Florida, like most states, prohibits the use of cellphones and other handheld devices while driving. Fla. Stat. §§ 316.305, 316.306. It is widely understood that a driver who causes an accident because he or she is texting while driving can face liability and may be responsible for punitive damages. Just like drunk driving, distracted driving poses an extreme safety risk to other drivers and pedestrians, and a Florida jury may similarly find that punitive damages are warranted where a driver causes an accident due to his or her attention being diverted away from the road to focus on a cellphone or tablet. According to the Florida Department of Highway Safety and Motors Vehicles (“FLHSMV”), distracted driving caused 346 fatalities and 2,729 serious bodily injuries in 2021. Additionally, 56,736 motor vehicle crashes were attributable to distracted driving in 2021.
What is Distracted Driving?
According to the FLHSMV, there are three types of driver distraction:
- Visual – taking your eyes off the road
- Manual – taking your hands off the wheel
- Cognitive – thinking about anything other than driving
Texting requires all three types of distraction, making it one of the most dangerous distracted driving behaviors.
Florida Ban on Texting While Driving
Pursuant to Fla. Stat. § 316.305, “[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 nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.” In essence, it is illegal to use your hands to text on any wireless communications device[1] while driving. Thus, voice texting and voice playback of information received via text message is permitted (collequally known as “hands-free texting”). The ban does not prohibit you from using your cell phone or other handheld device while your car is not moving (i.e., your vehicle is stationary and not being operated).
Practically speaking, this means that you can be pulled over and issued a ticket if an officer suspects you of texting while driving.[2] Repeated offenses may come with fines, other court-related fees, and points on your drivers license.[3] Tickets for this type of offense may also cause your insurance premiums to increase.
School and Work Zones
Pursuant to Fla. Stat. § 316.306, “[a] person may not operate a motor vehicle while using a wireless communications device in a handheld manner in a designated school crossing, school zone, or work zone area . . . .” This ban includes both talking on the phone as well as texting, emailing, or instant messaging.
If you are caught violating this law, you may receive a moving traffic violation, with a base $60 fine, not including costs and other fees, and three (3) points assessed against your drivers license.
Using Headphones, Earphones, and Headsets While Driving in Florida
Pursuant to Fla. Stat. § 316.304, “[n]o person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing.” This ban applies to both wireless and wired devices. You are, however, permitted to use a headset, headphones, earphones, earbud, or airpods if they provide sound through one ear only and permit surrounding sounds to be heard through the other ear. Put another way, you must have at least one ear free from any sort of listening device in order to hear traffic noises around you.
Preventing Distracted Driving
Driving responsibily means avoiding distracted driving at all costs. By paying attention to the road and your surroundings, you help ensure the saftey of other drivers, passengers, and passersby. While driving, make sure to put your mobile phone or other handheld device away – preferably out of sight. You might also consider putting your mobile phone or silent, or turning on airplace mode. Beyond that, you should refrain from eating or drinking in the car; limit the amount of time you spend focused on adjusting the radio or changing your playlist; and set all GPS locations prior to putting your car into drive.
Get Help from Robinson & Casey
If you or a loved one have been seriously or injured in a motor vehicle accident where distracted driving is a contributing factor, getting legal help as soon as possible might make a difference in the outcome of your accident claim. The experienced team of personal injury attorneys at Robinson & Casey has helped thousands of accident victims and might be able to handle communications with your insurance company so you can concentrate on your recovery. Call us today to schedule a free case evaluation so that you can learn more about your rights at 561-375-5204.
[1] A wireless communications device means any handheld device capable of being used in a handheld manner, that is designed or intended to receive or transmit text or character-based messages, access or store data, or connect to the Internet or any communication service and that allows text communications. This includes a cell phone, tablet, laptop, two-way messaging device, or an electronic game that can be used in a handheld manner.
[2] A first offense is punishable by a non—moving traffic violation with a base $30 fine, not including additional court costs or other fees, and no points assessed against your drivers license.
[3] A second offense within five (5) years is punishable by a moving traffic violation, with a base $60 fine, not including court costs and other fees, and three (3) points assessed against the driver license.
