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/

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

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.

• Cognitive Distractions: an activity that takes the driver’s mind away from driving.
• Visual Distractions: an activity causes the driver to look at anything other than traffic.
• Manual Distractions: an activity that causes the driver to take their hands off the wheel.

Texting while driving encompasses all three types of distraction. Other examples of distracted driving activities include:

• Talking on the phone;
• Eating;
• Drinking;
• Talking with passengers;
• Changing the radio;
• Grooming;
• Reading;
• Using GPS; or
• Watching videos.

The FDOT has estimated that drivers are 23 times more likely to cause an accident if they are texting and driving. In an effort to prevent accidents caused by distracted driving, Florida and other states have prohibited the use of cell phone while driving. While it is still legal to use a handheld device in Florida, other states completely ban the use of handheld devices while driving. The FDOT’s new ad campaign focuses on getting drivers to simply put down phone by downloading smartphone applications that will read text messages, or even prevent incoming text message while driving. Alternatively, the FDOT campaign encourages drivers to designate a passenger to read and send messages so that the driver can focus on the traffic.

Unfortunately, cell phones are a dominant part of American culture and their prevalence has fueled an increase in distracted driving and the accidents they cause. Texting while driving creates a deadly risk to drivers and innocent pedestrians. When a driver sends a text while driving they take their eyes off the road, or handheld device, for approximately 4.6 seconds. Driving at a rate of 55 miles per hours it’s like driving the length of a football field with a blindfold. This is more than enough distance to cause a life changing and devastating accident.

Contact an Attorney

Florida’s ban on texting while driving acknowledges the danger of distracted texting. If you or someone you know has been injured in a car accident and you suspect the other driver was texting while driving, then you may need to contact an attorney. You may be able receive compensation for loss wages, medical bills, property damage, and other losses. The Miami distracted driving attorneys at our firm can guide you through a legal claim for the best possible outcome. If you have any questions about a possible claim, contact Alan Goldfarb, P.A. today and let us talk to you about your case.

This program was established because distracted driving is dangerous. It doesn’t matter whether the distraction comes from cell phone use, eating while driving, doing makeup, or some other distraction; distracted drivers cause accidents and those accidents can be very serious. Drivers and passengers can be catastrophically injured and even killed. Hopefully this new program will help reduce the number and severity of distracted driving accidents that happen every day in Florida.

What the Program will Do

The program will create ‘safe phone zones’ where drivers can pull over and use their phones safely. Drivers will be alerted to the stops by billboards announcing when a safe phone zone is coming up on the road. Then the driver can pull over, use their phone, and get back on the road. There are currently 71 safe phone zones on Florida highways, with an additional nine planned under the program.

This program has been established on the heels of evidence that distracted driving is at least as dangerous as drunk driving. Researchers from the University of Utah recently studied this issue, finding that distracted drivers using a cell phone had delayed braking reactions, and are involved in more traffic accidents than when not using a cell phone.

Florida Distracted Driving Laws

As the law currently stands, there is a ban on using a cellphone’s texting function while driving. To be sure, under the “Florida Ban on Texting While Driving Law,” drivers are banned from texting and driving. But some argue that this law does not go far enough. One of the reasons is that while texting and driving is illegal, it is only a secondary offense. That means that a police officer cannot pull someone over for texting and driving unless the driver is doing something else that is against the law, for example, speeding or driving recklessly.

Beyond traffic laws, there are other laws that protect safe drivers from unsafe, distracted drivers. Personal injury law can compensate a victim of distracted driving. Under the law, every driver has a duty to drive reasonably. This duty is imposed on all of us to ensure that the roads are safe for everyone. If a driver breaches that duty, then they are financially responsible (liable) for the resulting injuries caused.

What to Do if Injured by a Distracted Driver

If you live in the Miami area and are injured in an accident by a distracted driver, contact us so we can evaluate your case. At Alan Goldfarb, P.A., we are prepared to advocate aggressively on your behalf to ensure you receive the compensation you deserve.

