Texting and Driving in Florida: Why it’s Hazardous – and Illegal

Texting and driving – a form of distracted driving – represents a significant safety hazard for those traveling Miami’s highways and city streets. The issue is one of statewide significance and the subject of a recently passed Florida traffic law. Statistics show there were more than 4,500 cellphone-related distracted driving accidents in Florida in 2012, according to WLRN-FM. At least 255 crashes were attributed to texting and driving. Law enforcement officials estimate the actual number of texting and driving accidents is much higher due to underreporting throughout the state. A report from Miami Herald states there were roughly 85 fatalities between 2010 and 2011 that were linked to texting and driving in Florida. Safety experts, including the National Highway Traffic Safety Administration (NHTSA), say there is no way to determine how many minor collisions in Miami can be attributed to distracted drivers.

What the Safety Experts Have to Say About Texting and Driving  

The dangers of texting and driving were widely articulated in a landmark 2009 study by the Virginia Tech Transportation Institute. This study found drivers who text and drive are 23 times more likely to cause a crash than a driver who devotes his or her attention to the road. This figure was reached based on analysis of a driver’s “eye glance,” or where his or her gaze is fixed during critical driving situations. In late 2013, researchers at Virginia Tech Transportation Institute followed up their initial study with a more comprehensive look at distracted driving. The findings confirmed that text messaging is one of the most dangerous activities in which a driver can participate. Based on findings from both studies, Virginia Tech Transportation Institute has advocated for state and federal laws banning texting and driving.

Why Texting and Driving is Such a Safety Hazard

Why is texting and driving considered such a safety concern? Below are a few factors to consider – compiled from various texting and driving studies and informational sites – when evaluating the issue of texting while driving:

  • A person’s eyes – and attention – are taken off the road a minimum of five seconds when texting while driving. Five seconds at 55 miles per hour is a distance equivalent to a football field.
  • Of drivers ages 18 to 20 years who were involved in car accidents, 13 percent admitted to texting or using a cellphone while driving.
  • NHTSA reports 11 percent of fatal accidents involving drivers ages 19 and younger involved distracted drivers at the time of the crash.
  • Studies show young drivers may not recognize how texting and driving can compromise safety. One survey showed 77 percent of young adult drivers were confident they could send or read texts safely while driving. Meanwhile, 55 percent of young adult drivers assert it is easy to text and drive.
  • Texting and driving is a pervasive problem for young drivers but is a concern for drivers of all ages. In one survey, 34 percent of drivers admitted to texting while driving.

These are just a few examples of how and why texting while driving presents a significant safety concern in Miami and beyond. Preventing Texting and Driving Accidents Legislation, law enforcement and public awareness are among the top ways to prevent texting and driving accidents. Specific strategies include:

  • State and federal lawmakers instituting bans on texting while driving – At this time, 41 states have instituted a ban on texting while driving for all drivers. Meanwhile, federal regulations prohibit commercial truck drivers from texting while driving.
  • Police enforcement of texting bans – Drivers may curb texting behavior if there is a financial incentive not to text and drive. In other words, a desire to avoid a ticket and accompanying fine.
  • Public safety campaigns – Organizations like the Federal Communications Commission, NHTSA and Florida Department of Transportation have launched public safety campaigns to educate drivers about the dangers of texting and driving. Many of these efforts highlight accident statistics and traffic fatalities associated with distracted driving behavior.

A number of legislative and public safety efforts are aimed at preventing teens and other young drivers from texting while driving. Suggested strategies for parents include:

  • Texting and driving apps – Parents can download smartphone applications that allow them to monitor a teen’s driving behavior. Such apps can alert a parent to when a teen driver is texting in a moving car.
  • Discussing the dangers – Parents can educate teens and young drivers about the specific dangers associated with texting and driving and other driver distractions, such as browsing the Web.
  • Revoking driving privileges as needed – A parent can establish strict guidelines and revoke driving privileges in the event of a violation of the “no-text” rule.

Unfortunately, there is no 100 percent effective preventive method at this time.

Florida’s Texting and Driving Laws – Do they go far enough?  

Effective Oct. 1, 2013, texting while driving became a citable offense in Florida. Florida Statute 316.305, known also as the “Florida Ban on Texting While Driving Law,” stipulates drivers may not manually type letters, numbers, symbols or other characters into a wireless communication device while operating a vehicle. The ban applies to sending text messages as well as instant messages and emails. Critics of the law have identified several perceived weaknesses, including:

  •  texting and driving is classified as a “secondary offense,” meaning a police officer may not pull over a driver based only on his or her texting and driving;
  • drivers still may text when stopped in traffic or at a red light;
  • drivers may send text messages if they are related to navigating a vehicle or other matters, such as traffic or weather alerts; and
  • the first violation is subject to a $30 fine.

In critiquing the law, a Miami Herald editorial said there are “quite a few gaps” in the statute and that “texting and driving has become as lethal as drinking and driving and should be treated equally seriously by the Legislature.” You may have the right to file a negligence claim or lawsuit if you were injured as a result of a distracted driver. Call our Miami offices to schedule a free case evaluation – 305-649-5060.

 

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