What Is Florida’s Texting While Driving Law?
Distracted driving remains one of the top causes of car accidents across the United States—and Florida is no exception. Texting while driving may seem like a minor infraction, but it’s a dangerous behavior with serious legal and financial consequences.
In Florida, texting and driving is illegal. Under the Florida Ban on Texting While Driving Law (Florida Statute 316.305), drivers are prohibited from manually typing or entering multiple characters—such as letters, numbers, or symbols—into a wireless communications device while operating a motor vehicle.
Since 2019, law enforcement officers have had the authority to stop and cite drivers solely for texting and driving. This upgrade to a primary offense means that drivers can face penalties, fines, and even civil liability in the event of a crash.
Why Texting While Driving Is So Dangerous
Texting while driving is uniquely hazardous because it combines all three types of distraction:\
- Visual – Eyes off the road
- Manual – Hands off the wheel
- Cognitive – Mind off driving
Even a quick glance at your phone for five seconds while traveling at 55 mph is equivalent to driving the length of a football field with your eyes closed. It’s no wonder that texting while driving leads to thousands of preventable accidents every year.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were more than 56,000 distracted driving crashes in the state in 2022, resulting in 268 deaths. A significant number of these crashes involved cellphone use.
Texting and Driving Accidents in Southwest Florida
Here in Southwest Florida, with busy corridors like I-75 and US-41 running through Fort Myers, Cape Coral, and surrounding areas, the risk of texting and driving accidents is high. The combination of high-speed traffic, distracted tourists, and everyday commuters makes local roadways especially vulnerable.
At Aloia | Roland, our texting and driving accident attorneys have seen firsthand how a split second of distraction can cause life-altering injuries or wrongful death. We represent victims and families across Lee County and beyond who are seeking justice and accountability.
What Are the Legal Consequences of a Car Crash Caused by Texting?
If a driver causes a crash because they were texting, the legal consequences can be severe. Not only could the at-fault driver face traffic citations, but they may also be held civilly liable for damages if someone is injured or killed.
- Victims of these crashes may be entitled to compensation for:
- Emergency and long-term medical expenses
- Lost income and diminished earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Rehabilitation or physical therapy
- Wrongful death damages (in fatal cases)
In cases involving egregious negligence, Florida courts may also award punitive damages to punish the distracted driver and deter future misconduct.
How a Florida Texting and Driving Accident Lawyer Can Help
After a crash, victims are often overwhelmed—facing hospital visits, vehicle repairs, missed work, and pushback from insurance companies. You don’t have to handle it alone.
At Aloia | Roland, we take the burden off your shoulders by building a strong case that proves the other driver’s distraction directly caused the accident. We can obtain key evidence, including:
- Cellphone records
- Eyewitness accounts
- Police reports
- Surveillance or dash cam footage
- Vehicle data (event data recorder/black box)
Our attorneys will handle every part of your case—from filing claims to negotiating with insurers—so you can focus on recovery. We don’t settle for less than you deserve, and we’re prepared to take your case to trial if necessary.
Distracted Driving Can Change Lives in an Instant
The aftermath of a texting and driving crash can be devastating. From permanent injuries to the tragic loss of a loved one, these incidents leave a lasting impact. While no amount of money can undo the damage, compensation can provide critical resources to help you recover, rebuild, and move forward.
Holding negligent drivers accountable also helps make our roads safer—sending a clear message that reckless behavior behind the wheel will not be tolerated.
Frequently Asked Questions About Texting and Driving Accidents
Q: Is texting while driving a criminal offense in Florida?
A: It’s a civil infraction but can contribute to more serious charges such as reckless driving, vehicular assault, or even manslaughter if serious injury or death occurs.
Q: How do you prove a driver was texting at the time of the crash?
A: Our legal team can request phone records, gather witness statements, and utilize dash cam footage or traffic camera surveillance to establish negligence.
Q: Can I still file a claim if I was partially at fault?
A: Yes. Florida follows a modified comparative fault rule, meaning you can recover damages as long as you were less than 50% at fault for the accident.
Talk to a Trusted Texting and Driving Accident Lawyer in Fort Myers
If you’ve been injured in a car crash caused by texting, don’t wait to get legal help. The sooner you act, the stronger your case will be—and the better your chances of securing full compensation.
At Aloia | Roland, we offer free consultations and work on a contingency fee basis—meaning you don’t pay anything unless we win your case.
📞 Call (239) 376-1591 today to schedule your free consultation with a texting and driving accident lawyer who will fight for your rights across Fort Myers and Southwest Florida.
