• Perez-Gurri Law Firm

Distracted Drivers and Florida’s Texting While Driving Ban

Distracted drivers are a leading cause of car accidents. In 2012, more than 3,000 people died and 421,00 sustained injuries in the United States from car accidents caused by distracted drivers.


What is distracted driving?


Distracted driving is any activity that diverts a driver’s attention from the primary task at hand. Distracted driving not only endangers the driver and passengers, but it threatens innocent pedestrians and other drivers and passengers. Examples of distracted driving include driving while:

  • Texting;

  • Eating and drinking;

  • Talking to passengers or on a cell phone;

  • Using a navigation system;

  • Adjusting music; or

  • Grooming.

It is not surprising that some of the most egregious distracted driver offenders are young and inexperienced drivers, who comprise 16% of all distracted driver accidents.


Florida Takes Action to Curb Distracted Drivers

Last October, Florida passed legislation that made texting while driving illegal in Florida. It has been more than a year since the law was enacted, and it appears that Florida police infrequently enforce the texting while driving ban.


Since the ban went into effect, according to Florida Highway Patrol, only 352 texting while driving citations have been issued, compared to 50,000 non-criminal moving violations just in Miami-Dade County. One reason for the lack of enforcement seems to be that texting while driving is only a secondary offense, which means that a citation may only be issued if there is a primary offense, such as running a red light.


Florida State Representative, Irving Slosberg, criticized the state legislature for reducing the offense from a primary to a secondary offense. He believes that politics won out over public safety and “unfortunately there’s no lobbyist for public safety.”


What can be done if you are a victim of a distracted driver?

Unfortunately, it is impossible to entirely eliminate the presence of distracted drivers and the risk they pose on the roads. Distracted drivers will be on the roads and will continue to cause car accidents.


If you are in a car accident caused by someone else’s negligence or reckless conduct, you may be able to recover compensation for your injuries. Possible damages you may receive include compensation for medical bills, property damage, lost wages, emotional and physical pain, and suffering.

An experienced car accident attorney can help you navigate the complicated insurance and legal process to make sure you receive fair compensation.


Contact a Miami Florida Car Accident Attorney

If you or a loved one has been involved in a car accident caused by another driver’s negligence, you should speak with an attorney to protect your rights. The Perez-Gurri Law Firm is experienced in handling all types of car accidentsthroughout Miami and South Florida.


Contact our firm today for a free initial case consultation or visit our office in Coral Gables, Florida. We want to help protect your rights and help you obtain the compensation you deserve.