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

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

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.

Recently, a distracted driver in Palm Beach jumped a drawbridge as it was opening because the driver was distracted by his GPS, a modern way to use maps. Florida has banned driving while texting, but there are still traditional forms of distracted driving that can cause an accident, including:

• Eating;
• Drinking;
• Personal grooming;
• Reading;
• Adjusting a radio;
• Reading a map;
• Reaching for an object; and
• Attending to a pet or child.

Unfortunately, Florida still allows drivers to use cell phones while driving. More importantly, a police officer would only issue a ticket for driving while texting to a driver they pulled over for another offense (e.g. failure to stop, running a red light) and would not pull a driver over for simply holding a cell phone while driving. This means drivers are still texting, driving and causing accidents.

What happens if someone is driving while texting and causes an accident?

A distracted driver may be liable for injuries caused in an accident. If you were in an accident with a driver and you suspect they were texting when the accident occurred, then you may be able to hold the other driver liable by filing a personal injury claim.

What should I do if a driver caused an accident because they were texting?

Make sure to collect all the information you can after an accident. Here are a few quick reminders of the information to collect and important next steps:

• Ask for the other driver’s information: make sure to get insurance information from the other driver.
• Collect information from witnesses: if there are witnesses make sure to quickly get their contact information.
• Document the accident: use your cell phone camera to take pictures of the damage to your car and the other driver’s car.
• Get a copy of the policy report: if the other driver was issued a ticket this will be key to your claim.
• Seek medical care for your injuries: make sure to see a medical professional if you have any injuries or begin to feel symptoms.

All accidents take an emotional and financial toll on those not at fault. Regardless of the circumstances surrounding the accident, if you or someone you know has been injured in a car accident, you may be entitled to compensation. This compensation can include pain and suffering damages, medical expenses, lost wages, property damage, or other losses. The Miami personal injury attorneys at Alan Goldfarb, P.A. know how to approach these cases to give you the best possible outcome. If you have any questions about a possible claim, contact us today and let us talk to you about your rights.

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.