Florida mulls texting while driving ban--again

April 19, 2013

Florida mulls texting while driving ban--again

Article provided by Nance, Cacciatore, Hamilton, Barger, Nance, Cacciatore
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The danger that texting while driving poses has been a common subject in the media lately. Despite all of the media attention, many people have been reluctant to leave their world of instant messaging and up-to-the-minute status reports of their friends while behind the wheel. In response, many states have adopted texting while driving bans in an attempt to reduce the number of car accidents caused by this dangerous behavior.

However, despite several attempts in the past, Florida is among the five states nationwide that has not successfully passed a ban. In spite of their failure to change this fact in the past, legislators are in the process of trying again.

The House Economics Committee recently passed House Bill 13, which would outlaw texting while driving. Specifically, the bill would prohibit using a handheld device, such as a smartphone or tablet computer, to send or read e-mails, texts or instant messages while operating a motor vehicle.

However, the bill would not prohibit all texting while behind the wheel. For example the bill would allow texting while the vehicle is stationary. Also, law enforcement, paramedics and firefighters performing their official duties would not be included in the ban. Additionally, it would not be illegal to text to report an emergency or suspicious activity to law enforcement. Finally, the ban would not include receiving messages that are related to the navigation of the vehicle or are safety-related (e.g. traffic or weather reports).

The bill would make texting while driving a secondary offense, meaning that law enforcement can only issue a citation after stopping the car for another offense (e.g. speeding). In addition to the officer's testimony, the bill would allow the driver's billing records for the communication device to be used to prove that a violation occurred.

Violators of the law would face a $30 fine. Additionally, if a car accident occurs because of a violation, the driver may be assessed points against his or her license.

Consult an attorney

It is unclear if the bill will eventually become law. Regardless of the outcome, drivers who text face a possible civil lawsuit. Under Florida law, such conduct while behind the wheel can be considered negligent. Under the law, people who are injured as a result of negligence can recover damages such as lost wages, present and future medical expenses and pain and suffering. Additionally, texting drivers who cause a fatal car accident can face a wrongful death lawsuit.

If you or a loved one has been injured as a result of a careless or inattentive driver, contact an experienced personal injury attorney to learn about your right to compensation and to hold the responsible party accountable for his or her negligent actions.