Distracted behavior like texting while driving continues to cause car accidents in Florida, with cell phone use being one of the leading causes of traffic accidents. Despite legislation aimed at curbing this dangerous behavior, distracted driving remains a major concern for both law enforcement and drivers throughout the Sunshine State.
Causes and Consequences of Distracted Driving Accidents
Distracted driving encompasses three main types of distraction: visual, manual, and cognitive. Visual distraction means that you are taking your eyes off the road, while manual distraction means that you’re taking your hands off the wheel. Cognitive distraction happens when you are not paying attention to driving. The reason that texting while driving is really dangerous is becasue it combines all three of these dangerous driving behaviors at the same time.
Beyond the immediate physical dangers, texting while driving creates a cycle of unsafe behaviors. Common activities that contribute to driver distraction include eating, adjusting the radio or climate controls, dealing with children, talking to passengers, and using GPS navigation systems.
Texting While Driving Accidents in Florida
Florida car accident statistics related to distracted driving paint a sobering picture. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), a crash occurs every 44 seconds in the state, with one in seven crashes involving distracted drivers. In 2023, nearly 300 people died due to distracted driving in Florida, representing a 23-death increase from the previous year.
Florida is almost always ranked with the worst states when it comes to distracted driving. Recent data shows that Florida ranks second-worst in the nation for distracted driving, trailing only Louisiana. The state experiences more than 48,000 accidents involving distracted drivers annually. In 2021, Florida Highway Safety and Motor Vehicles investigated over 56,000 distracted driving crashes, resulting in 333 fatalities—the highest recorded in at least eight year.
Legal Implications for Texting While Driving Victims
Under Florida Statute 316.305, known as the “Florida Ban on Texting While Driving Law,” drivers cannot manually type or enter multiple characters into wireless devices for nonvoice interpersonal communication while operating a motor vehicle. This law, which took effect on July 1, 2019, made texting while driving a primary offense, allowing law enforcement to stop and cite drivers solely for this behavior.
The penalties for distracted driving violations include a $30 fine for first-time offenders plus court costs. Second offenses within five years carry a $60 fine, court costs, and three points on the driver’s license. Additional penalties apply for violations in school and construction zones. However, these relatively modest fines pale in comparison to the potential civil liability facing distracted drivers who cause accidents.
Orlando car accident attorneys play a crucial role in helping victims recover losses from distracted driving crashes. They assist clients by establishing negligence through evidence collection, including phone records, witness statements, and traffic camera footage that can prove the driver was using their device at the time of the crash. This evidence is crucial because proving distracted driving can be challenging, as it often requires witness testimony or electronic records to establish that the driver was using their phone during the accident.
Attorneys fight for compensation for medical expenses that exceed Florida’s Personal Injury Protection (PIP) coverage limits, lost wages and diminished earning capacity, property damage to vehicles and personal belongings, pain and suffering, and future medical and rehabilitation costs. In cases involving clear negligence through distracted driving, victims may also be eligible for punitive damages designed to punish particularly reckless behavior.
Call 407-846-2240 for a free consultation with an Orlando car accident attorney at the Martinez Manglardi personal injury law firm. Convenient locations throughout Central Florida, including Orlando, Kissimmee, Apopka, Palm Bay, Ocala, Haines City, and Davenport.
