Despite that fact, Florida has not enacted a complete ban on texting while driving. Unlike many other states, it’s considered a secondary offense. Individuals cannot be ticketed unless they are breaking some other traffic law.

Meanwhile, Florida has some of the nation’s most dangerous roads and highways. In order to combat drivers endangering their own lives and others, Florida’s legislature is considering the wholesale banning of texting while driving. This will make texting while driving a “primary” offense and enable police to ticket motorists for that alone.

Civil Liability and Texting While Driving

As the Florida legislature ponders the benefits of making texting while driving a primary offense, there are civil penalties that a driver can be held liable for if they cause an accident as a result of texting.

All personal injury suits come down to a question of negligence. For a plaintiff to prove that another party is legally culpable for their injury, they must be able to prove that party was somehow responsible for it. Responsibility does not simply mean that they took some action that directly resulted in another’s injury. It can also mean that they did not take a sensible precaution in order to ensure other parties were not injured.

That being said, texting while driving is a form of distracted driving. The driver, in this case, makes a conscious choice to behave in a manner that endangers the lives of other motorists and pedestrians. Even though they do not intend to injure anyone, their choice can lead to direct harm. In Florida, and in most other states, this means that they are legally liable for any personal injuries another person incurs as a result of the accident they cause.

Texting While Driving Constitutes De Facto Negligence

If an individual involved in a car accident can be proven to have been texting while driving, this constitutes de facto negligence. This means that they committed a negligent act simply by virtue of having texted while driving.

In other words, they are responsible for your medical bills, pain and suffering, loss of work, damage to property, and any other harm caused to you in an auto accident.

The office of Alan Goldfarb, P.A. of Miami has handled numerous cases in which an injured party recouped damages from a distracted driver. While insurance may cover much of the damage to your car and your medical expenses, there are limits on insurance liability coverage that an insurance company will pay out. You may be entitled to more.

Give us a call at 305.371.3111 and we’ll ensure that you don’t get shortchanged by an underinsured driver or their insurance company.

Resources:

insurancejournal.com/news/southeast/2018/01/03/475923.htm

cdc.gov/motorvehiclesafety/distracted_driving/index.html

House Bill 33 would give Florida police officers the authority to stop motorists when they are spotted texting while driving.

Florida Lagging Behind the Rest of the Country

Florida is one of only a handful of states where police officers are not able to pull over a driver who is seen texting and driving. Distracted driving is categorized as a secondary offense, which means officers can only issue a citation for texting when a motorist is first pulled over for other traffic violation (e.g., speeding, non-functioning tail light, etc.). According to the Miami Herald, 14 states and Washington, D.C. prohibit motorists from using mobile devices when driving at all times.

House Bill 33 Still Has Legislative Hurdles to Overcome

As mentioned, House Bill 33 would allow Florida police to ticket motorists who were engaging in texting while driving and no other offense needs to have occurred. Though, House Bill 33 is not law yet. It must still pass through two more panels in the Florida legislature.

Texting While Driving is a Major Safety Issue

The reason states are passing laws prohibiting the use of cell phones while driving is because of the clear evidence showing the dangers of distracted driving. For example, according to the Florida Department of Highway Safety and Motor Vehicles, close to 50,000 automobile accidents in the Sunshine State were caused by distracted driving in 2016. If that was not bad enough, more than 200 of these accidents resulted in someone losing their life. The Virginia Tech Transportation Institute released a study showing that distracted drivers were more than twice as likely to be involved in an accident than other motorists who were not distracted.

Pursuing Financial Restitution Against a Distracted Driver Who Injured You

If you or a family member was involved in a car crash caused by a distracted driver, you can take

legal action to hold them accountable. This is because all motorists in Florida have a legal obligation to operate their cars, trucks, SUVs, etc. in a reasonably safe manner. Texting while driving is a clear violation of that duty and would constitute a breach of duty. If the distracted driver’s breach of duty proximately caused your accident, you can hold them liable for your harms and losses. This would enable you to seek compensation for the economic and non-economic harms and losses you

suffered as a result of the crash including:

• Medical expenses (incurred and future expenses)
• Lost wages (including potentially future earnings)
• Pain and suffering
• Punitive damages (depending on the facts of your case)

Do You Have Questions About Your Legal Rights After a Car Accident with a Distracted Driver? Speak to a Miami Car Accident Attorney

If you or a family member suffered a serious injury in a car accident in or around Miami, our personal injury law firm is ready and able to assist in pursuing compensation for you. Contact the experienced Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free consultation.

