Florida continues to be a holdout state when it comes to texting while driving. The first statewide ban on texting while driving was enacted in Washington in 2007, and since that time 32 other states have followed suit. But although a number of bills addressing the subject have been introduced in the last two legislative sessions, Florida remains one of the few states that does not regulate the use of any kind of mobile device while behind the wheel.
Other states regulate many types of mobile phone use by drivers-banning texting, or specifying that only emergency calls can be made, or that hands-free devices must be used, or enacting special rules for teen drivers, who have statistically higher accident rates. In the most recent legislative session, a bill was passed that would have banned texting while driving by teens, Gov. Rick Scott elected not to sign it into law.
A bill introduced in Congress in the last legislative session called the "ALERT Drivers Act" would have withheld federal highway funds from states that did not enact laws banning texting while driving, but that bill died in committee, as well.
Many studies have been done on texting while driving and indicate that it is a dangerous practice responsible for many accidents. One governmental study found that 21 percent of crashes that resulted in injury nationwide were caused by distracted driving, which includes texting or calling on a cell phone, among other distractions.
A Texting Ban Would Help Injured Motorists Protect Their Rights
Under current Florida law, if someone is injured in a car accident and sues the other driver, possible cell phone use or texting by the other driver could signify that the other driver was negligent. But because Florida has no texting while driving ban, there is no guarantee that the jury would be persuaded that the driver was negligent, or even that the evidence that the driver was texting at the time would be allowed into the trial by the judge. If Florida had such a law, however, a violation of that law would be considered by the jury in deciding negligence. Thus, a texting or cell phone ban would not only protect drivers on the road in the future, but would also help victims injured in an accident obtain compensation they may be entitled to for their injuries.
