Understanding Texting and Driving Laws in Florida

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Reason for New Law

“I have to live the rest of my life without my daughter,” said Steve Augello, an activist for the “no texting while driving in Florida” law. Five years ago, Allie was involved in a fatal motor vehicle collision with another driver. Investigators concluded that the accident resulted due to the distraction of the other motorist who was texting and driving. Allie’s case is only one out of too many unfortunate cases resulting in personal injury or death due to the distraction of another driver. The U.S. Department of Transportation has revealed that in 2010, 387,000 people were injured in motor vehicle collisions due to these so-called “distracted drivers.” In 2011, this amount increased to a total of 416,000 people.

Scientists working for Direct Line auto insurance recently acknowledged that texting and driving could be more dangerous than driving under the influence. The research leading to this revelation included a simulator for the purpose of imitating a motor vehicle. Reaction times of drivers under the influence, and reaction times of drivers on their cell phones were compared. Specifically, the results yielded that reaction times of drivers on their cell phones is 30% slower than that of intoxicated drivers. Correspondingly, reaction times of drivers on their cell phones were 50% slower than that of regular drivers not under the influence and not on their cell phones.

It is undeniable that our society’s high interest for cell phones is playing a major role in the increase of accidents due to texting distractions. A cell phone this day and age is essentially a mini-computer. One can send emails, instant messages, texts, and more. With a majority of the states already banning text messaging while driving, it is not unusual that Florida has joined the no texting while driving bandwagon.

Clarity Regarding New Law

As of October 1, 2013, if a driver in Florida is suspected of committing a traffic violation while texting, said driver can be fined up to $60. In other words, a fine for texting while driving will only be imposed as a secondary offense when coupled with the suspicion of another traffic violation. The statute expressing this recent law is titled: “Wireless communications devices; prohibition.” The language used in the statute has the tendency to lead one to believe that the main issue is texting via cellphone while driving. Although cell phones are a part of the big problem, it cannot be ignored that there is a reason why the statute’s author used the broad term “wireless communications devices.” Thus, the statute supplies a definition for said term. A wireless communication device is any electronic device that can be held by hand and that serves as a portal for communication. It is true that cell phones win the gold medal for being the main problem, however, other devices such as I-Pad’s and mini-computers that can be held by hand and that serve as portals for communication, are also a part of the “distraction problem.”

Exceptions

The statute’s language expresses that no driver will be punished if the vehicle he is operating is parked or momentarily stopped (i.e., stationary). Thus, as previously referred to, only one that is simultaneously driving and texting, and deemed suspicious for committing some other traffic violation, is susceptible to punishment. Exceptions to the new law apply to law enforcement officials performing their duties and to persons communicating with law enforcement officials regarding suspicious activity. Also, one that is driving and receives information regarding an emergency, the weather, and/or traffic, is immune.

Repetition of Violation

The statute provides that if one is fined for more than one texting while driving violation within a five-year period, a moving violation will be imposed. A moving violation allocates points to the driving record of such violator.

Proving Cause of Accident

The billing record of a wireless user can only be used against him in the event of a motor vehicle accident caused by him while texting and driving, which results in personal injury or death. These records would be used in the legal proceeding as a source of evidence to prove the cause of accident.
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Hit and Run Accident on Interstate I-195

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A story in the news recently brought home how reckless and irresponsible some Florida drivers can be. At approximately 1AM on a Friday morning, an unidentified driver struck a pedestrian in the eastbound lanes of I-195 near North Miami Avenue, and then kept going, leaving the victim in the middle of the road. It is possible that inclement weather may have played a role in the accident, but due to the lack of witness accounts and the driver leaving the scene, the cause is unclear.

Although the Highway Patrol is actively searching for the driver – seeking a vehicle with extensive damage to the front end and possibly a broken headlight – no witnesses were able to give a description of the hit-and-run vehicle, so they do not have any identifying information such as make, model, year, or even color. FHP is requesting that anyone with a possible lead call Miami-Dade Crime Stoppers (305-471-TIPS).

