Reconsidering Florida’s Ban on Texting While Driving
In 2012 the Florida legislature enacted the state’s ban on texting while driving. The legislature, like those in most states, aimed to target the dangers that stem from distracted drivers who focus more on their phones than the road ahead and the safe operation of their vehicle. The year after Florida passed its texting-while-driving ban, there were approximately 3,000 deaths as a result of distracted-driving crashes, and many thousands more were injured.
Florida’s Ban on Texting While Driving
Florida’s ban on texting while driving prohibits a driver from reading or manually entering a message into a cellular phone for transmission, which includes texts, emails, and other messaging technologies. However, many say that the law does not go far enough to protect those on the road from distracted drivers. One reason is that a violation of Florida’s ban on texting is a secondary offense, meaning that a driver can only be cited for a violation if the conduct is coupled with some other violation of law for which they were detained. Earlier this year the upper and lower chamber of Florida’s legislature introduced measures to strengthen the current ban on texting while driving to include any use of a cellular device while operating a vehicle; however, such measures have not been successful as of yet. Without improvements to Florida’s texting ban, many unsuspecting drivers will continue to be exposed by the negligence of distracted drivers. By making texting while driving a primary offense and/or expanding the scope to include any manual use of a wireless device as a violation of law, Florida could help stem the tide of the over 400,000 injuries caused each year by distracted driving. Other measures include improving the education of the most typical offenders, including those drivers under the age of 20.
What To Do If You Are Injured by a Distracted Driver
If your injury was caused by a distracted driver you may be entitled to compensation for your injuries. Proving that the driver was negligent will likely require establishing that the driver was operating their mobile device at the time the accident occurred. Under Florida law, a driver’s cellular phone billing records are generally admissible as evidence in a cause of action for personal injury or death. With the help of an personal injury attorney, you can use cell phone billing records to help establish the timing of text messages and whether such activity may have played a role in causing your automobile accident.
Contact Us For Help
If you or someone you know was injured as a result of a distracted driver who was texting while operating a vehicle, call the Tallahassee personal injury attorneys of Barrett, Fasig & Brooks. The skilled professionals at the law firm of Barrett, Fasig & Brooks have many years of experience fighting for injured clients and can investigate whether a negligent driver was texting at the time of the accident that caused you injury. Call us today to set up your free initial consultation at (866) 346-4186 or (850) 224-3310.