Another Florida Car Accident Death Likely from Texting Behind the Wheel

January 29, 2013

Unfortunately, the news is becoming all too common of Floridians who die because they or someone else uses cell phones to text behind the wheel. Only 29 years old, a Tampa man died in a single-vehicle crash on a Tuesday evening in November 2012 near the Gandy Bridge in St. Petersburg. His cell phone was found in the front seat displaying an incomplete text message, suggesting that the driver had probably been texting when he lost control of his speeding car.

The driver apparently overcorrected after having veered onto the median and hit a power pole and palm trees. He died after being ejected from his Honda. How painful for family and friends to consider that a distraction may have caused a fatal accident.

Florida is one of only 11 states that do not have some type of ban on texting while driving. Various bills on the subject have been unsuccessfully introduced in the state legislature over the last decade. Safety advocates are more hopeful that 2013 might be the year something is enacted to penalize the behavior because some major opponents are not returning to the legislature, including the former speaker.

Opponents of a Florida ban on texting while driving have long described it as a limitation on personal freedom or a government intrusion.

The U.S. Centers for Disease Control and Prevention defines "distracted driving" as driving while simultaneously doing something else that takes your attention off the road, raising the risk of a crash. The CDC specifically points to texting while driving as a particularly dangerous distraction because it simultaneously requires the use of three main human skills that are at the same time needed for safe driving: eyes are taken off the road; hands are taken off the wheel; and the mind is not focused entirely on safe driving.

Public awareness of the problem may recently have been raised when Tampa was the site of Florida's first distracted driving summit in November 2012. U.S. Transportation Secretary Ray LaHood implored Floridians to push for a texting while driving ban. A panel of victims who had lost loved ones because of distracted driving accidents shared their stories.

If you or a loved one is injured in an accident because of the negligent or reckless use of a cell phone by the driver of a motor vehicle, or a family member dies, consult with an experienced Florida personal injury attorney to understand your rights and potential legal remedies.

Article provided by Perenich, Caulfield, Avril, & Noyes
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