Understanding Distracted Driving

Florida is in the minority in that it has not yet implemented a complete cell phone ban like most other states. In fact, while state law bans texting and driving, it does not ban handheld cell phone use altogether (although many people are wising up and using hands free devices, which is becoming more convenient since many newer vehicles have Bluetooth technology integrated in the vehicle).

The problem with distracted driving is that when you are driving on a public roadway, you owe a duty toward other drivers to act reasonably safe and observe traffic laws. Distracted driving may be visual, in which you take your eyes off the road, manual, where you remove your hands from the steering wheel, or cognitive, where you “zone out” or become focused on something else besides driving. If someone has become distracted and they cause an accident, which causes injury or damage to another, they may be held liable.

Youth Offenders

The most common distracted driver is the one that grew up with a cell phone glued to their hand: many young drivers (under the age of 20) involved in fatal accidents were distracted at the time of the accident and consistently had the most frequent reports of distracted driving. Though this is the most common age, 69% of drivers ranging from ages 18-64 admitted to texting when driving within the last 30 days. This is a problem that spans all age groups and can affect any driver, passenger, or pedestrian on the road. The state of Florida implemented a “graduated license” program for new drivers that restricts driving at certain times and the passengers that can be in the car. While this program aims to limit distracted driving and allow young drivers to ease into being on the road, the cell phone, GPS, and other electronic devices are not part of this program and run the risk of creating distractions that may have grave consequences to others.

Miami, Florida Distracted Driving Accident Attorneys

It is easy to get distracted while in the car. No one can truthfully say they have never taken their eyes off the road to adjust the radio, take a call, or pick up a dropped item. Regardless of the innocent motives behind these actions, a distracted driver that causes harm to another individual may be liable to the injured party under Florida law. If you or anyone you know has been injured or killed in an auto accident involving a distracted driver, or any auto accident, our knowledgeable distracted driving lawyers in Miami, Florida can help. We understand that you want justice for the harm that was caused, and will work with you through this emotionally difficult time. We are always available to hear about your case; please contact our Miami offices today.

Distracted Driving

Critics of such laws ponder why texting is forbidden but driving with a cigarette in your hand, a dog on your lap, a cheeseburger stuffed in your mouth, hot coffee between your legs, or turning around to console an upset child is not penalized. While no law explicitly prevents these types of behaviors, inattentive driving can still get you in trouble with the law. Speeding up, slowing down, swerving, or veering outside of your lane are all good reasons for an officer to pull you over and investigate the situation. If the deviation from traffic laws is significant enough, a distracted driver may be charged with reckless driving, which can have severe penalties.

According to a Florida Highway Safety and Motor Vehicles Department study, 83% of drivers reported that distracted drivers and drivers using cell phones is something they consider an extremely serious problem. This is a reasonable fear, considering an estimated 421,000 people were injured in motor vehicle accidents involving distracted drivers in 2011 nationwide.

The studies also indicated that most states that do not allow hand-held phone use to make calls do allow hands-free calling. However, studies indicate that this change does not affect a driver’s performance any differently. Researchers speculate that it is the conversation and not holding of the phone that is the ultimate distraction. If that is true, then where to draw the line will be difficult for lawmakers across the nation. Surely a driver will not be prohibited from talking to their passenger or entertaining their children on a long drive.

Also, texting and driving is only a secondary offense in Florida as the law is written now. This means an officer must pull you over for something other than texting and driving as the primary offense, but can secondarily cite you for cell phone use. Many stricter states that ban holding a phone while talking also make texting a primary offense—something that an officer can pull you over for directly. The future of cell phone use for Florida drivers is unclear at this point. Given that Florida is in the minority regarding cell phone laws, it is likely to appear on a ballot in the near future.

What If I Was In An Accident Involving a Distracted Driver?

All accidents take a profound emotional 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. Our experienced car accident 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.