THE TEXTING AND DRIVING LAW IN FLORIDA

1 IN 4 Car Accidents Are Caused By Distracted Drivers

Texting and driving is dangerous. Most people would agree with that statement. If your phone makes a “ding,” its hard not to take a quick look as you cruise down the road. As a car accident lawyer in Kendall, FL I have seen many car accidents that were cause by a distracted driver. Lets do some math, say you are driving 55mph, you glance down at your phone for 5 seconds, in that time, you would have driven 403 feet, which is longer than a football field! A lot can happen in that distance, traffic comes to a stop, people may try to cross the street, you may start to drift out of your lane or even debris may be in the road.

Texting and driving has been against the law in Florida for a while now. However, it used to be a secondary offense, meaning a police couldn’t pull you over just for texting. Recently, texting and driving has been moved to a primary offense, meaning if a police officer catches you texting and driving, you could face some pretty stiff fines.

The new rules went  into effect on July 1. The law define  a wireless device as “any hand held device that is designed or intended to allow two-way voice communication, to receive or transmit text-based or character-based messages, to record or view images, to access or store data, or to connect to the internet or to any communications service.”

There are some exceptions to the Texting and Driving law.

1. You can check your phone at a red-light. The law is clear that your vehicle must be in motion

2. You can use your phone to make emergency calls.

3. You can use your GPS functions so long as it is out of your hands. (you need one of those phone holders)

4. A police officer may ask to see your phone, however you do not have to show it to them without a warrant. The law makes it clear that “In the event of a crash resulting in death or serious bodily injury a user’s billing records for a wireless communications device or the testimony of, or written statements from, appropriate authorities receiving such messages may be admissible as evidence in any proceeding to determine whether a violation [h]as been committed.”

5. You can still talk on the phone, but preferably through blue tooth or on speaker.

The National Safety Council estimates that 1 in 4 car accidents are caused by texting and driving. As a car accident lawyer in Kendall, FL, I almost always subpoena the cell phone records of the driver that hit my client. A lot of the time, the records will show that a text was sent at the time of the accident. If that’s the case, it is much easier to prove negligence on the part of the driver.  If you cause a car accident, you open not only yourself up to a lawsuit but also the person that owns the vehicle. The consequences of texting and driving could be life and death. No matter what the text is, it is never worth the risk.

If you or someone you know has been injured by a driver that was texting and driving in Miami, FL, give us a call. Our car accident lawyer in Kendall, FL is always available to answers questions free of charge. Call 786-815-6296 for FREE CONSULTATION.

www.caracccidentlawyerkendall.com

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s