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Recently, new legislation, Florida Statute section 316.305, was enacted through the endorsement of the governor of Florida to officially upgrade the act of texting while driving to a primary offense, thereby allowing law enforcement officers to pull motorists over and issue a citation solely for texting (including messaging, emailing, and other forms of typing on a mobile device) behind the wheel.
Why Is Texting while Driving Now a Primary Offense?
Its purpose is to reduce distracted driving and create a safer environment for all motorists on the roadways. The law prohibits the manual typing or entering of multiple letters, numbers, or symbols into a wireless communications device while operating a motor vehicle in order to text, email, and instant message. As a direct consequence of this upgrade, officers are now empowered to initiate stops based solely upon the suspicion of texting while driving.
In the antecedent legal framework, the infraction of texting while driving was relegated to the category of a secondary offense, permitting officers to issue citations solely subsequent to the apprehension of drivers for primary violations, such as moving violations. As texting and driving and proven to be incredibly dangerous, the offense has been upgraded to a primary one.
Florida Statute section 316.305 is also known as the Wireless Communications While Driving Law. Its purpose is to reduce distracted driving and create a safer environment for all motorists on the roadways. In addition to prohibiting texting by all drivers as a primary offense, Florida’s law also bans the use of any handheld wireless communication devices in designated school crossings, school zones, or a road work zone. An exception is made for emergency hands-free uses that remain legal. Drivers are still permitted to use phones and devices for Maps / GPS navigation, making phone calls, and reading emergency messages, such as weather alerts.
The Dangers of Texting and Driving
Texting and driving is considered extremely dangerous due to the significant cognitive, visual, and manual distractions it creates for the driver. Some reasons why texting and driving poses a high risk include:
Cognitive Distraction
Texting requires mental focus and attention, diverting the driver’s concentration away from the road. When a driver’s mind is engaged in composing or reading a text message, they are less attentive to the changing traffic conditions and potential hazards around them.
Visual Distraction
Looking at a text message on a mobile device involves taking one’s eyes off the road. Even a momentary glance away from the road can lead to missing crucial information, such as a sudden stop or a pedestrian crossing.
Manual Distraction
Typing out a text message requires the use of one or both hands, which means the driver’s hands are not on the steering wheel. This diminishes the driver’s ability to respond quickly to unexpected events or emergencies.
Increased Reaction Time
Engaging in texting while driving increases the time it takes for a driver to react to unexpected situations. This delayed reaction time can result in collisions or near misses.
Decreased Situational Awareness
Texting drivers may not notice changes in traffic patterns, road signs, or signals. This reduced awareness can lead to missed turns, incorrect lane changes, and failure to yield to other drivers.
Risk of Collisions
Texting drivers are more likely to drift out of their lane, fail to maintain a consistent speed, or neglect to follow proper traffic etiquette. These behaviors significantly increase the risk of collisions with other vehicles, pedestrians, or stationary objects.
Severity of Accidents
When a driver is not fully focused on the road, their ability to avoid or mitigate the impact of a collision is compromised. This can lead to more severe accidents and injuries.
What Are the Punishments for Texting and Driving?
Under the law, a first texting offense will be punishable by a $30 fine and court fees. A second offense carries a $60 fine, court costs and related fees, and three points on a driver’s license. A first offense involving texting in school or construction zones also carries additional license points. First offenders can purchase hands-free Bluetooth devices, show proof of purchase, and complete a “Driver Safety Education” course in order to avoid fines and license penalties.
Were You Hit by a Texting Driver in Miami?
Everything above explains Florida’s texting law, but if you’re reading this because a texting driver hit you, the statute that matters most isn’t 316.305. It’s your right to recover compensation for your medical bills, lost wages, and pain and suffering.
A texting citation costs the at fault driver $30 to $60. It does nothing for your hospital bill or your missed paychecks. Bobby Núñez built AccidentLawFirm.com to make sure texting drivers who hurt our clients pay for the real harm they caused, not just a traffic fine.
How Bobby Nuñez Proves a Driver Was Texting
Texting drivers almost never admit it. Bobby Núñez and his team build these cases with:
- Subpoenaed cell phone carrier records showing the exact time of texts, calls, or data activity
- Phone forensics showing app and screen activity at the moment of impact
- Event data recorder (“black box”) data pulled from the at fault vehicle
- Eyewitness statements, dash cam, and nearby surveillance footage
- The investigating officer’s citation, when one was issued, as supporting evidence
This evidence disappears fast. Carriers don’t keep records forever and witnesses’ memories fade. The sooner Bobby Nuñez is on your case, the stronger it is.
Florida’s 2 Year Deadline to File a Texting Driver Injury Claim
Florida law gives you 2 years from the date of the crash to file a personal injury lawsuit against a texting driver. Wrongful death claims carry the same 2 year deadline. Miss that window and you lose your right to sue, no matter how clear the texting driver’s fault was.