This amazing statistic raises the question: why would parents send this message to their children? The study addressed this question in part when parents responded that they know texting and driving poses a great risk to their children, even that it could cause their death. But while parents tell their children not to engage in distracted driving, the way the parents drive themselves sets a different tone entirely. The National Safety Council wants to help change this trend, and has put together a number of tools for parents to fix America’s distracted driving problems. Some of those tools include:

• driveithome.org – a website with videos, tutorials, blog, and other resources for parents and teens regarding safe driving.
• The Steer Your Teen in the Right Direction presentation – this is a presentation that can be downloaded for anyone to use as a way to raise awareness on teens driving safely.

There are many reasons why parents should use these resources and take distracted driving seriously, especially for the safety of themselves and their children.

Florida’s Laws on Distracted Driving

It is against the law to use electronic devices while driving under Florida’s ban on texting while driving. Passed in 2013, the purpose of this law is to:

• Improve the safety of roads for all Florida drivers;
• Prevent crashes that are increasingly being caused by texting, tweeting, or emailing while driving; and
• Reduce the amount of deaths, injuries, and damage to property that inevitably comes from texting and driving.

Basically, the law makes it illegal to type on any device that sends or receives data while driving. That means cellular phones, tablets, laptops, and other electronic devices are off limits to drivers. While this law can be an effective tool, it also has some problems. For example, this particular law makes texting while driving a secondary offense. That means a police officer can only cite a person for violating this law if they happen to be violating another law as well, such as speeding.

Beyond being against Florida’s traffic laws, driving distracted by using a phone or other device opens a driver to civil liability. Under common and statutory laws in Florida, drivers have a duty to drive reasonably and safely. If they breach that duty and get in an accident as a result, they will be liable for the damages they cause. This can mean injuries, hospital bills, damaged cars, lost wages and more. And in addition to being responsible for their own driving, parents could be liable for how their kids drive as well. Under Florida’s dangerous instrumentality laws if a parent owns the vehicle their teen drives they could be liable for accidents they cause as well.

Reach Out to Us Today

Distracted driving is a major problem in the Miami area and throughout Florida. Dealing with an accident caused by a distracted driver will disrupt a person’s life and cause a number of changes. If you have been injured in an accident in the Miami area, contact us at Alan Goldfarb, P.A. We prepared to fight for you in your case.

• Sending and receiving emails;
• Eating or drinking;
• Fixing makeup or doing hair;
• Watching videos on the phone or tablet;
• Adjusting navigation or radio systems; and
• Talking with or engaging in horseplay with passengers.

Driving distracted not only opens the driver and passengers of a car to a dangerous situation, it also opens the driver to legal troubles. When distracted drivers are involved in an accident, they can expect to be held liable for any damages they cause to fellow passengers and other drivers. In addition, Florida has laws prohibiting distracted driving, and the coming year may see a change in those laws aimed at improving this problem.

Florida Legislature to Introduce Bill to Crackdown on Distracted Driving

In an effort to reduce Florida’s problem with distracted driving, several Florida legislators have introduced new distracted driving bills. While Florida’s current laws make texting and driving illegal under most circumstances, the proposed legislation would increase the effectiveness of those laws in several ways:

• Making texting while driving a primary offense;
• Introducing additional fines for texting while in a school zone;
• Making the use of a cell phone during a fatal accident a criminal offense; and
• Banning all cellphone use in a school zone.

The legislators hope that these reforms will bring Florida’s laws more in line with other jurisdictions who are clamping down on distracted driving.

Florida’s Current Distracted Driving Laws

The current distracted driving law in Florida is known as “Florida Ban on Texting While Driving Law.” Under current law it is illegal to text while driving, but there are a number of loopholes in the law. For example, you can use your phone for navigation purposes, check weather alerts, use the phone while stationary – like when at a stoplight. And even if you are texting and driving, and a police officer sees you, the officer cannot pull you over because it is a secondary offense. Another problem is that the current law is overly narrow in how it defines using a phone, leaving open different ways to operate a phone in an effort to circumvent the law. Many people, the legislators introducing new legislation included, feel like current laws just don’t do enough to reduce distracted driving.

Conclusion

The attorneys at Alan Goldfarb, P.A. devote their practice to protecting the rights of victims. Too often Miami drivers become the victims of distracted driving, whether due to texting and driving or one of the other ways drivers distract themselves when they should be focused. When that happens, Alan Goldfarb, P.A. will be there to make sure you are fairly compensated.