when it comes to car crashes. This means you will first need to go through your own insurer for reimbursement for your injuries and losses, under the Personal Injury Protection (“PIP”) portion of your insurance policy. The only way to make a claim, in addition to your PIP claim, is to prove that you meet the “serious injury” threshold, required by Florida law.  If you are able to prove a serious injury, then Florida law allows you to pursue negligence claims for your injuries, besides your PIP claim. In order to win any negligence claims, you must be able to prove the other driver’s negligence.

Calling 9-1-1 immediately after the accident, so that a law enforcement officer reports to the scene, may be critical in proving your negligence case. The other driver may admit to the officer that he/she was distracted while driving. Having that driver’s admission in a police report would certainly strengthen your negligence claim against the driver.

Alternatively, the officer may discover texts or messages on the driver’s cellphone from the time leading up to the accident. If the officer discovers such texts of messages, then it would benefit you to hire a lawyer to handle the claim, since a lawyer would usually be able to subpoena the other driver’s cellphone records, which would show the calls and/or messages that caused the distracted driving.  In summary, if the responding officer issues a citation to the other driver for distracted driving, that fact will support your negligence claim.

Representing Palm Beach County Car Accident Victims for Over Two Decades

Did you or your loved one suffer injuries as a result of another person’s distracted driving? Let us help you. The Law Offices of Andrea McMillan has been representing victims of Palm Beach County car accidents for over two decades.  Our firm is ready to fight for maximum compensation and hold the at-fault party accountable for his/her negligent actions. An initial consultation is 100 percent free of charge. We will not charge you any upfront fees to retain our services, and we only get paid if you get paid.

Call us today. We will fight for you, and remain committed to you. Call (561) 612–5700 for a free, no-risk case evaluation.