Tampa, FL
Consultations available 24/7
KFB Law

How Florida Is Dealing With Distracted Driving

Reading Time: 3 minutes

by Marcus Fernandez
Auto Accidents, Personal Injury
Driver tuning radio is an example of distracted driving

The number of motor vehicle accidents caused by distracted driving has continued to rise, according to the latest figures published by the Florida Department of Highway Safety and Motor Vehicles. There were 50,190 collisions, which is almost 1,000 more than the previous year. These accidents resulted 3,069 injuries and 220 fatalities in 2017. Is Florida doing enough to prevent distracted driving, or is there more we could be doing to lower these numbers? 

Reducing the danger posed by distracted driving is challenging because there are multiple issues that cause distracted driving. The state legislature is addressing one by considering passage of a law making texting while driving a primary offense.  

Why distracted driving is a difficult problem to solve

Distracted driving is any activity that causes a driver’s attention to be on something other than operating their motor vehicle. The most common causes of distracted driving are talking on a mobile device, or texting. A driver’s attention, however, can still be diverted for several other reasons:

  • Eating and drinking: Reaching for that breakfast taco or coffee are distractions because you must focus on something other than the road.
  • Navigation systems: GPS can save you time and prevent you from getting lost. It can also cause an accident when diverting attention from what is happening in front of and around your vehicle.
  • Radio and entertainment systems: Listening to your favorite music is common, but tuning to the right station can take your eyes, hands and focus away from the task of driving.
  • Talking to passengers: A heated conversation with a fellow traveler can be as deadly of a distraction as talking on a cell phone.

Reading, applying makeup, or brushing your hair are all potential distractions. Doing these things can divert attention long enough to cause an accident. Drivers who believe a quick glance toward the back seat or at the radio is not a big deal, may not realize that a vehicle traveling along a highway at 55 mph covers a distance equivalent to the length of a football field in just five seconds.

Multitasking is a myth

Florida does not prohibit drivers from talking on handheld cell phones while operating a vehicle. This is unlike the laws in other states requiring the use of hands-free devices. Studies have shown that using hands-free devices might not be a factor in preventing distracted driving.

According to the National Safety Council, engaging in a conversation on a cell phone, with or without a hands-free device, could cause a driver to miss up to 50 percent of what is going on directly in front of the vehicle. The reason is the brain’s inability to process multiple tasks at the same time.

Instead, it rapidly switches from one task to the other. This toggling occurs so quickly that the people do not realize it is occurring. Many believe their brains are processing two tasks at exactly the time, but they are incorrect.

The multitasking myth also holds true for drivers using talk-to-text applications. These applications, convert spoken words into dictated text messages. The fact that the driver is not typing the message does not eliminate the distraction. The brain is still toggling between dictating the message and driving.

Florida law and texting

The law in Florida prohibiting drivers from texting on their cellular devices while operating a motor vehicle is a secondary offense. This means that if an officer observes a motorist texting while driving, they are currently powerless to stop a vehicle. They must first witness that driver speeding or doing some other illegal act.

The “Texting While Driving” bill aimed to address that issue, but was halted in appropriations earlier last month. The proposed law would have made texting while driving a primary offense, giving law enforcement officers the authority to ticket drivers even if no other offenses were observed. 

The Florida Department of Highway Safety and Motor Vehicles continues to raise awareness about the dangers of distracted driving. Public awareness campaigns have reminded drivers to keep the focus on driving. Despite State law, which imposes a duty on all Florida drivers to operate their vehicle in a manner that provides for the safety of others using the roadways, distracted driving continues to be a growing issue.

Anyone suffering injuries in an accident caused by a distracted motorist should seek legal advice about their right to compensation. If you’ve been injured in a distracted driving accident, contact us or call 813-279-6519 for a complimentary consultation. 

With over 37 years of combined experience, our Tampa car accident lawyers have the experience to provide legal representation that puts your interests first, protects your rights, and seeks to resolve the problems that come with being involved in an accident. At KFB Law, we understand how unexpected events like this can turn your life upside down. Our attorneys will work tirelessly to answer all your questions so you can be confident in knowing that your case will be handled.

Related Blog & News Posts

  • auto accident myths florida law
    September 10, 2025

    Florida Auto Accident Myths

    Common Myths About Auto Accident Claims Navigating the aftermath of a car accident is stressful enough without misinformation clouding your next steps. Unfortunately, many Florida drivers are influenced by common myths about auto accident claims, and those misconceptions can hurt your chances of getting the support you need. At Kinney, Fernandez & Boire, P.A. (KFB…

  • September 5, 2025

    Who Is at Fault in a Self-Driving Car Accident in Florida?

    As autonomous cars become more common on Florida roads, new questions are emerging around responsibility and liability. If you’re involved in an accident with an autonomous vehicle, who is at fault in a self-driving car accident? This question is more complicated than it might seem. Traditional car accidents usually involve a human driver who can…

  • September 5, 2025

    The Most Dangerous Intersections in Tampa

    Navigating Tampa’s bustling streets requires heightened awareness, especially at certain intersections notorious for frequent accidents. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), a crash occurs every 44 seconds in Florida, with one in seven involving distracted drivers. ​Additionally, over 300 people lost their lives in distracted driving crashes, an increase…

Real Client Stories

We believe in providing exceptional service. Read firsthand accounts from clients who have entrusted us with their cases and experienced our commitment to client care.
Rating
This law office is undoubtedly my number 1 go to and recommendation for anyone. The team is caring and attentive to your individual needs and efficient in their work. Ive gone here fortunately but unfortunately one to many occasions but they’ve had me evey single time. I couldn’t ask for better service. Thank you.
T
Tracy grutman
Rating
This office assisted me in pursuing a case after a car accident and helped answer all of my questions. From start to end of the case (which was completed in 6 months!), I felt like Marcus had my back and truly was there to represent and advocate for me. 10/10 would recommend to anyone in need of legal support.
A
Addison Hobbs
Rating
Marcus Fernandez is the MAN with the plan…Kinney, Fernandez &Boire,P.A and the GANG Was A Miracle Blessings Too ME!!!!!I would recommend them to anyone…Special Thanks To Mrs.DEE She kept me Encouraged &Motivated the whole way through definitely GREAT PEOPLE TOO HANDLE BUSINESS WITH
O
O C
Florida Bar Certified

Need Immediate Help?

Questions can’t wait — and neither should you. Start a live chat or send us a text, and get answers fast from a real legal expert.
Free consultation — 24/7
Trusted by Leaders
Rating
Rated 4.9/5