New Florida Law Makes Texting While Driving Primary Offense

On July 1st, Florida became one of the last states to make texting while driving a primary offense. Prior to this law coming into full effect, officers were only allowed to cite drivers for texting if they were pulled over for another violation. Police officers are now able to stop and issue a citation on the basis of texting while driving.

The new law also bans the use of any handheld wireless communication device in school zones and construction zones. Below, we will take a look at statistics that back up just why texting and driving are a dangerous combination and a primary offense when you are behind the wheel.

Startling texting and driving statistics

Reported by The National Safety Council, it is stated that cell phone usage while driving relates to:

  • 6 million crashes each year
  • Nearly 390,000 injuries
  • Over 3,000 people per day die due to texting-related car accidents
  • 1 out of every 4 car accidents in the U.S.

To really put the severity of texting and driving into perspective, consider the following: drunk driving causes just about 10,000 fatal crashes and traffic deaths per year, and an individual is 6x’s more likely to get into a car crash while texting and driving than drinking and driving.

The statistics don’t end there

Not only are individuals 6x’s more likely to get into a car crash while texting and driving than drinking and driving, but cellphones have contributed to one-fourth of all car accidents. The act of speaking on a cellphone increases the risk of an accident by 2.2 times and texting increases the risk by 6.1 times.

Is using your GPS just as dangerous as texting and driving?

A survey conducted by The Zebra found that many individuals were likely to use a GPS app while driving. In fact, 60% of respondents stated they would use a GPS app while driving, though only 7% of those respondents thought it was dangerous.

In states such as California, an individual is not allowed to drive a motor vehicle while using a wireless device, even if it is for navigation purposes. However, individuals can use a device that is specifically configured to allow hands-free listening and talking if it is used as such.

Setting the example

It all begins with sharing an important message: the consequences of texting and driving aren’t worth the text. Discussing the dangers of texting and driving with your family and friends is one of the most effective ways of keeping your loved ones safe and aware. By setting the example, you pave the way for many others to follow. Set rules for both yourself and the household to obey.

Knowing the repercussions

Those who are convicted of a first offense of texting while driving will be fined $30. Second offenses will be fined $60, excluding court costs, fees, and points added to the individual’s license.

It is important to note that primary offense on the texting ban does not apply to drivers who are using a navigation device or system or to a driver whose vehicle is stationary.

What do I do if I was hit by someone texting while driving?

Being hit by someone that is texting while driving is, unfortunately, more common than it should be. If you’ve been hit by someone texting while driving, there are certain steps you should take moving forward.

1. Get the appropriate medical treatment

Your wellbeing comes first. If you have incurred severe injuries, it’s important to visit your local hospital, obtain appropriate medical treatment, and keep copies of the medical records.

2. Obtain a copy of the police report

It’s essential that you don’t miss this step. Ensure that you retrieve all of the other driver’s information including name, address, and insurance. If there were any witnesses at the scene, make sure to take their information down as well.

3. Contact witnesses to secure statements

Any accurate information to back up your story will help your case. If it’s possible, make sure to write down or record your witness’s statement as early-on as possible. This will assist with the accuracy of information as witnesses may forget later on what actually had happened at the scene of the accident.

4. Notify the prosecutor of your injuries before a plea

This is also a step you don’t want to overlook. Before the driver at fault hires a lawyer to plea the ticket they’ve received for illegal distracted driving, you must notify the prosecutor that you or your passenger were hurt as a result of the accident. In the end, this will influence the prosecutor’s decision to accept a plea to a reduced charge.

5. Track down additional documents

If there are any certificates of disposition related to the accident that state the driver plead guilty to the charges related to the accident, you’ll need to document this information to support your case.

What to do if the other driver’s insurance company contacts me?

It’s important to know that you aren’t required to correspond with the other driver’s insurance company. In fact, it may be in your best interest to instead pursue a lawyer to get involved after a car accident.

If the driver at fault’s insurance adjuster calls you after hiring a lawyer, you’ll then be able to inform them that your lawyer will be taking over communications. If you receive mail, you can ask your lawyer to take care of reviewing the information sent before signing anything.

Keep in mind that the insurance adjusters are focused on protecting the financial interests of their company. In many cases, they accomplish this by denying as many claims as they can and low-balling a possible settlement.

Get in touch with the DZ Firm

The DZ Firm warns drivers to be cautious of driving while using their handheld devices because it is a primary offense. If you’ve been injured by someone who was driving while texting and want to seek further legal action, get in touch with the DZ Firm, today. Give us a call: (800) 963-3311.

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