Leaving the Scene of a Car Accident

In the case of any Florida vehicle accident, all drivers involved are required by law to remain at the scene to render aid if possible, as well as exchange insurance information, await the arrival of the police, and generally take responsibility for their actions – even in the case of a single-car accident not causing harm to another person. The penalties for leaving the scene can be severe. Unfortunately, all too many times drivers leave the scene of an accident for a variety of reasons: because they are intoxicated, uninsured, not licensed, driving someone else’s vehicle (borrowed or stolen), or know that they have outstanding warrants, for example.

FHP reports that hit-and-run accidents are on the rise in our state, with Miami-Dade and Broward Counties ranking first and second in number of hit-and-runs. Florida roads and highways are the scene of over ten percent of all pedestrian accidents in the US, and a startling number of these are hit-and-run cases. Personal injury and/or wrongful death often result from such accidents, and receiving compensation for such a devastating incident can be difficult, especially if the at-fault party left the scene immediately without taking responsibility for his or her actions. As an injured person or a surviving family member, you do have legal rights to compensation, from the responsible party and/or insurance companies of those involved. If you can identify the driver who hit you, you can sue for compensation for your injuries, as well as medical bills and lost wages.
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Wrong Way Car Accident Takes Lives of Two Girls on Sawgrass Expressway

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Recently, a tragic story hit the news in Florida about two young Coral Springs women who were killed on the Sawgrass Expressway due to someone else’s negligent driving. Marisa Caran Catronio, the passenger in a 2012 Camry, died at the scene of the head-on collision that occurred when another driver entered the westbound Expressway lanes headed the wrong direction. The Camry’s driver Kaitlyn Nicole Ferrante died four days later.

21-year-old Marisa and her best friend Kaitlyn (20) were driving home from a night out at around 1:45 on a Sunday morning, when a Hyundai Sonata going the wrong way on the Sawgrass hit them head on, killing Marisa at the scene and sending Kaitlyn to the hospital, where she remained on life support for four days until finally succumbing to severe head injuries. The driver of the other car survived the crash with serious injuries.

The heartbreaking story of two best friends killed in a collision went viral when it was found that the driver of the Sonata that hit them was allegedly a self-professed recreational marijuana user who often drank to excess. A Twitter account believed to be that of the driver showed multiple posts about drug use and getting drunk – including the message “2 drunk 2 care” which was posted just hours before the collision that took the two girls’ lives. Police are including the Twitter account in their ongoing investigation into the crash, but so far charges have not been filed in the deaths.

Although drugs and/or alcohol may have had a part in this tragedy, Marisa’s father Gary Catronio says that safety measures are needed to keep other drivers from entering the wrong side of the highway in the future. Mr. Catronio hopes to launch a campaign in his daughter’s memory to get onramps equipped with flashing warning signals or even spike strips to prevent accidents like the one that killed his daughter.

The NHTSA reports that an average of 350 people die each year in wrong-way freeway crashes, with drunk driving identified as one of the main culprits. Other lapses in judgment may also be a partial cause – talking on a cell phone, texting, eating, drinking, changing music or falling asleep at the wheel. Missing or ineffective signage may also contribute to the danger of head-on collisions such as this one.
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Fatal Hit and Run Accident Involving a Motorcyclist

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In Fort Lauderdale, a motorcyclist was killed by a car traveling on Broward Boulevard. The motorcyclist was traveling east and was struck by a small car turning into a shopping plaza. A police spokeswoman said the car cut him off. Police know the car was a 2008 Ford Focus, though that is the only information they have. The motorcyclist, Kevin E. Gilliam, Jr., was taken to Broward Health Medical Center, where he later died from his injuries.

Mr. Gilliam was wearing a helmet and safety gear. He was doing all he should have been doing. However, when the car made the left turn into the shopping center without paying mind to the motorcycle, he didn’t stand a chance. Now, the family of the motorcyclist is urging the driver to turn himself in since it was a hit-and-run. They are grief stricken and unable to move past this event because they do not know what happened and are trying to understand how a person can simply hit someone and keep driving as though there was no accident.

