Posts in category: Distracted Driving

Recent legislation passed by the Florida House would have cracked down on distracted driving, but the Senate refused to even hear the bill.

Bill HB 33 was passed by the Florida House of Representatives 112-2, and Governor Rick Scott even gave it his blessing, meaning the bill likely would have been signed into law if passed by the Senate. However, Florida Senate President Joe Negron refused to hear the bill, effectively killing it.

Currently, texting while driving is only a secondary offense. This means that drivers can only be ticketed if pulled over for another offense. Furthermore, the fine for distracted driving is only $20 – not much motivation to put cell phones away and focus on the road.

Why is this such a big deal? Because distracted driving is extremely hazardous. It significantly slows a driver’s reaction time, meaning that a distracted driver has much less time to perceive hazards and react to avoid an accident. In fact, some studies suggest that distracted driving is just as dangerous as drunk driving.

There are many ways that drivers distract themselves while on the road, but these days the most common driver distraction is cell phone use, particularly texting or other means of written communication.

Using Smartphones While Driving: A Deadly Combination

Florida is the second-worst state in the nation for distracted driving, with over 50,000 distracted driving accidents annually – that’s more than five crashes every hour. Distracted driving crashes are often very serious, with over 3,500 serious injuries and 233 deaths occurring annually due to distracted driving.

In fact, these statistics may be an underestimate. According to Florida Highway Patrol Sgt. Mark Wysocky, people are unlikely to volunteer the fact that they were distracted prior to a crash. This means that many more crashes than officially recorded could involve distracted driving.

There are three categories of driver distraction:

• Visual: Taking your eyes off the road
• Manual: Taking your hands off of the steering wheel
• Cognitive: Thinking about things other than driving

Using cell phones and texting while driving requires all three categories of distraction, making texting and driving one of the most dangerous types of distracted driving.

This is why most states have outlawed texting or other means of written communication (such as email and social media) while driving and passed legislation to make it a primary offense.

This means that police are able to stop and cite drivers who use handheld cell phones while driving even if they are not engaged in any other improper driving behaviors. In some states, such as New York, it’s even an offense to talk on a cell phone while driving.

Florida is on the opposite end of that spectrum. We are one of only four states that has not yet made texting while driving a primary offense.

HB 33 would have changed this, finally giving law enforcement the ability to pull drivers over for texting on their cell phones while driving without the requirement that they were disobeying any other laws. Unfortunately, the blockage of Bill HB 33 means that this is unlikely to change anytime soon.

What does this mean for Florida drivers? The bottom line is that law enforcement has little power to stop distracted driving here – police are hamstrung to prevent this dangerous behavior by the law itself. In fact, the only way to hold distracted drivers accountable if you are injured by their negligence is to file a personal injury auto accident claim.

Personal Injury Claims for Distracted Driving in Florida

If you are injured in a car accident that was not your fault and believe that the other driver may have been using a handheld cell phone at the time of the crash, take action by filing a personal injury claim. This will help to address financial concerns arising from the accident and injury, and will also hold the other driver accountable for his or her negligence.

To win, your personal injury attorney will need to present evidence proving the required elements of a negligent injury case. These include the fact that the other driver had a duty to drive safely, that they breached this duty, that you were injured because of this breach, and that your injuries have caused you financial damages.

Our experienced Florida injury lawyers can review your situation and help you determine if you have a viable case. Succeed in your lawsuit and you will win well-deserved compensation for you and your family, while also holding the distracted driver accountable, hopefully discouraging them from making the same mistake in the future.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Drunk driving. Dangerous road design. Inclement weather.

These are some of the common causes of auto accidents on Florida roadways. But of all of the hazards that threaten Florida roadways, distracted driving has proven to be the most dangerous.

According to some studies, drivers who are talking on their phones while driving show greater signs of impairment than drunk drivers. Research has also shown that the accident rate for drivers who are using their cellphone is higher than for drivers who have a blood alcohol content of .08 percent.

Distracted driving accidents have risen 25 percent in the last three years, with thousands of texting-while-driving accidents alone occurring annually. As distracted driving accidents in Florida continue to skyrocket, lawmakers are stepping in.

In 2013, state officials voted to make texting while driving a secondary non-criminal traffic offense. However, this law on its own has proven to be ineffective, since it only covers the act of texting and not looking at the screen or having a conversation on the phone. It is also a difficult rule to enforce, since in order to be pulled over legally, drivers must have already violated some other traffic law.

That’s why the Florida Department of Transportation has taken an additional step to combat distracted driving in our state. Earlier this month, the FDOT launched a campaign to establish 64 “Safe Phone Zones” in rest areas, welcome centers, and turnpike service plazas across the state. You can view a map of current Safe Phone Zone locations here. Campaigns like these are not uncommon, and have been met with varying levels of success, but this one is interesting for a number of reasons.

Large blue highway signs have been placed along Florida roads, leading drivers to these Safe Phone Zones. Within Safe Phone facilities, signs remind drivers to take the chance to use their phones in a safe location. As the FDOT Assistant Secretary for Engineering and Operations explained in a press release, “By calling our rest areas, welcome centers, and service plazas ‘Safe Phone Zones’, we are saying they are much more than just rest stops—they are safe stops.”

The Limitations of Safe Phone Zones

The launch of Safe Phone Zones across our state will hopefully encourage drivers to pull over to a safe location before answering a text or making a call on their phones. However, while phones may represent one of the deadliest driving distractions, they are hardly the only ones.

One glaring issue with Safe Phone Zones is they fail to address major driving distractions beyond cell phone usage, including:

Smoking activities. Smoking, lighting a cigarette, and ashing a cigarette can all serve as both cognitive and physical distractions when driving, yet thousands of Florida drivers smoke while driving on a daily basis.

Adjusting music and climate control systems. In the seconds it takes to adjust music or climate control systems, motor vehicles can travel a great distance, and drivers can end up making a deadly error.

Eating and drinking. While fast food restaurants and American culture alike may encourage eating and drinking in our cars, drivers who use their vehicle as a dining room can cause serious, often fatal accidents.

Passengers. According to some studies, as much as five percent of distracted driving fatalities involve a driver who was talking to or looking at another passenger.

Outside objects. Sights, sounds, and activities going on outside of our cars can be distracting too. Seven percent of distracted driving accidents occurred when drivers were looking at on outside object, such as a billboard or post-wreck cleanup.

Being lost in thought. More than half of all fatal distracted driving accidents are attributed to being “lost in thought” or thinking of things other than the driving task at hand, making it one of the most dangerous types of distracted driving behaviors.

In order to put a stop to distracted driving in our community, it’s important to recognize and address all types of distracted driving behaviors. While setting up Safe Phone Zones to discourage cell phone usage when driving is a powerful first step, it is only the beginning of our state’s journey to distracted driving-free roadways.

As a driver, you can help reduce distracted driving accidents by remaining aware of your own driving behaviors. Anything that takes your full attention from driving—whether it be texting, singing along to the radio, or sipping a smoothie—could lead to an accident, and should be postponed until your vehicle has come to a full stop.

And if you have been a victim of a distracted driving accident, you can raise awareness of our state’s serious distracted driving problem by holding the driver accountable in an auto accident claim. Talk to a knowledgeable auto accident attorney to learn how you can take a stand against distracted driving in Florida, while seeking compensation for medical bills, lost wages, and other costs related to recovery.