Jordan R. Wagner | September 2, 2026 | Florida Law
Distracted driving remains one of the leading causes of serious accidents across Florida. To address the problem, the state has enacted laws limiting how drivers can use their phones while driving. However, Florida’s rules are not as simple as a blanket ban. What you are allowed to do with your phone depends on multiple factors, including the activity in question as well as the type of road you’re on.
Determining these distinctions is important if you have been injured by a distracted driver, because a violation of these laws can directly affect your car accident claim. Learn all about how it works below.
What Florida’s Hands-Free Laws Prohibit
Florida made texting while driving a primary offense in 2019 under Statute 316.305. This means law enforcement can pull you over solely for texting while driving, without first observing a separate traffic violation.
The ban covers several forms of manual device interaction while your vehicle is in motion, including:
- Typing and reading text messages
- Sending and reviewing emails
- Writing and receiving instant messages
Florida Statutes 316.306 takes things further in certain designated areas. In active school zones, school crossings, and construction zones where workers are present, all handheld device use is prohibited. That includes phone calls.
Outside of those areas, drivers can still legally make and receive phone calls while holding the device. Hands-free voice features like Bluetooth calling and talk-to-text are permitted statewide, as are navigation apps. Florida lawmakers have also introduced broader hands-free bills in recent legislative sessions that would ban all handheld device use while driving, though none have become law yet.
What Does This Law Mean for My Personal Injury Case?
Evidence that a driver violated Florida’s distracted-driving laws may be relevant in determining fault after a crash. If someone who was using their phone in an unlawful manner causes an accident, the violation can serve as powerful evidence of negligence in a personal injury case.
If a distracted driver caused your injuries, proving they were using their phone at the time of the crash could significantly strengthen your claim for compensation. While Florida is a “no-fault” state for car insurance, you can still take legal action against the opposing party in many circumstances and recover full economic and non-economic damages.
Florida also has a modified comparative fault law in place. This law means that you can still recover compensation even if you share some of the blame for your accident, but only as long as you are less than 51% responsible. Hands-free law violations could also lead to a higher percentage of shared fault in this context.
Contact a Stuart Car Accident Lawyer at Kibbey Wagner Injury & Car Accident Lawyers
If you were involved in a car accident caused by someone else’s distracted driving, you may be entitled to significant compensation. An experienced Stuart car accident lawyer can help you navigate Florida’s no-fault system and work to ensure you recover as much as you’re entitled to under the law, including by taking your case all the way to trial if that’s what it takes.
For more information, please contact the Stuart, Port St. Lucie, or Palm Beach Gardens personal injury law firm of Kibbey Wagner Injury & Car Accident Lawyers to schedule a free consultation today.
We proudly serve Martin County, St. Lucie County, Palm Beach County, and its surrounding areas in Florida:
Kibbey Wagner Injury & Car Accident Lawyers Stuart
73 SW Flagler Ave
Stuart, FL 34994
(772) 444-7000
Kibbey Wagner Injury & Car Accident Lawyers Port St. Lucie
1100 SW St. Lucie West Blvd. Ste 208
Port St Lucie, FL 34986
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Kibbey Wagner Injury & Car Accident Lawyers Palm Beach Gardens
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