If the at fault driver was found at least 51 percent responsible, Florida’s comparative negligence rule still allows you to recover. If your case involves a fatality, Bobby Núñez also handles wrongful death claims caused by distracted drivers.
Hit by a Texting Commercial Truck or Rideshare Driver?
Commercial truck drivers face an even stricter federal ban on texting under FMCSA regulation 49 CFR 392.80, and a violation can support a stronger claim against the trucking company’s commercial insurance policy. If a commercial truck driver was texting when they hit you, call Bobby Nuñez immediately. The same applies if the texting driver was working for Uber or Lyft at the time, since rideshare companies carry separate liability coverage that may apply.
| After a Texting Driver Accident | With Bobby Nuñez | Without an Attorney |
| Proving the driver was texting | Subpoenas phone carrier records, EDR data, and forensics to prove distraction | Insurer rarely volunteers this evidence; you have no subpoena power |
| Insurance settlement offer | Negotiates based on full medical costs, lost wages, and pain and suffering | Adjusters often lowball victims who don’t know their case’s true value |
| Statute of limitations | Tracks your 2 year filing deadline and files before it expires | Easy to miss the deadline and lose your right to sue entirely |
| Upfront cost | $0. No fee unless we win | Often pay hourly or out of pocket for help |
| Who handles your case | Bobby Nuñez personally | Insurance company’s own adjuster, working for them, not you |
The Impact of Texting and Driving on Road Safety
It’s far too quick and easy to sideswipe a car, hit a pedestrian, or even cause a fatal accident when the driver’s attention is on their phone screen and not out their windshield. DIn fact, this type of distracted driving has been linked to an increased risk of injury and fatality on roads across America.
According to the United States Department of Transportation, texting while driving caused 3,142 fatalities in 2020. Here in our state alone, the Florida Highway Safety and Motor Vehicles reported 333 distracted driving fatalities in 2021. This was the highest total in our state in the previous eight years. More than 1,000 distraction-related crashes occur every week!
More recent numbers show the problem hasn’t improved. The Florida Department of Highway Safety and Motor Vehicles reported 305 distracted driving deaths and 2,516 serious injuries in 2023, with preliminary 2024 data showing roughly 300 deaths and over 2,200 serious injuries statewide. According to the Insurance Institute for Highway Safety, a driver who is texting is 23 times more likely to crash than an attentive driver, and texting is cited as a factor in roughly one of every four car accidents nationwide.
Why Texting Driver Accident Victims Choose Bobby Nuñez
- Bobby Nuñez handles your case personally. It is never handed off to a junior associate.
- No fee unless we win. Your consultation is always free.
- A track record of results, including settlements of $993K, $442K, and $299K for South Florida accident victims.
- Bilingual staff (English, Español) so nothing gets lost in translation while you’re recovering.
Bobby Núñez also handles car accidents, pedestrian accidents, and bicycle accidents caused by distracted drivers, and catastrophic injury cases when a texting driver causes life-changing harm. Learn more about Bobby Núñez’s background and case results.
Our law firm, AccidentLawFirm.com, has been helping injured victims of South Florida for over a decade. Our law firm handles a variety of cases, including crashes that are the result of texting and driving. Call our car accident law firm at 786-882-2038 to reach out to a Miami accident lawyer about your case.
FAQ About Texting Driver Accident Lawyers
How long do I have to sue a texting driver in Florida?
You generally have 2 years from the date of the crash to file a personal injury lawsuit in Florida. Wrongful death claims also carry a 2 year deadline. Waiting can cost you both evidence and your legal right to recover.
Does a texting while driving citation help my injury claim?
It can support your claim as evidence of negligence, but a citation alone won’t get you compensation. Bobby Núñez builds the rest of the case with phone records, forensics, and witness evidence to maximize your recovery.
How do you prove the other driver was texting?
We subpoena cell phone carrier records, pull event data recorder information from the vehicle, and gather eyewitness and surveillance evidence to establish exactly what the driver was doing at the moment of impact.
What if the texting driver was driving for Uber or Lyft?
Rideshare companies carry additional liability coverage that may apply on top of the driver’s personal policy. Bobby Núñez handles Uber and Lyft accident claims across South Florida.
Can I still recover damages if I was partly at fault?
Yes, as long as you are found less than 51 percent at fault under Florida’s modified comparative negligence rule. Your recovery is reduced by your percentage of fault, not eliminated.
How much does it cost to hire Bobby Nuñez?
Nothing upfront. Your consultation is always free, and Bobby Núñez works on contingency, meaning there’s no fee unless we win your case.
Do you handle wrongful death cases caused by texting drivers?
Yes. Bobby Núñez represents families pursuing wrongful death claims when a loved one is killed by a distracted, texting driver.
What should I do right after a texting driver hits me?
Call 911, get medical attention even if you feel fine, take photos of the scene and both vehicles, get the other driver’s information, and avoid discussing fault with their insurance company before calling Bobby Núñez.
