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Driving safely requires manual, visual, and cognitive concentration. Your hands, eyes, and brain must all work together to keep you and others safe while you are behind the wheel. But people routinely engage in distracted driving, putting themselves and everyone else on the road in danger. Fort Myers Automobile Accident Lawyer Randy Spivey wants to help keep motorists safe and encourage them to avoid distracted driving. 

Distracted Driving Statistics and the “Put It Down: Focus on Driving” Campaign 

According to data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), distracted driving crashes resulted in 305 fatalities and 2,516 serious injuries in 2023. With 53,596 distracted driving crashes in Florida in 2022, there were an average of 1,116 distracted driving crashes every week. The Florida Department of Highway Safety and Motor Vehicles is partnering with law enforcement partners and other agencies to educate Floridians about the importance of avoiding distracted driving with the “Put It Down: Focus on Driving” campaign. The primary slogans of this campaign provide important warnings:

1. Distracted driving puts everyone on the road in danger.
2. The text can wait. Put it down and focus on driving. 

What is the Wireless Communications While Driving Law?

The Wireless Communications While Driving Law, section 316.305, Florida Statutes, prohibits  texting and driving while operating a motor vehicle. A device includes cell phones, notebooks, tablets, laptops, video games, and other devices. According to the Florida Department of Highway Safety and Motor Vehicles, here is some pertinent information regarding the Wireless Communications While Driving Law, as well as some information regarding several types of distracted driving. 

Law enforcement in Florida can stop motor vehicles and issue citations to motorists that are texting and driving pursuant to Section 316.305, Florida Statutes. A driver may not operate a motor vehicle while manually typing into a wireless communications device to text, email, and instant message.

Section 316.306, Florida Statutes, prohibits using handheld wireless communications devices in school and work zones. A driver cannot operate a motor vehicle while using a handheld wireless communications device in a designated school crossing, school zone or active work zone area. An active work zone, in Section 316.306, Florida Statutes, means an area where construction personnel are present or are operating equipment on the road or immediately adjacent to the work zone.

What is Distracted Driving?

Accidents caused by distracted drivers occur if a driver does anything that takes his or her hands off the wheel, their eyes off the road, or their mind off driving. Distracted driving puts all motorists and individuals on the road in danger. There are various kinds of driver distractions:

1. Visual – Visual distractions involve anything that takes a driver’s eyes off the road. 
2. Manual – Manual distractions involve a driver taking their hands off the wheel, such as texting, emailing, or using a handheld phone. 
3. Cognitive – Cognitive distractions involve thinking about anything other than driving. Talking on a handless device or verbally texting still causes cognitive distractions. 

Texting involves all three types of distraction, making it one of the most dangerous types of distracted driving behaviors. Other common distractions include aiding children or passengers in the back seat, eating, focusing on an event outside of the vehicle, interacting with passengers, distractions from unsecured pets, applying makeup or grooming, adjusting the radio or climate controls, checking your GPS app or any action that takes a driver’s focus away from the road and other vehicles. When a driver is not focused on driving, his ability to stop and avoid a crash is limited.

“Distracted driving is dangerous driving,” said FLHSMV Executive Director Dave Kerner.  “If you’re behind the wheel, put away all distractions. Do not jeopardize your safety or the safety of your passengers or others on the road.”

Texting while driving is a primary offense of Florida’s Wireless Communications While Driving law. If you are involved in a crash caused by a distracted driver, having an experienced automobile accident lawyer on your team ensures your rights will be protected.  Spivey Law Firm, Personal Injury Attorneys, P.A. has helped injury victims throughout Florida that have been hurt by distracted drivers. 

Ways to Avoid Distracted Driving

It is critical that all motorists stay off the phone and focus on driving.  Here are a few things you can do to help you remain less distracted and “Put It Down.” 

• Set an example when driving of safe driving behavior – phone out of view, no texting, and limit distractions. 
• If you need to text, a driver should pull over to a safe location and park the car.
• If there is a passenger in the vehicle, the driver can have that person respond to calls or messages. 
• Put on your phone on “Do Not Disturb.”  When you receive a text message, your phone will send an automatic text back letting the person know that you are currently driving and will respond to them when you have stopped driving. 
• As a driver, listen to passengers if they tell you to stop texting or talking on the phone. Put the phone away where it cannot be reached or a distraction and focus on driving. 
• If you see someone texting while driving, it is important to speak up. If your friend is texting while driving, tell them to stop.

“Safe driving requires your full attention,” said Michele Harris, Florida Public Affairs Director, AAA – The Auto Club Group. “Remember to keep your eyes on the road, your hands on the wheel and your mind on the task of driving.”

Our Fort Myers Distracted Driving Accident Attorneys Hold Drivers Responsible 

Victims of distracted driving accidents must prove that the other driver was not paying attention to driving to recover compensation. Sometimes, the victim can prove that the driver violated the law, like Florida’s ban on texting. Under Florida law, if a driver’s negligence caused an accident and with serious or fatal injuries, that driver is liable. 

There are times when a victim must establish that the other driver was negligent in other ways, such as if the driver was distracted by something other than talking on the phone or texting.  At Spivey Law Firm, Personal Injury Attorneys, P.A., we can help victims of distracted driving accidents in Fort Myers to form a legal strategy to prove they are entitled to compensation so they can fully recover their damages. 

Distracted drivers are not acting safely or respecting the rights of other motorists with whom they share the road. Our legal team works hard to help victims prove they should be compensated by drivers who take unnecessary risks. 

Speak with a Skilled Fort Myers Automobile Accident Lawyer About Any Accidents Caused by Distracted Driving  

If you have been in an accident caused by a negligent driver’s distracted driving, you have rights. Fort Myers Automobile Accident Lawyer Randall L. Spivey and the team at Spivey Law Firm, Personal Injury Attorneys, P.A. routinely handle claims involving accidents caused by distracted driving. Our attorneys are here to discuss your legal rights and options in a free and confidential consultation. If you need help protecting your legal rights after an accident caused by distracted driving, you can call Spivey Law Firm, Personal Injury Attorneys, P.A. at 239-337-7483 or statewide at 888-477-4839 or contact us online at SpiveyLaw.com for a free consultation.