Florida Distracted Driving Law: Cell Phone Use, Fines & Injury Claims

Distracted driving is one of the leading causes of serious accidents across Florida. According to the Florida Department of Highway Safety and Motor Vehicles, a crash happens every 44 seconds in Florida, and about one in seven involves a distracted driver. From texting behind the wheel to scrolling through social media, these risky behaviors put everyone on the road in danger.

If you’ve been hurt by a distracted driver, you should know Florida’s distracted driving laws, the penalties involved, and how you can pursue compensation. A Miami personal injury lawyer at SteinLaw is here to guide you through your options. Contact us for a free consultation.

What Does Florida Law Say About Distracted Driving?

Florida law (section 316.305, Florida Statutes) makes texting while driving a primary offense, which means law enforcement officers can pull drivers over solely for texting. This includes:

• Sending or reading text messages
• Writing or reading emails
• Typing into any form of instant messaging app

The texting ban doesn’t apply while your vehicle is stopped. It also has exceptions for reporting an emergency or crime, using navigation, receiving safety, traffic, or weather alerts, and using voice-operated or hands-free features.

In addition, Florida prohibits handheld phone use in designated school crossings, school zones, and work zones. Drivers must use hands-free devices in these areas to avoid citations. The work zone rule applies only when construction workers are present or operating equipment.

Fines and Penalties for Distracted Driving in Florida

The penalties for distracted driving vary depending on the circumstances:

• First offense: $30 fine, plus court costs and fees, with no points on your license
• Second offense (within 5 years): $60 fine, plus court costs, and three points on your license
• School or work zone violations: $60 fine, plus court costs and three points, even on a first offense. First-time offenders may avoid the fine and points by completing an approved driving safety course or by showing proof they bought hands-free equipment.
• Phone use that causes a crash: six points on your license

These penalties may not seem severe, but distracted driving can quickly escalate into serious crashes, often leaving victims with costly medical bills and long recovery times.

How Distracted Driving Leads to Accidents

Taking your eyes off the road for just a few seconds can have devastating consequences. At 55 mph, looking down at your phone for five seconds is like driving the length of a football field blindfolded.

Common crashes caused by distracted driving include:

• Rear-end collisions
• Side-swipe or lane-drift accidents
• Intersection crashes when drivers miss red lights or stop signs
• Pedestrian and bicycle accidents

Injury Claims After a Distracted Driving Accident

If you’re injured by a distracted driver in Florida, you may be entitled to compensation beyond what your Personal Injury Protection (PIP) coverage provides. A personal injury claim can help you recover damages for:

• Medical expenses
• Lost wages and reduced earning capacity
• Pain and suffering
• Property damage

Proving distraction isn’t always easy. That’s where working with a Miami personal injury lawyer can make a difference. At SteinLaw, we investigate phone records, traffic camera footage, and witness testimony to show that distraction played a role in the crash. Learn more about how we handle car accident claims.

How Phone Use Gets Proven After a Crash

Drivers rarely admit they were on their phone, and police can’t search a phone without a warrant or the driver’s consent. The proof usually comes from evidence gathered after the crash, such as:

• Phone records. When a crash causes injury or death, Florida law allows the driver’s billing records to be used as evidence of a texting violation. Call and data logs can also be requested during a lawsuit.
• Witness statements from people who saw the driver looking down or holding a phone
• Traffic camera, dashcam, and nearby security camera footage
• The police report, including any texting citation or statements the driver made at the scene
• Vehicle data showing whether the driver braked before impact

Some of this evidence gets deleted or recorded over quickly, so it helps to act fast.

How Shared Fault Affects Your Claim

Insurance companies often argue that the injured person was partly to blame. Florida follows a modified comparative negligence rule under section 768.81, Florida Statutes. Your compensation is reduced by your percentage of fault, so if you’re found 20% at fault, your recovery drops by 20%. If you’re found more than 50% at fault, you can’t recover damages from the other driver.

Proof that the other driver was on their phone can shift fault where it belongs. In a close case, that can make a real difference in what you recover.

What to Do After a Distracted Driving Accident

• Call 911 to report the crash and request medical assistance.
• Document the scene by taking photos of the vehicles, road conditions, and your injuries.
• Gather witness information from anyone who saw the driver on their phone.
• Write down what you noticed, such as the other driver looking down or holding a phone.
• Seek medical care immediately, even if you feel okay. Under Florida’s PIP law, you generally need treatment within 14 days to use your PIP benefits.
• Avoid giving a recorded statement to the other driver’s insurance company before you talk to a lawyer.
• Contact SteinLaw to discuss your legal options and protect your rights.

Contact a Florida Distracted Driving Accident Lawyer Today

At SteinLaw, we know the challenges victims face after being injured by a distracted driver. That’s why we provide each client with their attorney’s direct phone number, so your questions never go unanswered.

If you’ve been hurt in a distracted driving accident in Florida, contact us and complete our online consultation form for a free case review.

Frequently Asked Questions

1. Is Florida a hands-free state?

Not statewide. Florida bans texting while driving everywhere, but handheld phone calls are only banned in designated school crossings, school zones, and active work zones. In those areas, you must use your phone hands-free.

2. Is it illegal to use a GPS app while driving in Florida?

No, using GPS is allowed, but it must be used hands-free in school or work zones.

3. Can I use hands-free devices while driving in Florida?

Yes, hands-free phone calls are legal statewide, and they’re required in school and work zones.

4. Can I get a ticket for texting at a red light in Florida?

Generally, no. Florida’s texting law doesn’t apply while your vehicle is stationary. Once your car is moving again, the ban applies.

5. Can I still file a claim if the distracted driver didn’t get a ticket?

Yes. A citation can help, but it isn’t required. Your claim depends on whether the other driver was negligent, which can be shown through phone records, witnesses, video, and other evidence.

6. How long do I have to file a distracted driving claim in Florida?

Generally, you have two years from the date of the accident to file a personal injury claim, under section 95.11, Florida Statutes. The two-year deadline applies to crashes on or after March 24, 2023.