Is Texting and Driving Illegal in Florida?

Texting and Driving Facts | Florida Distracted Driving Laws | LaBovick Law Group of West Palm Beach

We all know how dangerous it is. Reading a text. Responding. While trying to keep our minds and eyes on the road. It doesn’t work. “Multi-tasking” is a myth: when it comes to driving, there is only one task on which we need to focus. Driving. Or else you’ll end up in a car accident.

Florida distracted driving laws have changed. Why doesn’t everyone know about it? Unfortunately, the publicity campaign around this topic was yanked, so the change isn’t getting a ton of coverage. You’re going to have to know your texting and driving facts, though, because it’s now illegal to do the two together.

What’s Changing?

As of Oct. 1, 2019, texting while driving has been banned. The tickets you’ll get are fairly reasonable. The first offense is $30, and the second is $60. Nonetheless, why get any fine if you can avoid it? And why text and drive when it’s become clear that doing so increases your risk of an accident?

To best understand what qualifies as texting while driving, consider the language of the law:

“A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of non-voice interpersonal communication, including, but not limited to, communication methods known as texting, emailing, and instant messaging.”

A first offense will not carry any points on your license, but if you’re cited twice in a five-year period, you will be issued points.

That seems pretty clear cut: don’t text and drive. There are some exceptions that you need to know.

What Are The Exceptions?

There are sensible exceptions to the rule. For instance, when a vehicle is stationary, the law doesn’t consider it subject to the texting ban. In other words, you can pick up your phone so long as your vehicle is stopped. That means it’s OK to take a quick glance while stationary at a red light. This does not mean it’s OK to do so while creeping forward. Stationary means stationary.

You can also text while driving if you’re reporting an emergency or criminal activity to law enforcement. Reading messages related to navigation is still OK, as is reading messages about the vehicle’s operation. You can also still read safety information like alerts about emergencies, traffic, and weather.

Can Police Pull Me Over for Texting?

Police aren’t supposed to pull you over just for texting. The texting ban is a secondary offense. A secondary offense means that it can only be cited if the officer pulled you over for a different, primary violation (e.g., speeding).

If you’re pulled over for speeding or running a stop sign, then law enforcement can also cite you for texting while driving. If they have no reason for pulling you over in the first place, they’re not supposed to do so simply to cite you for texting while driving.

The offense is considered worse if texting in a school zone or when an accident is involved. Considering that the National Safety Council reports that cell phone use leads to 1.6 million accidents a year, there is an increased risk of an accident while texting.

Texting and Driving Facts

  1. Free Accident Case Evaluation Those 1.6 million accidents a year are only the tip of the iceberg. In fact, one out of every four car accidents in the U.S. is caused by texting and driving. Glancing at your screen can cost you precious seconds – which can lead to collisions and accidents.
  2. Consider how clear the information about drunk driving is. It’s obvious that you shouldn’t drive while drunk. Texting isn’t considered as “bad” like drunk driving, yet it’s 6 times more likely to cause an accident. It’s even more dangerous! Put the phone down. Wait to answer a call or respond to a text. You can always pull over – or just hold on for a few minutes. It’s worth your life.
  3. How can texting possibly be so dangerous? Think about the amount of time you take your eyes off the road. The average text means you’re looking elsewhere for five seconds. If you’re going at 55 mph, that’s enough time to travel 100 yards. If someone’s stomped on the brakes in front of you, someone’s changed lanes, or someone runs into the road, you may not have time to stop and avoid an accident.
  4. Keep in mind that five seconds is only an average. It could be two, five, ten… or more. If someone said you could drive but you’d randomly go blind for stretches as long as 10 seconds, you’d never get behind the wheel. It would be too dangerous. You certainly wouldn’t want other people driving like that. Yet this is what someone does every time they answer a text.
  5. Ensure that your children know the new Florida distracted driving law and take it seriously. Of all fatal accidents involving teen drivers, a whopping 21% are caused by cell phone distraction. The text can wait.
  6. While 94% of drivers support a ban on texting while operating a vehicle, 35% still text and drive anyway. You don’t need to break out a calculator to realize that are a lot of people who support a ban that they’d violate regularly. 

To many, this is a rule that applies to others, but not to themselves. They imagine it could never happen to them because they’re somehow more responsible than others. This is not realistic. Everyone who gets into an accident and injures themselves or someone else while texting imagined that it wouldn’t happen to them. If they imagined it would, they wouldn’t have texted while driving.

If you or someone you love is injured by someone who’s texting and driving, you may be able to prove the other driver was acting carelessly. It’s wise in this case to speak with a car accident lawyer about what you can do to ensure financial compensation for physical trauma and the financial and emotional trauma that can result from it.

It’s easy to get started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

It’s Easy to Get Started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.