What to Do if You Are Involved or Witness a Hit and Run Accident

Some of the most common reasons for a driver to flee the scene of a car accident may include the motorist driving without insurance; they may have a warrant out for their arrest or operating a vehicle under the influence of drugs and/or alcohol. In some cases the driver might simply leave the scene because they are afraid of the consequences they may face due to causing an accident.

Depending on the severity of the accident, the victim may have a chance to identify the other vehicle. If this happens, they should attempt to get a good look at the following:

• The license plate • The driver • Make, model and color of the vehicle • Other identifying details: bumper stickers, unique rims, after market items.

The family of the victim has the ability to hire an attorney on behalf of their loved one in order to seek justice for the accident that occurred. Any kind of vehicle accident falls under the jurisdiction of personal injury law. In this case, because the accident was fatal, the family of the motorcyclist should speak to a wrongful death attorney who also has experience with hit and run accidents.
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Death-Related Hit & Run Auto Accident in Hialeah

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SOUTH FLORIDA HIT AND RUN ACCIDENT HAS SERIOUS CONSEQUENCES

Recently, Hialeah Police were forced to track down an alleged offender of a hit and run incident which took place at a public bus station. The awful event, which killed one waiting bus passenger and caused injuries to another, occurred outside of a fast food restaurant with patrons inside taking sight of this horrific tragedy. What the Pollo Tropical guests at the 49th Street and 16th Avenue store location witnessed will be embedded in their minds for a very long time. After the victim was struck while at the bus stop, his body was flung through the restaurant’s drive through. The store location immediately closed the facility due to the circumstances.

What has surfaced through reports is that the alleged offender, Henry Paz, fled the scene following the impact with the two victims. Witnesses claim that the vehicle that the suspect was driving, a Toyota Camry had a flat tire and he was driving away on the rim. During the investigation by the Hialeah Police Department, an officer responded to a nearby call of a person in need of a tow truck because of a flat tire within an hour of the hit and run accident. Upon arriving to the tow truck call, which was less than a mile away from the unimaginable scene, officers first came in contact with the alleged offender.

After putting the pieces of the puzzle together, officers arrested the suspect for the hit and run accident and charged him with leaving the scene of an accident with a death and serious injury. Statements from Police later indicate that Paz admitted to drinking alcohol prior to entering his vehicle that evening. The charges that the suspect faces may be amplified by the results of the blood alcohol tests that were administered to him following his arrest.

REASONS PEOPLE FLEE THE SCENE OF AN ACCIDENT

There are many reasons why a person might actually flee the scene of an accident. Some of those reasons include:

• No Driver’s License
• No Proof of PIP Insurance • Impaired Driving • Criminal Warrants
• Stolen Vehicle • Fear of Consequences

HIT AND RUN ACCIDENTS ARE OFTEN FATAL

When a loved one is killed in such a horrific manner, justice is many family members’ number one goal; however, civil litigation many times follows such events as well. Lawsuits for wrongful death are filed when someone has caused a negligent killing of another person. With as much heart ache that is felt by the family of the victim, there can be an equal amount of stress involved with expenses that are generated from the death of their loved one.
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Swimming Pool Accidents In South Florida Can Be Prevented

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The Florida summers bring residents and visitors of the state some of the most perfect weather found across the nation. Though some may consider the humidity to be a deal breaker when it comes to outdoor activities, there is no greater relief from the sun’s rays than a quick dip in the pool. We all remember being young and trying to escape the thick summer air by going to our backyard, or community pool, to engage in all the fun activities associated with swimming pools. Most Floridians are raised to appreciate the dangers that come with being around pools; however, year after year, we are left dealing with horrific tragedies that result from accidents and negligent conduct involving swimming pools. Unfortunately for parents, it is children who suffer the most injuries with regard to our summer heat refuge.

In order to try and protect our children from what many of us may consider being a living nightmare, it is important that we educate kids from an early age on the importance of swimming pool safety. The state legislature has indicated that drowning is the number one cause of death of children in this state, and it should be our number one goal as parents and adults to try and change this fact as best as possible. There is a variety of swim lesson courses available to everyone in every county in Florida. Placing our children in swim classes as soon as possible should be our priority given that we are a state that is surrounded by pools, lakes and oceans.

