Distracted driving is the fastest growing cause of auto accidents in recent years.
Drivers today are more distracted than ever. There are several reasons for this. A person can
be distracted by their children, by consuming food, putting on make-up but the most common
cause of distracted driving is use of their mobile device or navigational device.
Under Florida law, it does not matter the reason a driver was distracted because it is their duty
to pay attention to the road and nothing else. Regarding an automobile accident, Florida’s
distracted driving statute is pretty simple. If you are driving distracted for whatever reason, you
will likely be held responsible for any damages which occur as a result. You can see the law
here F.S. 316.305
The National Highway Traffic Safety Administration (NHTSA) estimates that as many as
95% of all auto accidents are caused because of human error. This means that these
accidents could have been avoided.
Careless driving is a bit different than distracted driving. This is a broader term defining
any driver who is not driving attentively and “in a careful and prudent manner, having
regard for the width, grade, curves, corners, traffic, and all other attendant
circumstances, so as not to endanger the life, limb, or property of any person.”
Careless Driving is cited more often for fender-benders and rear-end car accidents as
well as failure-to-yield related car accidents. There is also an elevated category of
careless driving called “aggressive careless driving”.
Some examples of Aggressive Careless Driving Are:
1. Speeding (or traveling too fast to be safe under the conditions).
2. Failure to yield right-of-way traffic.
3. Following too closely behind another vehicle (tailgating).
4. Improperly passing another vehicle.
5. Ignoring a traffic signal such as a red light.
There is yet one level above aggressive careless driving. This level is “reckless driving”.
Examples of reckless driving include:
1. Drag racing.
2. Weaving in and out of traffic.
3. Brake-checking other vehicles.
4. Running from law enforcement.
We hope this information has been helpful in your understanding of Florida law as it
relates to distracted driving, careless driving, aggressive careless driving, and reckless