The Impact of Distracted Driving on Liability and Legal Outcomes in Florida

According to the National Highway Traffic Safety Association, distracted driving can be classified based on manual, visual, and cognitive distractions. These terms simply describe various ways in which drivers can have their attention diverted from the road.

Distracted driving has been a problem for as long as cars have existed. In the modern day, motorists face increased hazards to road safety thanks to the rise of digital devices.

To deal with this pressing issue, Florida lawmakers in 2019 enacted Statute 316.305, which gives law enforcement officers the power to cite drivers for texting and using other forms of technology, like laptops and gaming devices, while operating a vehicle. 

The Legal Consequences

The changing legal framework has had a number of notable effects, including the following:

Legal Strategies

The scope of liability has expanded beyond mere causation — the broader question of attentiveness now comes into play. This has led to more successful claims and associated financial settlements in personal injury lawsuits.

Court Processes

Florida courts now consider device use as potential evidence of negligence in accident cases. This means that even if a driver wasn’t actively engaging with their device at the time of the accident, their recent usage history could constitute admissible evidence. 

Insurance Claims

Given the potential impact of device usage records in court proceedings, insurance companies are less likely to offer quick settlements to drivers injured in accidents involving complex or hazy circumstances.

Implications for Florida Drivers

Because of the new policy framework, the financial risk of distracted driving is much higher than you might think. If you’re in an accident, the other driver’s phone behavior is now a key piece of evidence in your favor.

This new reality emphasizes the importance of maintaining one’s undivided attention on the road, a standard many drivers may find challenging to meet.

Distracted Driving Can Be Costly

If you’re behind the wheel, wait until you’re securely parked to check your notifications. If you’ve been hit by someone who couldn’t resist the urge to check their phone, you may have a stronger case than you realize.

No matter how you’ve been affected by distracted driving, Shrader, Mendez & O’Connell can help you understand your rights. Call us at 813-360-1529 today to set up a free consultation.