Florida Hands-Free Law: How Distracted Driving Can Impact Your Accident Claim

A single moment of distraction can change lives. A quick glance at a text message, checking a notification, or holding a phone while driving can lead to a serious accident in just seconds.

To help reduce distracted driving crashes, Florida’s hands-free law limits how drivers can use wireless communication devices while operating a vehicle. Understanding these rules can help drivers avoid violations and understand their rights if they are injured by a distracted driver.

What Does Florida’s Hands-Free Law Prohibit?

Under Florida law, drivers are generally prohibited from holding a phone or wireless device while driving on Florida roads. This includes activities such as:

• Holding a phone to your ear while driving

• Reading or typing text messages

• Scrolling through social media

• Using a handheld device for video calls

Drivers may still use hands-free features, such as a mounted device for GPS navigation, voice commands, or a headset. However, the safest practice is to set your navigation, activate “Do Not Disturb” mode, and place your phone where it will not become a distraction before starting your drive.

Stricter Rules in School and Work Zones

Florida’s hands-free restrictions are even stricter in designated school and work zones. In these areas, physically holding or touching a wireless device while driving can result in a violation, even if the driver is not actively texting or making a call.

These enhanced rules are designed to protect pedestrians, students, construction workers, and other vulnerable individuals in high-risk areas.

Legal Consequences of Distracted Driving

A first violation of Florida’s hands-free law is generally treated as a non-moving violation. However, repeat violations may result in increased penalties, including points added to a driver’s license.

Violations that occur in school or work zones can carry greater consequences and may be treated as moving violations from the first offense.

But the impact of distracted driving can go beyond a traffic ticket.

Distracted Driving Can Affect a Personal Injury Claim

When a distracted driver causes a crash, their phone use may become important evidence in a personal injury case. A violation of Florida’s hands-free law can help show that the driver failed to use reasonable care while behind the wheel.

If you were injured by a distracted driver, you may have the right to seek compensation for damages such as medical expenses, lost wages, and pain and suffering.

Florida follows a comparative fault system, meaning responsibility for an accident can affect the amount of compensation an injured person may recover. This makes it important to gather evidence, document the accident, and understand your legal options.

Protect Yourself on Florida Roads

Distracted driving accidents are preventable. Keeping your phone out of reach, using hands-free features, and staying focused behind the wheel can help protect everyone on the road.

If you or a loved one has been injured in an accident caused by a distracted driver, understanding your rights is an important first step.

This article is for informational purposes only and does not constitute legal advice.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.