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As we protect our client interests, we move quickly to gather the important evidence. Now, Florida has joined 39 other states and the District of Columbia to restrict cell phone and held-hand device usage behind the wheel. In death and serious injury cases cell phone records can be used in the prosecution of claims. As Orlando car accident lawyers we have long supported commonsense restrictions on texting and driving. We have seen too many avoidable tragedies. Of course, the new law is not perfect.
The Florida Senate passed a modified version of the Use of Wireless Communications Devices While Driving bill, which makes texting illegal while driving with exceptions. It also prohibits instant messaging or emailing. Importantly, police can only charge a driver when another offense has been committed. So, the no texting law is only charged as a secondary offense with a $30 fine. Subsequent violations result in a $60 fine and drivers will be assessed points if they have a repeat offense within five years.
There are many exceptions which weaken the law and make it difficult to enforce. The law allows for texting at red lights, while pulled over, and if a voice texting system is used.
According to the National Highway Traffic Safety Administration, texting while driving makes crashes more than 20 times more likely.
While the law is a start, it will not prevent the dangers of texting because drivers will first have to be pulled over for another violation, and then police will have to determine if the driver was texting versus other permitted uses of cell phones. Obviously, we agree with local agencies that an all-out ban would be easier to enforce; and, therefore, provide better deterrence.
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