Legal Recourse

October 26, 2013

Cracking Down on Distracted Drivers is Difficult But Public Education May Help

Filed under: Texting While Driving — Tags: — Lawyer @ 5:35 pm

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Distracted driving is incredibly dangerous behavior, and more states than ever before are taking steps to try to reduce the number of people on the roads who are distracted by cell phones and electronic devices.  In fact, the Governors’ Highway Safety Association (GHSA) released a report entitled “2013 Distracted Driving: Survey of the States” indicating that there has been a 45-percent increase in the number of states with texting bans in place for all drivers as compared with just three years ago.

Florida became one of the states with a texting law this year when Governor Scott signed a texting ban into law after five years of attempts to get such a law passed.   Florida’s ban is relatively weak, allowing for drivers to text when stopped in traffic or at traffic lights and making texting a secondary offense with a fine of only $30 plus court costs for a first-time offender.   Still, the fact that texting is now illegal means that those injured in a texting accident may have an easier time of recovering compensation with the help of an auto accident lawyer in West Palm Beach since negligence per se rules allow victims to prove negligence by pointing to a law that the other driver broke.

While the law may help accident victims to recover compensation, however, it may be difficult for police to enforce. In fact, as the Huffington Post recently reported, texting laws in general are difficult to enforce, even in states that have taken a very tough stance on fighting distracted drivers.  The difficulty of enforcing these laws means that many people continue to text even though it is illegal.

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