Cell Phone Accidents

Florida Unlikely to Follow Fed Ban on Texting

Florida cannot continue to allow drivers of all ages to use cell phones and text message while driving a vehicle. That is the message federal safety investigators issued December 13 in asking that all states ban cell phone use while behind the wheel with the exception of emergencies. The National Transportation Safety Board reports the distraction from cell phones too often proves fatal for drivers and pedestrians.

Florida’s 2012 legislative session formally begins on January 10 and expect a repetition of what’s transpired for the last 10 years. Since 2002, there has been at least one bill introduced from both parties every year to prohibit minors from using hand-held devices behind the wheel. None of the legislation has passed. Already two bills are ready to go for the next session, but the Palm Beach Post reports don’t expect must difference next year.

Florida House Speak Dean Cannon, (R-Winter Park), tells the Post that fixing your tie is as distracting as texting and therefore he is reluctant to introduce “one more layer of prohibitive behavior.”

Farah & Farah’s cell phone car crash lawyers in Florida know that the state is trailing about 35 other states that have some sort of ban on text messaging while operating a motor vehicle. At least 30 states ban young drivers and 10 states have a blanket ban on using any hand-held phone by drivers.

In a survey, the National Highway Traffic Safety Administration (NHTSA) found two of every 10 drivers say they have texted while driving. And while texting behind the wheel is not always considered a cause of a crash on a traffic accident report, at least 3,092 people died in 2010 from distracted driver crashes, many of whom were on the phone, according to the NHTSA.

With the AAA Auto Club finding that 87 percent of the driving public wants our elected officials to support a ban on texting or cell phone use while driving, it will be interesting to see if Florida listens and catches up with the rest of the country to send a strong message to drivers that texting and talking while driving won’t be tolerated.

Source: http://www.tcpalm.com/news/2011/dec/14/fla-unlikely-follow-feds-call-ban-texting-phoning/




Is a Ban on Texting Possible this Florida Legislative Session?

There are only 15 states remaining that do not have any sort of ban on texting while driving, even though law enforcement and the public understand it is a leading cause of distracted driving. Florida is one of these states, so the St. Petersburg Times asked whether a ban on texting is possible in the upcoming January Florida 60-day legislative session. Every year bills are introduced and every year they are shot down or die in committee, and the Times says a few state senators have proposed a mild ban on texting while driving.

“Mild” means that texting would be a secondary offense that law enforcement could not pull you over for. SB 416 says a driver would only be cited for texting if he was pulled over for a primary offense, such as driving recklessly or speeding. This doesn’t really send a strong message not to text and drive. The Times reports that Republicans generally view texting bans as an intrusion into personal liberty.

In the 2010 session, an outright ban was intentionally put into committee by Sen. Ellyn Bogdanoff, R-Fort Lauderdale, and not heard before it was killed.

Under SB 416, a driver would still be allowed to text at a red light, talk on the phone, use a GPS, and dial while driving. Only sending emails and instant messaging (in other words “texting”) would be banned, and a driver would face a $30 fine. If a texting driver got in a crash, six points would be added to his or her driver’s license.

Because SB 416 is mild it may have a better chance of being a first step for Florida to join the majority of states that recognize the need for law enforcement to have some enforcement muscle against texting drivers.

Florida lawmakers likely would have public support for a texting ban as shown by a AAA Foundation 2011 Traffic Safety survey that found about 95 percent of drivers say texting behind the wheel is unacceptable. If you or someone you know has been injured in a cell phone related accident, such as a driver was talking on the phone while behind the wheel and caused the unfortunate crash, call (800) 603-3640 for a no-cost consultation with one of our cell phone accident attorneys in Jacksonville. We can help you get the compensation you deserve for your injuries.

Source: http://www.tampabay.com/news/politics/gubernatorial/ban-on-texting-while-driving-possible-in-florida-next-year/1205797




Another Texting Ban Proposal Under Consideration in Florida

A Florida lawmaker is pushing for a texting ban in the state. Florida is one of the few states that has no restrictions on cell phone use while behind the wheel. Florida State Representative Irv Slosberg of Boca Raton says it is finally time for some restrictions on cell phone use while driving. He points to a deadly crash last weekend that took the life of a 35-year-old man who was thought to be texting while driving. His Infiniti SUV was crushed and he was killed Saturday, September 10, on Interstate 95.

WPTV reports that careless driving and a failure to yield was a leading cause of crashes in Palm Beach County, which includes texting. If Slosberg gets his way, the first offense fine could be about $150.

Dori Slosberg Foundation
While this article doesn’t mention it, Irv Slosberg’s daughter, Dori, was killed in 1996 when she was in an auto accident and not buckled in. She was 15-years-old at the time. Since then, his nonprofit, Dori Slosberg Foundation, has dedicated itself to safe teen driving and a zero tolerance for DUI.

Every year a well-meaning state legislator tries to break the stronghold that the communications industry has in influencing our lawmakers, and every year those bills die in committee. One year we will finally enact some restrictions on cell phone use while driving. It just makes sense.

If you have been involved in an auto accident in Florida and you feel the other driver may have been using his or her cell phone at the time and driving distracted, a Jacksonville cell phone car accident attorney at Farah & Farah will be there to help you through this difficult time.

Sources: http://www.wptv.com/dpp/news/region_c_palm_beach_county/deadly-crash-is-one-more-reason-lawmaker-wants-a-ban-on-texting-behind-the-wheel; http://dorislosberg.org/mission.php




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