Resources:

wsvn.com/news/local/bill-to-ban-texting-while-driving-moves-forward-in-florida-house/

miamiherald.com/news/politics-government/state-politics/article188131609.html

Automobile accidents are the leading cause of death for teenagers nationally. In fact, approximately

2,333 people ages 16 to 19 died in car wrecks in 2015 alone. That same year, approximately 221,313 teenagers were treated in emergency departments for car accident injuries, according to the Centers for Disease Control and Prevention. In Florida, traffic-related deaths increased by almost 18 percent in 2015. If that was not bad enough, teenage driver deaths increased close to 30 percent in 2015, according to CBS Miami.

Texting and Driving a Serious Safety Issue

In 2015, approximately 3,477 people were killed in collisions involving a distracted driver. That same year, approximately 391,000 people were injured in wrecks involving a distracted driver.

Studies have shown that texting and driving is comparable to driving while under the influence of alcohol. This is primarily due to the delayed response time of a driver who is distracted. One prominent study featured drivers using a mobile device while driving and found that the driver’s attention was diverted for five seconds each time they looked down to check their phone. To put that into perspective, if you are travelling 55 mph, a five second delay is enough time to drive the length of an entire football field.

Previous Attempts to Strengthen Texting and Driving Laws

Representative Slosberg has tied to make texting while driving a primary offense in the past. She proposed a prior bill that would have made texting and driving a primary offense for drivers under the age of 18 and when a driver is texting behind the wheel in a school zone. Unfortunately, the Florida Legislature did not approve the earlier bills, but that has not deterred Representative Slosberg.

Personal Crusade to Make Florida Roads Safer

Representative Slosberg has been pursuing stronger texting and driving laws for personal reasons. Her twin sister died in a car wreck in 1996 after a 19-year-old driver decided to travel 90 mph in a 50 mph zone. The teen driver’s car hit a median and slammed into Slosberg’s vehicle. Representative Slosberg survived, but her sister did not.

Representative Slosberg intends to get all 67 counties to pass resolutions supporting her texting and driving proposal. If that is accomplished, she then hopes the change will pass in the House and the Senate and be approved by the Governor.

Contact an Experienced Miami Car Accident Lawyer Today

If you or a loved one was hit and injured by a distracted driver, speak to the experienced Miami car accident lawyers of the office of Alan Goldfarb, P.A. We are eager to assist you with your case.

Resources:

cdc.gov/motorvehiclesafety/teen_drivers/teendrivers_factsheet.html

miami.cbslocal.com/2017/07/26/state-rep-tougher-law-texting-while-driving/

Officers investigating the wreck determined that the negligent driver was partaking in a text message conversation when he spun out and hit the trooper, according to the Miami Herald. Police analyzed phone records and data from the vehicle’s airbag to arrive at the conclusion about texting and speeding.

The negligent driver turned himself in to the police and was charged with reckless driving with bodily injury and reckless driving with property damage, according to the aforementioned Miami Herald article.

The trooper hit by the texting driver had to be transported to the Ryder Trauma Center at Jackson Memorial Hospital. Doctors indicated that the trooper suffered major injuries to his face, spine and lower extremities necessitating surgery.

Texting and Driving is a Serious Safety Hazard

In 2015, approximately 3,477 people were killed and 391,000 were injured in motor vehicle accidents involving distracted drivers, according to the National Highway Traffic Safety Administration (NHTSA). It has been reported that over 600,000 drivers use cell phones while driving, which creates the serious risk of auto accidents resulting in death and debilitating injuries.

Studies have shown that texting while driving is equivalent to consuming four beers, according to Brain Injury Society. NHTSA conducted a study comparing texting while driving to drinking and driving. The federal agency determined that the impairment levels were shockingly similar.

Florida Law on Texting and Driving

Texting and driving is against the law in Florida. However, drivers continue to text behind the wheel and get away with it because Florida is one of just five states where texting and driving is not a primary offense, according to Fox 13 News. State lawmakers are working to change this and have filed new bills that would give police officers the power to pull you over simply for texting and driving. House bills 47 and 69 would also double fines in school zones and make texting while driving a primary offense for drivers under 18, according to the aforementioned Fox 13 News article.

Pursue Financial Restitution for Your Harms and Losses

If you or a loved one was injured by a careless driver who was texting while behind the wheel, you need to speak to an experienced Miami car accident lawyer today. A lawyer can help you in pursuing financial restitution for your harms and losses including medical expenses, lost wages and pain and suffering.