Some programs, such as ones offered through the YMCAs across the state, provide lessons for children as early as six months old. This may sound extreme to some; however, the harsh reality of losing a child to an accidental drowning has to be the most extreme loss one could suffer. These type of programs get children acclimated to being in water, and provide basic knowledge of treading water and getting to the pools edge until an adult can get to them. The simplest techniques that our children can absorb from an early age may be the difference in saving their lives. Also, being certified in CPR training can help to eliminate the time it may take for rescue services to arrive on scene. When we are knowledgeable on how to treat a child who is not breathing due to drowning, we are taking steps towards reducing the number of deaths attributed to swimming pool accidents.

Additionally, home owners and operators of public and private swimming pool facilities need to follow the strict guidelines put in place for the safety of everyone around pools. Mechanisms used to alert us when children have entered a pool area are available for those who own pools. Placing lockable gates around pools is the obvious preventative measure to keep young children away from the water when supervision is unavailable. The unfortunate reality is that even when we take every precaution to prevent our children from being injured around pools, there are still situations where the negligent conduct of a third party is the cause of the harm. Children will always be attracted to pools. It is our responsibility as adults to do whatever we can to help protect them from those unforeseen and devastating swimming pool accidents.
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Florida Drunk Driving Accidents and the Victims Involved

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Losing a loved one is the hardest thing that a person can go through. When someone you care about is no longer here, the emotions that you go through can be extremely overwhelming. Those emotions are amplified when the person you love has fallen victim to the actions of a drunk driver. In 2011 alone, there were over seven hundred fatalities attributed to drunk driving in the state of Florida. The careless decision made by a person who drinks and drives creates life altering effects for many different people. The legal consequences that a drunk driver will take on, the costs to tax payers to prosecute a drunk driver, and the grief that the family of a victim will be forced to deal with, are all examples of different lives which are effected by drunk driving accidents.

From the day that we first get behind the wheel of an automobile, we are taught that consuming alcohol prior to driving can severely increase our chances of getting into a collision. As a preventative measure to encourage drivers not to drink and drive, promoting the penalties that one can incur from driving impaired, could work to deter a person from driving drunk. When we first receive our Florida Driver’s License, we consented to alcohol testing by law enforcement who believes us to be impaired. Failing to comply with such testing will result in an automatic year suspension of our driving privilege. However, there are harsher penalties involved with failing these alcohol tests conducted by the police, even for a first time offender.

First Time Penalties Associated with DUI

Monetary Penalties Ranging from $250 up to $500
• Possible Community Service Hours • Up to One Year of Criminal Probation
• Jail Time of up to Six Months; Nine Months where a Minor is in the Vehicle • Six Month Minimum Suspension of Driver’s License
• Twelve Hour DUI Safe Driving Course
In Florida, there are over fifty thousand tickets issued annually for DUI penalties. Of those tickets, the State has more than a sixty percent conviction rate, which means that our court system is extremely busy prosecuting DUI offenders. With as many DUI cases as Florida has, you can bet that there is a high cost to state and local expenses in dealing with making sure these drunk drivers receive proper penalties for their crime.

Florida DUI Convictions in 2010 According to DMV Records

• Miami – (Miami-Dade County) – 2,274 • West Palm Beach – (Palm Beach County) – 1,561 • Ft. Lauderdale – (Broward County) – 985 • Tampa – (Hillsborough County) – 3,256 • Jacksonville – (Duval County) – 2,222 • St. Petersburg – (Pinellas County) – 1,824 • Orlando – (Orange County) – 1,383 • Melbourne – (Brevard County) – 1,072
There can be no confusion as to the amount of money that is spent annually on convicting DUI offenders. Though it is an obvious necessity to try and penalize these drivers for their actions, it should remain concerning to us as tax payers that the costs allotted for prosecution of DUIs remains consistently high.
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