A driver glancing at a phone can cause a devastating, life-altering accident in seconds. While everyone knows texting and driving is dangerous, not all Floridians understand the state’s specific laws—or how a violation can dramatically impact your rights after a crash.
Florida has taken a clear stance against this behavior, and knowing the rules is essential for protecting yourself on the road and in a courtroom.
The Law: Florida’s Ban on Texting While Driving
Under Florida Statute 316.305, it’s illegal to operate a motor vehicle while manually typing on a wireless device. This is a primary offense, meaning an officer can pull you over for this violation alone. To raise public awareness, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) launched its “Put It Down: Focus on Driving” campaign.
The rule gets even stricter in designated school and work zones, where any handheld use of a cell phone is prohibited.
Penalties for Violators
Florida uses a graduated penalty system for texting-while-driving infractions:
- First Offense: A non-moving traffic violation with a base fine of $30 plus court costs.
- Second Offense (within 5 years): A moving violation with a $60 base fine and three points assessed against the driver’s license.
While the fines seem minor, the true consequence is the physical and financial damage a distracted driver can inflict.
How a Texting Violation Impacts Your Injury Claim
If a distracted driver injures you, their texting violation is powerful evidence of negligence. Proving negligence is the cornerstone of any personal injury case. This becomes especially critical because of Florida’s specific liability rules.
Understanding what comparative negligence is in Florida is key. If you’re found to be even partially at fault for the accident, your compensation is reduced. If you’re found 51% or more at fault, you get nothing. Evidence of the other driver’s illegal phone use helps ensure the fault is placed squarely where it belongs, protecting your right to recovery.
Steps to Take After a Crash with a Distracted Driver
Your actions immediately after an accident are vital. You must act to preserve evidence that can prove your case.
- Tell the Responding Officer: When you call 911, make sure you tell the officer you saw the other driver using their phone. This observation can be documented in the official crash report.
- Identify Witnesses: Ask anyone who stopped if they also saw the other driver on their phone. Their independent testimony can be invaluable.
- Consult an Attorney Immediately: This is the most important step. An experienced personal injury attorney can subpoena the at-fault driver’s cell phone records, which provide undeniable proof of texting at the time of the crash.
These immediate priorities represent just the beginning of a comprehensive post-accident strategy that protects your legal rights in Florida.
The Weldon & Rothman, PL Difference
The moments after an accident are confusing, but you shouldn’t have to face an insurance company alone. At Weldon & Rothman, PL, we fight for individuals injured by careless drivers. We know how to gather the evidence needed to prove negligence and will hold the at-fault party accountable.
If you were hurt by a distracted driver in Southwest Florida, contact the personal injury attorneys at Weldon & Rothman, PL for a free, confidential consultation.