Miami Personal Injury Attorneys are Here to Help

Our team of Miami lawyers understands and appreciates how difficult recovery from a serious auto accident can be. We are here to help. Contact Alan Goldfarb, P.A. at (305)371-3111 or call toll-free at (866)936-9761 so we can talk about your situation.

Resources:

miamiherald.com/news/local/community/miami-dade/article149806134.html

nhtsa.gov/risky-driving/distracted-driving

bisociety.org/texting-while-driving-vs-drunk-driving-which-is-more-dangerous/

fox13news.com/news/local-news/225718004-story

Florida was ranked 49th (i.e. second worst in the country), ahead of only Louisiana in a comparative analysis of drivers using cellphones while operating a motor vehicle.

If the distracted driving ranking was not bad enough, Florida drivers were ranked 39th in overall driving safety.

No Restrictions on Texting and Driving

The rampant occurrence of texting and driving may be attributable to the fact that Florida is one of only four states that does not make texting while driving a primary offense. This means police cannot cite drivers for texting unless they are stopped for another infraction (e.g., speeding, running a red light, etc.). Texting while driving is only a secondary offense.

New Legislation Proposed to Address This Serious Issue

Despite the lax laws currently in place, there appears to be momentum building for stricter texting while driving regulations. In an example of bipartisanship, State Rep. Emily Slosberg (D-Boca Raton) and Sen. Rene Garcia (R-Miami) have introduced a piece of legislation that would make texting while driving for drivers under the age of 18 a primary offense. Another proposed bill would make texting while driving a primary offense for all drivers who operate a vehicle in a school zone.

Distracted Driving Puts Your Life at Risk

Each and every day, eight people lose their lives and over 1,100 suffer serious injuries in automobile accidents involving a distracted driver, according to the Centers for Disease Control and Prevention. The Florida Highway Safety and Motor Vehicles division reported that distracted driving contributed to 16.22 percent of injuries from car crashes and 7.34 percent of all statewide fatal auto accidents in 2015. That translates to nearly forty thousand people injured and over two hundred killed as a result of distracted driving, according to the Sun Sentinel.

Multiple studies have shown that texting while driving is equivalent to driving while drunk in terms of impairment. For example, if texting distracts you for five seconds while you are driving your vehicle at 55 mph on Interstate 95 or Route 997, you are effectively driving the entire length of a football field with your eyes closed, according to the National Highway Traffic Safety Administration. The American Automobile Association discovered that sixty percent of car crashes involving teenagers are caused by a distracted driver.

As you can see, the data is clear – texting and driving is extremely dangerous and puts you and your loved ones at risk of serious injury or death.

Contact an Experienced Miami Personal Injury Attorney Today

If you or a loved one was seriously injured, or died, in a collision caused by a distracted driver, contact our law firm right away. Our team of experienced Miami car accident injury lawyers at the office of Alan Goldfarb, P.A. have the knowledge and skills needed to seek financial restitution for your harms and losses. Contact our office today to schedule a no-cost, confidential case review.

Resources:

miamiherald.com/news/local/article145609144.html

sun-sentinel.com/opinion/commentary/fl-pcoped-texting-while-driving-bill-20170203-story.html

A man was killed and another one injured as a result of an accident involving a BMW and a Publix truck on US Highway 1 one recent Tuesday morning. The crash, which occurred in the early morning hours, shut down both sides of the highway as authorities worked to clear the wreckage and tried to assess what happened. The driver of the BMW was killed, and his passenger transported to an area hospital, though the driver of the truck was not physically injured. According to reports, the driver’s cell phone was found near his hand.

Distracted Driving – Dangerous And Deadly

While there is no determination in this case whether the accident was the result of distracted driving, the discovery of the cell phone near the driver’s hand does bring the possibility to light. Distracted driving – in particular, texting while driving – is a growing problem as society in general becomes more and more dependent upon technology and social media. The dangers of texting and driving are well documented and known to all of us, yet the practice shows little signs of stopping. Distracted driving in general is any type of activity, whether mental or physical, that causes a driver to take his or her focus off the road. It may be caused by any kind of electronic devices such as cell phones, DVD players, the radio, and navigation systems, other distractions both inside and outside the vehicle such as other passengers’ activities or an animal on the road, and even a driver’s wandering mind.

