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Lawmakers all across the country have been constantly looking for ways to curtail drivers' use of cell phones while operating motor vehicles. Various laws have been written with respect to talking on cell phones while driving, and more recently across the nation, laws have been created to curb texting while driving. However, as many Fort Myers personal injury attorneys have come to realize, the laws regarding texting and driving are not as tough as many lawmakers and other safety advocates would like. That said, lawmakers have gone back to the drawing board in an effort to come up with even stiffer penalties for those who choose to text and drive.

A Florida Senate committee recently approved a bill that would provide for tougher penalties for individuals who cause motor vehicle accidents that lead to fatalities due to their texting while driving. The bill is based on the "texting-while-driving" ban that was passed by lawmakers in 2013. More specifically, the bill would call for  motor vehicle operators who are violating the texting-while-driving ban and cause accidents that end in fatalities to face second degree felony charges. Additionally, a driver could face first degree felony charges if he or she was aware that an accident took place but neglected to offer aid or provide information at the time of the accident.

The Problems With the Original Texting-While-Driving Ban

Most Fort Myers personal injury attorneys are well aware of the fact that the issue of distracted driving has been a major topic of discussion, not only in Florida but all across the U.S. Numerous studies have been done and statistics have shown that thousands of individuals have been injured and killed throughout the U.S. due to distracted driving. However, while it appears to some that lawmakers were headed in the right direction when drafting the law, many reports have demonstrated that the law has major flaws.

For instance, the original law only called for an individual to receive a nonmoving violation if he or she violates the law by "typing, reading, or engaging in electronic communication via a handheld device" while operating an automobile. Such violations are only subject to a modest fine, which some say is hardly enough to be considered a true "punishment."

In order for a driver to actually receive a ticket for texting while driving, he or she must have been in the midst of committing another "primary" offense, explains personal injury attorney Randall Spivey. This means that the vehicle operator must have been under suspicion of having already violated some other provision of Florida's motor vehicle laws. Therefore, if a law enforcement officer actually saw a driver texting while driving, but the driver had not broken any other motor vehicle law at the time, the officer's ability to issue a ticket for texting while driving was hindered.

The Centers for Disease Control has found that at least nine individuals die on a daily basis and over one thousand people are hurt in distracted driving accidents. Accordingly, lawmakers are continuing their efforts to decrease those numbers and save lives. If you have been hurt in an accident that was caused by a driver who was texting while driving, contact Fort Myers personal injury attorney Randall Spivey at the Spivey Law Firm, Personal Injury Attorneys, P.A. today.