The statistics on cell phone related automobile distracted driving deaths are staggering. Moreover, most would agree that if the driver was not distracted with a phone, an accident and death would not have occurred. Accordingly, lawmakers have struggled to pass reasonable laws to fix this problem.

Overall, in 2015, there were 3,263 distracted driving deaths, as compared with 48,613 motor vehicle fatalities – comprising 7% of all fatalities. In Florida, the teenage population experienced an increase in injuries of 18 percent, while fatalities have increased 30 percent in 2015 alone. As of 2019, these statistics have only stayed the same or gotten worse.

Lawmakers in Florida have passed a law that makes it illegal to use a cellphone while driving. The law states as follows: A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging. As used in this section, the term “wireless communications device” means any handheld device used or capable of being used in a handheld manner, that is designed or intended to receive or transmit text or character-based messages, access or store data, or connect to the Internet or any communications service as defined in s. 812.15 and that allows text communications.

For the purposes of this paragraph, a motor vehicle that is stationary is not being operated and is not subject to the prohibition in this paragraph. For violation of this law, the cost of the ticket is $60.00 per violation and will cost the driver three points on their driver’s license. As such, drivers in Florida should avoid use of cell phones while driving. It was expected that this law would make a significant impact in the population of drivers using cell phones while driving. However, in my practice, I am still finding that cell phone distracted driving is very prevalent amongst the people I litigate against for causing motor vehicle crashes. If you, a friend or loved one has had a motor vehicle crash, contact me. I have 22 years of experience in successfully handling these cases.