Texting while driving is one of the most dangerous behaviors on Florida roads. A momentary glance at a phone can result in catastrophic injuries or fatal crashes. To address this growing problem, Florida enacted a strict texting while driving law aimed at reducing distracted driving and holding motorists accountable.
At Fenimore Injury Law, we regularly help injured victims understand how traffic laws apply after a crash. If you or a loved one were hurt by a distracted driver, knowing how Florida’s texting while driving law works can make a significant difference in your injury claim.
What Is Florida’s Texting While Driving Law?
Florida Statute 316.305 makes it illegal for drivers to manually type, send, or read text messages while operating a motor vehicle. The law classifies texting while driving as a primary offense, meaning law enforcement officers can stop and ticket drivers solely for violating this statute.
This law applies to all motor vehicles on Florida roadways, including cars, trucks, motorcycles, and commercial vehicles.
What Counts as Texting While Driving?
Under Florida law, texting includes manually typing or entering letters, numbers, symbols, or characters into a wireless communications device. This also includes reading text messages, emails, or instant messages while driving.
Using a phone for voice calls is still permitted, as are hands-free navigation apps. However, drivers cannot physically hold and manipulate their phones to send or read messages.
Penalties for Texting While Driving in Florida
Violating Florida’s texting while driving law can lead to several penalties:
- First offense fine of $30 plus court costs
- Second offense fine of $60 plus court costs
- Points added to the driver’s license
- Increased fines in school zones or work zones
While these fines may seem minor, the consequences become far more serious when texting causes an accident resulting in injuries or death.
Texting While Driving and Personal Injury Claims
When a distracted driver causes a crash, their violation of Florida law can be powerful evidence in a personal injury claim. Texting while driving may establish negligence, which is a key element in recovering compensation.
Accident victims may be entitled to damages for:
- Medical expenses
- Lost wages
- Pain and suffering
- Future medical care
- Permanent disability
Proving that a driver was texting often requires cell phone records, witness statements, crash reports, and accident reconstruction.
Florida’s Comparative Fault Rule
Florida follows a modified comparative fault system. This means an injured person’s compensation may be reduced if they share some responsibility for the crash.
For example, if a victim is found 20 percent at fault, their compensation is reduced by 20 percent. However, if they are more than 50 percent at fault, they may be barred from recovering damages.
Why Distracted Driving Is So Dangerous
According to the National Highway Traffic Safety Administration, distracted driving claimed over 3,000 lives nationwide in a single year. Texting while driving is especially dangerous because it combines visual, manual, and cognitive distraction.
At highway speeds, reading a text for just five seconds is like driving the length of a football field with your eyes closed.
Steps to Take After a Texting While Driving Accident
If you believe a distracted driver caused your accident, take these steps if possible:
- Call 911 and request law enforcement
- Seek immediate medical attention
- Document the scene with photos and videos
- Collect witness contact information
- Avoid discussing fault with insurance companies
How Fenimore Injury Law Can Help
Texting while driving cases can be complex. Insurance companies often dispute fault and downplay injuries. Fenimore Injury Law investigates every detail to build strong cases for injured clients.
Our team understands Florida traffic laws and how to use distracted driving evidence to pursue full compensation. We handle all communication with insurers so clients can focus on recovery.
Talk to a Florida Injury Lawyer Today
If you were injured by a driver who was texting behind the wheel, you do not have to navigate the legal process alone. Florida law protects victims of distracted driving.
Contact Fenimore Injury Law today to discuss your options and learn how Florida’s texting while driving law may support your injury claim.