Florida Bill Would Toughen Distracted Driving Law
In Florida, distracted driving remains a deadly and widespread problem and a leading cause of traffic collisions. In 2022, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported 53,596 crashes and 268 fatalities involving distraction. That accounts for over 1,100 distracted driving accidents every week.
Distracted driving includes any activity that diverts your attention from safely operating a vehicle, whether it’s texting, adjusting the GPS, eating, or tending to passengers. As April observes National Distracted Driving Awareness Month, Florida officials are urging drivers to remember this simple message: Put it down. Focus on driving.
To help prevent crashes, the state is getting serious about distracted driving, and a new bill moving through the State Senate could make a big difference. Senate Bill 1318 proposes renaming the current “Florida Ban on Texting While Driving” to the broader “Florida Hands-Free Driving Law.” The original distracted driving law only prohibited texting while driving.
How would the new distracted driving law work?
The new hands-free driving law would make it illegal for drivers to hold a cellphone or use any wireless device in their hand while driving, except for quick taps to start or end a call or function. Right now, Florida law still allows drivers to hold their phones, but this bill would change that and make it a primary offense. This means police could pull drivers over just for violating it.
The push for change comes with good reason. The most recent crash data available for 2024 shows that Florida had over 697,000 crashes, including 14,003 serious injuries and 3,080 deaths. Distracted driving alone caused 2,289 of those injuries and 275 fatalities. Nearby Georgia passed a similar law, which led to a big drop in fatal crashes. In fact, Georgia saw a 34% decrease in deaths from distracted driving the year after its hands-free law took effect.
As the Florida bill approaches its final committee stop before heading to the Senate floor, advocates hope lawmakers will follow through on what they believe could be a life-saving change for drivers across the state.
What are the 4 types of distracted driving?
Distracted driving falls under four categories, including:
- Visual distractions: These occur when drivers take their eyes off the road, even for a few seconds, to glance at a GPS screen, check makeup in the mirror, or admire a scenic view. Visual distractions are especially dangerous because they can prevent drivers from noticing traffic signals, other vehicles, pedestrians, or hazards in time to react.
- Manual distractions: These happen when drivers' hands leave the steering wheel, which compromises the ability to steer and respond quickly. Common manual distractions include eating, drinking, adjusting the radio or air conditioning, reaching for a phone, digging through a bag, or even handing something to a passenger.
- Cognitive distractions: These involve anything that takes drivers' minds off the task of driving. Drivers might be looking at the road and keeping their hands on the wheel, but when their mind is elsewhere, this still counts as a distraction. This type of distraction is harder to detect but is just as dangerous as other types.
- Auditory distractions: These are sounds that pull drivers' attention away from driving. Loud music, ringing phones, incoming notifications, or noisy conversations can all interfere with focus. Additionally, sudden or jarring noises, especially those coming from inside a vehicle, can startle drivers or make it harder to hear emergency sirens, horns, or changes in engine noise.
How do you prove distracted driving?
Proving distracted driving in a car accident case can be challenging, but it’s often key to establishing fault and securing the maximum compensation a crash victim deserves. Since negligent drivers rarely admit they were distracted, proving it calls for a mix of physical evidence, digital data, and witness testimony. The evidence you need to prove distracted driving includes:
Cellphone records
One of the most common ways to prove distraction is through phone records. These can show if the driver was texting, calling, or using apps around the time of the crash. In some cases, an investigation can reveal more detailed logs and screen activity or app usage, with a subpoena or court order.
Witness statements
Bystanders, other drivers, or passengers may have seen the at-fault driver using their phone, eating, or engaging in some other distracting behavior just before the collision. Their accounts help paint a picture of what was happening inside the vehicle.
Police reports
Law enforcement officers often include details about possible distractions in crash reports. If a driver admits they were distracted, or if an officer observes evidence like an open food container or a phone in hand, that can support the claim. The police report may also note erratic behavior or failure to brake, which are red flags for distraction.
Surveillance or dashcam footage
Video evidence can be incredibly valuable. Traffic cameras, business security systems, or nearby dashcams may capture the moments leading up to the crash. This footage might show the driver looking down, veering out of a lane, or failing to stop in time.
Vehicle data and “black box” info
Modern vehicles often have onboard data recorders. These systems can show things like braking patterns, speed, and steering inputs. A lack of braking before impact, for example, might support the claim that the driver wasn’t paying attention.
Physical evidence inside the car
Sometimes, the evidence inside the vehicle tells the story. A phone unlocked on a messaging screen, spilled food, or a handheld gaming device can suggest the driver was doing something other than driving.
Hit by a distracted driver? Our Jacksonville attorneys can help you pursue the compensation you deserve
If you were hit by a distracted driver in Jacksonville, don’t wait to find out what your rights are. Talk to a Jacksonville distracted driving accident lawyer who understands what you're going through and knows how to help.
At Pajcic & Pajcic, our attorneys have seen how devastating these crashes can be. We know how to investigate distracted driving cases and hold negligent drivers accountable. We have a proven track record of getting maximum compensation for our clients, including a $4.3 million verdict for a client who suffered lifelong injuries because of a distracted driver.
We have the experience, resources, and commitment to fight for the compensation you deserve, whether that means negotiating a strong settlement or taking your case to trial. Contact us today for a free consultation. Let us review your case, answer your questions, and help you take the next step forward.
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