Effective July 1, 2008, the State of California took another step towards becoming a state with some of the strictest traffic laws. California now requires that all cellphone usage be through a handsfree device or headset. California has become only the fifth state of the Union to make this a requirement. This new law combines with other cutting edge statutes such as no cellphone usage at all for drivers under age 18, and no smoking in a vehicle if minors are present, to fuel California’s reputation.

Where does Florida stand compared to California. Currently Florida has no legislation restricting cellphone usage, other than statute 316.304 which requires when one is using a listening device, the device is restricted to one ear. In other words, the other ear must be available to hear and be alert to the driver’s surroundings, listening for example horns, emergency vehicles, and brakes screeching. Other than that, the only other currently proposed legislation would restrict cellphone usage for drivers under the age of 18. Presumably that would include using the device for such things as texting.

The Insurance Institute for Highway Safety maintains a list of the states which have law restricting cellphone use and texting.

In dealing with the number of accident victims as we do, we regularly see cellphones as a contributing cause to many an accident. As a personal injury attorney, I will regularly secure cellphone records and thoroughly question parties regarding cellphone use prior to, during, and after a motor vehicle accident. With the number of vehicles on the roads in Florida’s metro areas, any law that forces drivers to think twice before becoming potentially distracted could only be a good thing.

About the Law Firm

The Law Offices of James W. Dodson, an Attorney in Tampa, specialize in personal injury, car accident, and slip and falls cases. For more information, please view their Personal injury video on YouTube or contact them for a free legal evaluation.