Florida Auto Accident Attorneys

Florida’s Move Over Law Means….Move Over! Florida Accident Lawyers

Most people don’t have a true understanding of how fast cars are traveling on the highways because they’re traveling along with everyone else. If you have ever had a breakdown and exited your car while other cars are flying by at 70 miles-per-hour, then you know. It’s fast! And it’s dangerous.

Police officers, paramedics, tow truck drivers, and others who respond to situations on the highways are often positioned very near the speeding traffic in order to do their jobs and they are in harm’s way. Because of this all 50 states have passed laws requiring that drivers approach emergency and service vehicles on the side of the road with caution, slower speed, and also requires that they “move over.”

In Florida, Statute 316.126 Title: Operation of vehicles and actions of pedestrians on approach of an authorized emergency, sanitation, or utility service vehicle includes the requirement to use caution and move over. Summary: State law requires drivers to reduce speed to 20 mph less than the posted speed limit and, if safe to do so, vacate the lane closest to stationary emergency vehicles, including towing and recovery vehicles, when traveling in the same direction. If such movement cannot be safely accomplished, the driver shall reduce speed.


A Fallen Officer’s Story
Deputy Sheriff Ryan Christopher Seguin Broward County Sheriff’s Office, Florida was struck and killed Feb. 15, ’06, by the driver of a vehicle as he and his partner made a traffic stop on Interstate 595 in Broward County, Florida. He was 23 years old.

 

 

Florida’s Limited Text Ban

If you drive from state to state, you’ll likely be confused by differences in traffic laws pertaining to cell phone use and texting. And claiming “I didn’t know” is not going to convince a police officer to cut you a break. Ignorance of the law is…..ignorance of the law!

In many states you can’t use your hands at all to operate a cell phone for calls or texts, other states allow it freely. Wikipedia has a chart for all 50 states that covers phone, texting, and restrictions, including age restrictions. Young drivers are often prohibited from using phones while driving while older drivers are permitted to do it.

The least we should be is aware of what the law says here in our home state of Florida, so let’s look at it.

In October, 2013, Florida enacted a limited ban on text messaging while driving. The law poses no limitations on cell phone use, however.

The law (Statute 316.308) states:

Fort Lauderdale Personal Injury Attorney“A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data in such a device for the purpose of non-voice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.”
In other words, drivers in Florida can’t type into a virtual keyboard, or send or read messages. Keep in mind that even if a driver does manually enter information into a wireless device, that will not by itself result in arrest. A driver can only be charged for violation if arrested for another motor vehicle violation.

Fort Lauderdale Personal Injury Attorneys

We are personal injury attorneys with extensive experience representing victims of motor vehicle accidents, and we have seen far too many cases where people have been very seriously injured because someone was looking at their phone instead of the road. W urge people to read and understand the law, but we also recommend that people take it a step further and just don’t use your phone while driving, unless it’s an emergency. There is nothing more important than your safety and the safety of others.

Please feel free to call us if you have questions, or if you have been injured in a motor vehicle accident. We’ll be happy to sit down with you and hear your story, then recommend a course of action. Call us at 954-356-0006, and thank you.

What to do When You’re Stopped by the Police – Florida Accident Attorneys

We aren’t criminal defense attorneys, so we’re not going tell you what to do if you are pulled over and you’ve been drinking or you haveFlorida Accident Attorneys marijuana in your car. There are plenty of videos on YouTube that will give you free advice and qualified defense attorneys you may hire for professional advice about what to do in those circumstances. We will take this opportunity to say that if you’ve been drinking, please do not drive.

You do have rights, and we will touch on those, but it’s important to understand that being pulled over by the police is a strenuous time for you, and for the police officer. There’s a saying “There’s no such thing as a routine traffic stop,” and here is why: In 2015, off the 41 officers feloniously killed, eight were investigating suspicious persons or circumstances; seven were involved in tactical situations; six were conducting traffic pursuits/stops; five were killed in arrest situations; four were ambushed; three were killed while answering domestic disturbance calls; three were killed in unprovoked attacks; two were handling, transporting, or maintaining custody of prisoners; two were handling persons with mental illnesses; and one was conducting an investigative activity (such as surveillance, a search, or an interview).

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