The Name Says It All

Florida law prohibits texting while driving – which can easily be determined just by the name of the law itself – “Florida’s Ban on Texting While Driving Law.” Enacted with the intent of improving safety on the roads for everyone using the road, preventing crashes, and reducing the human and property costs of crashes caused by texting and driving, the law authorizes police officers to cite drivers who are texting while driving – but only as a secondary offense after having been pulled over for another reason. Exceptions to the law are in place for those using electronic devices for valid reasons while behind the wheel, such as those working as emergency personnel, or to receive emergency or safety information, or for those using hands-free technology; in general, however, the ban applies to everyone behind the wheel of a vehicle being operated on Florida’s roads.

Have You Been Injured In An Accident Involving Distracted Driving?

If you or someone you love has been injured in an auto accident caused by distracted driving, it is important that you speak with an attorney to learn about your rights and responsibilities under Florida law. You may be entitled to compensation for your injuries and losses, but you will need to take prompt action to ensure you do not lose those valuable rights. The Miami attorneys at the office of Alan Goldfarb, P.A. will work with you to determine the best case strategy to maximize your results and will fight hard for your rights every step of the way. Contact us now so we may help you get the results you deserve.

Resource:

local10.com/traffic/fatal-crash-involving-publix-truck-bmw

Studies by groups like the National Highway Traffic Safety Administration (NHTSA) have given statistical proof to what people have known for years now: there are close parallels between the lack of control people experience while using cell phones while behind the wheel and the effects of driving while intoxicated.  Government studies of impairment in drivers who were texting while behind the wheel showed approximately the same rates of impaired driving, things like weaving into oncoming traffic, delayed braking, following too closely, etc., as were seen in drivers who had consumed four beers before operating a motor vehicle.

Enforcement crackdowns by police departments, less leniency in the courts, and extensive public awareness campaigns have caused the number of drunk driving fatalities in the United States to drop by around 25% over the last few years, but during this same time period the number of accidents that were caused by distracted drivers has increased by 22%, resulting in very little improvement in the overall safety of our nation’s roadways.  Texting while driving alone, according to the NHTSA, causes about 25% of all car accidents in our country; about 1.6 million each year.

Changing Laws

States and individual cities across the country have been rapidly passing laws to regulate the use of cell phones by drivers over the last few years, and at this time 41 states have made it illegal for people to text while driving.  In 11 states drivers are prohibited from using hand held cellular phones entirely.  The number of locations with these types of statutes is growing rapidly, so if you feel that it may be necessary for you to use your cell phone while driving it is a good idea to know what the laws in the areas you will be traveling through are in this regard: in many jurisdictions fines for violations can be substantial.

As of March 2016, It is currently not illegal to use a handheld or hands free cell phone for voice calls in the state of Florida, however it has been illegal since 2013 for any driver to text while operating a vehicle.  Texting while driving is considered a secondary offense, so a law enforcement officer cannot stop a driver for only that reason: there must be an underlying violation of some sort to initiate a traffic stop, at which point the driver may be ticketed.

Contact An Experienced Miami Car Accident Attorney

If you or somebody you know has been injured by a distracted driver in the Miami area, the attorneys at the office of Alan Goldfarb, P.A. can help.  Our legal team has the experience necessary to fight the insurance companies to make sure you get the full recovery you are entitled to.  In legal proceedings time is always of the essence, and we encourage you to speak with a member of our staff at 305-371-3111 or online today.

What is Distracted Driving?

The National Highway Traffic Safety Administration describes three type of distracted driving: visual (taking your eyes off the road), manual (taking your hands off the wheel) and cognitive (taking your mind off driving). Texting while driving involves all three; to be sure, it is visual (you look at your phone), manual (you pick up your phone) and cognitive (you think about about the contents and a possible response). Since the driver is distracted on all levels it is easy to cause an accident. In fact, the National Safety Council reported that nearly 28 percent of crashes involve texting drivers.

Minimize Distracted Driving

It can be difficult to predict what another driver may do while in the road. You may also choose to participate in a simulation to help keep the road safer by then choosing not to drive while distracted. A few simple actions can help drive less distracted:

• Have a designated phone operator. Ask one of your passengers to manage your phone for you.
• Place your phone out of reach or place it on silent mode. This way you are not distracted by notifications and tempted to respond.
• Use a handsfree device. This option is required in many states and is a good option for staying connected while driving.
• Set up your GPS before you leave. This will help keep you focused on driving to your destination instead of search for directions.

