Texting while driving may soon be outlawed in the Sunshine State

May 10, 2013

Florida is moving closer to joining a vast majority of states across the nation in the fight to curb cellphone use while driving. A bill that would ban texting while driving passed through the Florida Senate last month without any opposition. The bill was amended by the House, received Senate approval and is now waiting for the governor's signature.

The driving distractions that cellphone use causes -- whether making calls or texting -- are well known. Most drivers can recall an instance when they were cut-off or nearly hit by an inattentive driver using his or her cellphone. According to the Miami Herald, 11 teenagers die every day in the U.S. due to accidents caused by texting while driving, and USA Today reports that adults drive and text more frequently than teens despite knowing the dangers.

Once the Florida governor signs the bill into law, it will go into effect on October 1 of this year. Particulars of the texting law are as follows:
- Secondary violation: The offense is a secondary violation meaning that the driver must be pulled over for a separate offense -- such as speeding, careless driving or other vehicle infractions. The driver may, then, receive two driving violation tickets.

- Penalties: A driver's first offense incurs a $30 fine and a second offense within five years nets a $60 fine in addition to three points on his or her driver's license. More points are added for violations occurring in school zones and for other serious driving offenses.

- Use of cellphone records: In the event of a motor vehicle accident resulting in a personal injury or wrongful death, cellphone records may be used as evidence that a driver was distracted and caused the accident.

- Allowed use: Hands-free texting will be permissible under the new law and drivers may also text while stopped at intersections or in traffic jams.

Florida legislators have been fighting to pass this type of law for over four years and they are optimistic that the state is heading in the right direction in its attempt to curb motor vehicle accidents. However, many are concerned that the law needs to be stricter. Because it is only a secondary violation, law enforcement officials cannot pull over an offender when they see them texting and driving; they must wait for the driver to commit some other type of driving offense before a ticket is issued.

If you are injured

If you or someone you love suffers an injury due to a distracted driver, seek the counsel of an experienced personal injury lawyer. An attorney who is knowledgeable about auto accidents can help you obtain the compensation to which you may be entitled such as medical expenses, wages loss, disability and pain and suffering.

Article provided by Feldman Morgado, PA
Visit us at www.fightfortheinjured.com