Study Finds Florida's Motor Vehicle Safety Laws Lacking

May 19, 2011

The Emergency Nurses Association (ENA) recently released its third annual scorecard on the safety of each state's roads. When it comes to laws meant to prevent car accidents, the news for Florida is not so good. Out of 14 categories, Florida received a mediocre score of seven. While the score is not the worst received - North Dakota scored lowest at four - it certainly was not one of the top scores. The scorecard ranked the safety of each state's roads based on the presence or absence of 14 different motor vehicle safety laws. The laws included those for mandatory seatbelt use, child booster seats, graduated driver's licensing programs, motorcycle helmet laws, texting laws and other safety measures.

Florida was deficient in these areas:
- Mandatory seatbelt law for all occupants in a motor vehicle
- Child booster seat law and a requirement that children up to age 8 use booster seats
- Mandatory motorcycle helmet law and a law requiring motorcycle helmets to meet federal guidelines
- Restrictions on the number of passengers under the age of 20 allowed for those in the graduated driver's licensing program
- Prohibition on texting while driving

Washington and Oregon were the only states to receive perfect 14 out of 14 scores. Ten additional states scored 12 or higher.

Lack of Distracted Driving Laws Hurt Florida's Score

Florida's lack of a texting ban was one of the reasons the ENA scored the state lower than others. In the past several years, there has been an increased emphasis nationally on bringing awareness to the problem of distracted driving. According to the National Highway Transportation Safety Administration (NHTSA), distracted drivers are responsible for an average of 5,500 deaths each year and 16 percent of all motor vehicle accidents are the result of distracted driving.

While drivers can be distracted by anything that takes their attention away from the road, including talking to other passengers, checking on young children in the backseat or eating, the most dangerous driver distractions are the electronic ones - like talking on a mobile phone or sending and reading text messages while driving.
- According to research preformed at the University of Utah, talking on a cell phone while driving slows a driver's reaction time the same amount as driving with a blood alcohol content of 0.08 percent.
- A study conducted by the Virginia Tech Transportation Institute found that those who text and drive are at 23 times greater risk of being involved in an accident than those who do not. Comparatively, those who talk on a cell phone or drink and drive only have a four times greater risk.
- On average, those sending a text message look at the screen for five seconds - the same amount of time it takes to drive the distance of a professional football field without looking up at the road a single time.

The dangers of texting and using cell phones while driving have led many states to pass legislation banning these behaviors. At last count, 30 states plus the District of Columbia prohibit drivers from texting while operating a motor vehicle. More than half of the states have a law prohibiting some or all drivers from using a hand-held cell phone while driving.

Florida May Pass Texting Ban in 2011

In 2010, there were 15 bills introduced in the Florida legislature that sought to ban texting and/or talking on a hand-held cell phone was driving. But none passed. This year, at least three bills seeking to ban texting while driving are awaiting consideration from Florida lawmakers when they return to session in March.

These bills include:
- SB 80: prohibits all drivers from texting while driving and using other forms of electronic communication, including email and instant messaging. The law would have primary enforcement and drivers who violate the law would be fined $100.
- SB 158: prohibits all drivers from texting while driving and the use of other "nonvoice interpersonal communication." The bill would permit the continued use of talking on cell phones while driving. The law would be subject to secondary enforcement (i.e. the driver would have to violate another traffic law prior to being cited). A driver's first offense would be a non-moving violation while any subsequent violations within five years of the first would be treated as moving violations. Drivers who caused a crash while texting would have six points assessed against their driver's license.
- HB 79: proposed legislation identical to SB 158.

At this point, it is unclear if Florida will join the majority of states and pass a texting ban, especially considering the inability of the state legislature to pass one of the 15 proposed texting bans last year.

Conclusion

If you have been involved in an accident with a distracted driver, you may have legal options available to you. For more information on your rights following a motor vehicle accident, contact a personal injury attorney. A lawyer experienced in helping car accident victims recover compensation for their losses can review your claim and explain your options.

Article provided by Carman & Bevington, P.A.
Visit us at www.tampabayaccidentlawyers.com