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Is Florida Texting While Driving a Primary Offense?

December 4, 2017 | Category: Automobile Accidents | Share

A new bill is being discussed in Florida which could change texting while driving into a primary offense. The Senate Committee on Communications, Energy and Public Utilities began the first hearing on this new legislation, Senate Bill 90 (SB 90), October 24, 2017, according to NBC2 News.

Is Florida Texting While Driving a Primary Offense - Spivey LawAfter hearing from several parents and relatives of loved ones killed by distracted drivers, WTSP in Tampa reported that the Senate Committee finally moved SB 90 forward. From here, SB 90 would still have to clear three more committees before heading to the full legislature. 

Media coverage and statistics show that texting and driving is dangerous. Both the NHTSA (National Highway Traffic Safety Administration) and the NSC (National Safety Council) concur. 

  • The NHTSA reports that 3,540 people were killed in crashes involving distracted drivers in 2016. 
  • The NSC estimates 25 percent of car crashes involve the use of a cell phone, and distracted driving is one of the leading causes of teen car accidents.  

The Miami Herald reported in July 2016 that a 25 year-old man died when he lost control of his Ford Explorer. The SUV drifted into two palm trees; hit the center median, and flipped on top of a car traveling on the northbound side of the median. Police investigators found evidence that suggested the driver had been texting at the time of the accident. 

What makes texting while driving so dangerous? 

The Florida Highway Safety and Motor Vehicles Department says that texting involves three types of distractions, all three of which make it one of the most dangerous of distracted driving behaviors: 

  1. Visual distraction takes the driver’s eyes off the road.
  2. Manual distraction takes the driver’s hands off the wheel.
  3. Cognitive distraction takes the driver’s mind off the task of driving. 

Five seconds is the average time a driver’s eyes are off the road while texting. When traveling at 55 mph, Distraction.gov says it is enough time to cover the length of a football field blindfolded. 

What else is being done to stop texting while driving? 

In 44 States, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands text messaging is banned for all drivers. All but 4, including Florida, have primary enforcement. 

Some lawmakers propose equipping police with a device called a “Textalyzer” which would allow an officer investigating a crash to check a driver’s cell phone for activity prior to the wreck. 

In some states, drivers caught texting get points added to their driving record, which can lead to higher insurance rates. Other states have increased the penalties for texting offenders. 

“Distracted driving in all forms, including texting, needs to stop. Drivers need their complete attention on the task of driving. Things change quickly, and drivers need to be prepared to react positively. Should you or a loved one be injured in a distracted driving accident, contact Spivey Law Firm, Personal Injury Attorneys, P.A.,” said Fort Myers Car Accident Attorney, Randall Spivey. 

 

 

Fort Myers Car Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

 

 

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