Florida’s Texting and Driving Law: What Every Driver Should Know
Distracted driving causes thousands of crashes in Florida every year, and texting behind the wheel is one of the most dangerous habits on the road. Florida has strengthened its laws to fight it—and if you have been hit by a distracted driver, those laws can also help your injury claim. Here is what every Florida driver should understand.
Is Texting and Driving Illegal in Florida?
Yes. Under the Florida Ban on Texting While Driving Law, it is illegal to manually type or send text messages, emails, or other characters while operating a moving vehicle. Since 2019, texting while driving is a primary offense—meaning an officer can pull you over and ticket you for texting alone, without needing any other reason to stop you.
The School and Work Zone Rule
Florida law goes further in certain areas. In active school zones and work zones, drivers may not hold a wireless device at all—hands-free use only. This reflects how seriously the state treats distraction where pedestrians and workers are most at risk.
What Counts as Distracted Driving?
Texting is just one form. Distracted driving includes anything that takes your attention from the road:
- Reading or sending texts and emails
- Browsing social media or apps
- Watching videos or GPS screens
- Eating, grooming, or reaching for objects
- Talking on a handheld phone in a school or work zone
How Texting Affects a Car Accident Claim
If a distracted driver caused your crash, proving they were texting can be powerful evidence of negligence. Phone records, witness statements, and the police report can all help establish that the other driver was not paying attention. This kind of evidence can strengthen your car accident claim and, in some cases, support a claim for enhanced damages.
Because phone records can be lost over time, it is important to act quickly. An attorney can send preservation letters and work to obtain this evidence before it disappears.
Hit by a Distracted Driver? We Can Help
You should not pay the price for someone else’s dangerous choice to text and drive. Our Miami personal injury attorneys investigate distracted driving crashes, gather the evidence, and fight for full compensation—in English and Spanish, with no fee unless we win. Call Alfredo J. Rubio Law, PLLC at 1-844-PODEMOS for a free consultation.
Frequently Asked Questions
Is texting while driving a primary offense in Florida?
Yes. Since 2019, texting while driving is a primary offense in Florida, meaning law enforcement can stop and ticket a driver for texting without any other traffic violation.
Can I use my phone at all while driving in Florida?
You may not manually text while driving anywhere. In active school zones and work zones, you must go completely hands-free and may not hold a device at all. Hands-free use is strongly encouraged everywhere else.
How can I prove the other driver was texting?
Evidence can include the driver’s phone records, witness testimony, the police report, and sometimes surveillance or dashcam footage. An attorney can help obtain and preserve this evidence before it is lost.
Is a texting driver automatically at fault for a crash?
Not automatically, but evidence of texting is strong proof of negligence. Combined with the facts of the crash, it can significantly help establish that the distracted driver was responsible.