Let an Attorney Help

It is clear that legislators are learning about the dangers of distracted driving. In fact, Florida legislators will consider revising Florida’s text message ban this year. In the meantime, distracted drivers will continue to cause accidents. If you have been in an accident with a distracted driver, then you should speak with an attorney. The Miami distracted driving accident attorneys at the office of Alan Goldfarb, P.A. can help you with a distracted driving claim and ensure you are able to fully recover from your accident. Please contact us today to schedule a consultation.

Texting and Driving is a Secondary Offense

The National Highway Transportation Safety Administration reports that that at any moment in time there are nearly 660,000 drivers using cellphones or distracted by other handheld devices while driving. Sadly, these drivers cause nearly 3,154 fatal accidents each year. In an effort to decrease the number of accidents caused by distracted drivers in Florida, lawmakers have reintroduced a modification to the law that would authorize law enforcement officers to enforce Florida’s texting and driving laws. The Florida Ban on Texting While Driving Law makes texting and driving a secondary offense. This means that law enforcement officers do not have the authority to stop a driver just for texting and driving. To be sure, there has to be another reason for a stop before an officer can issue a citation for texting and driving.

Lawmakers will make and Driving a Primary Offense

Florida’s lawmakers have recognized that law enforcement’s inability to regulate texting and driving has only allowed the behavior to continue, resulting in traffic accidents and fatalities. House Bill 537, introduced by republican W. Keith Perry, revises Florida’s law and makes texting and driving a primary offense. This change would finally give police officers the authority needed to stop drivers and issue citations for texting and driving. If the new law passes, it would go into effect on October 1, 2016.

Drivers don’t fear Consequence of Texting and Driving

This change in the law is very important as a survey conducted by State Farm Insurance Co. reveals that cell phones use has decreased, but texting while driving has remained nearly the same. Furthermore, using a device to access the Internet has nearly doubled going from 13 in 2009 percent to 29 percent in 2015.

Seek Help from an Attorney

While we all understand the dangers of distracted and texting driving, drivers never believe they will cause an accident that may seriously or fatally injure another person. This change in Florida may cause drivers to think twice before texting and driving, but it’s almost certain that accidents caused by texting drivers will still occur. If a texting driver has injured you, the Miami attorneys at the office of Alan Goldfarb, P.A. can help you seek compensation for your injuries. Contact us today at 305-371-3111 to schedule an appointment to talk about your accident.

Unfortunately, even with an abundance of campaigns, distracted driving still occurs. Here are some important reminders about how to avoid distracted driving, as well as causing a car accident this season.

What is Distracted Driving?

Not all drivers realize that distracted driving is more than the act of taking your eyes off the road. The National Highway Traffic Safety Administration describes three type of distracted driving:

• Visual Distractions: any action that causes a driver to take their eyes off the road. This includes checking phone messages, rummaging through your bag or locating your morning cup of coffee for before a quick sip.
• Manual Distractions: any action that causes a driver to take their hands off the wheel, which impairs a driver’s vehicle control, and reduce a driver’s reaction time. This includes adjusting the radio, messaging, and sending emails.
• Cognitive Distractions: any action that takes your thoughts away from driving. This includes things that we may not see as distracting such as mulling over the day’s events or rehearsing a speech for an important event.

Usually, distractions are combined. Texting is a visual, manual and cognitive distraction, increasing a driver’s chances of causing an accident. In fact, the National Safety Council reported that nearly 28% of crashes involved a driver talking or texting.

How Can I minimize Distracted Driving?

It is clear that driving while distracted is dangerous, and yet drivers continue to operate vehicles while focusing on something other than driving. Most of us can recall being in the car with a driver who was doing something other than driving. It is hard to change behavior overnight, but these tips can help you decrease your distracted driving:

• Avoid texting and driving. Designate a passenger to operate your cell phone if you need to stay connected while driving.
• Make sure your teen does not drive distracted. If you have a teen driver, then make sure you make it clear that texting and driving is forbidden.
• Plan your trip before you start driving. Look up driving directions and place them in your GPS before you start driving.
• Turn your phone off. Or place your phone on silent while you are driving so that you are not tempted to answer calls while driving. If you must use your phone, use a hands free device.
• Adjust your radio or music stream when you are at a red light.

Let an Attorney Help

Distracted driving often leads to serious accidents. If a distracted driver has injured you or a loved one, then you may need help from an attorney. Please contact the Miami distracted driving accident attorneys at the office of Alan Goldfarb, P.A. We can advise you on the best way to file your claim and help you recover fully from your accident. Please contact us today to schedule a consultation.