Clearwater, FL — Florida Lawmakers Push Hands-Free Driving Law as Distracted Driving Crashes Continue to Harm Clearwater Residents

Clearwater, FL (January 8th, 2026) – A Florida legislator has filed a hands-free driving bill ahead of the 2026 legislative session that would restrict drivers from holding phones while operating vehicles. The proposed bill comes as distracted driving remains one of the leading causes of serious injuries and deaths on Florida roads. For Clearwater residents who have been injured by distracted drivers, understanding both current laws and potential changes is essential, especially when pursuing compensation for medical expenses, lost wages, and pain and suffering. 

If you or a loved one has been hurt in a crash caused by a distracted driver in Clearwater, or elsewhere in Florida, Light & Wyatt Law Group is here to help. Our experienced distracted driving accident lawyers understand Florida personal injury law and work to hold negligent drivers accountable. Call us today at 727-499-9900for a free consultation.

What the Proposed Hands-Free Law Would Change

The proposed legislation would prohibit Florida drivers from physically holding mobile devices while driving. Currently, Florida law bans texting while driving, but drivers can still hold their phones for calls, navigation, and other purposes. The new bill would require hands-free technology, such as Bluetooth devices, speakerphone, or mounted phone holders, for any phone use behind the wheel.

Supporters of the hands-free bill argue that holding a phone creates dangerous visual, manual, and cognitive distractions that significantly increase crash risk. Data from the National Highway Traffic Safety Administration shows that drivers who engage with handheld devices are substantially more likely to cause collisions resulting in catastrophic injuries or fatalities.

What Is Distracted Driving?

Distracted driving occurs when a driver’s attention is diverted from the primary task of operating a vehicle safely. These distractions fall into three main categories:

• Visual distractions that take a driver’s eyes off the road
• Manual distractions that cause drivers to remove their hands from the steering wheel
• Cognitive distractions that divert mental focus from driving

Mobile phone use is particularly dangerous because it involves all three types of distraction simultaneously. However, distracted driving also includes eating and drinking, adjusting vehicle controls, reaching for objects, grooming, reading, and interacting with passengers in ways that compromise attention to the road.

In Clearwater, distracted driving crashes occur on busy thoroughfares like Gulf-to-Bay Boulevard, U.S. Highway 19, and Memorial Causeway, where split-second attention lapses can result in collisions. Even a brief glance at a phone screen, taking just five seconds at highway speeds, means traveling the length of a football field without looking at the road.

How Distracted Driving Causes Life-Altering Injuries

When drivers take their attention away from the road, even for a few seconds, the consequences can be life-altering. Distracted driving crashes in Clearwater and throughout Pinellas County frequently result in:

• Traumatic brain injuries from head impacts during collisions
• Spinal cord damage leading to partial or complete paralysis
• Broken bones and fractures requiring extensive surgery and rehabilitation
• Internal organ damage that may not be immediately apparent after a crash
• Severe lacerations and scarring with lasting physical and emotional effects
• Wrongful death when victims succumb to their injuries

These injuries often require emergency medical treatment, multiple surgeries, lengthy hospital stays, and ongoing physical therapy. Victims may face permanent disabilities that prevent them from returning to work or enjoying the activities they once loved. The financial burden can be overwhelming, especially when insurance companies attempt to minimize payouts or deny claims altogether.

Florida Personal Injury Law and Distracted Driving Cases

Under Florida law, drivers owe a duty of care to others on the road. When a driver chooses to text, make calls, check social media, or otherwise use a mobile device while driving, they may breach this duty. If that breach directly causes an accident resulting in injuries, the distracted driver may be held legally responsible for the harm they caused.

Florida operates under a modified comparative negligence system. Thus, injured parties can recover damages even if they share some fault for an accident, as long as their share of fault does not exceed 50%. However, insurance companies often attempt to shift blame to victims to reduce their liability. 

In personal injury cases involving distracted driving, victims may be entitled to compensation for:

• Past and future medical expenses
• Lost income and diminished earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Property damage

Proving distraction can be challenging, as drivers rarely admit fault. Skilled attorneys can obtain cell phone records, review police reports, interview witnesses, and work with accident reconstruction experts to build compelling cases demonstrating that phone use contributed to the crash.

Frequently Asked Questions

Can I file a claim if the driver who hit me was talking on the phone, but not texting?

Yes. While texting is explicitly prohibited under current Florida law, any form of distraction, including talking on a handheld phone, can establish negligence if it contributed to the accident. Your attorney can investigate phone records and other evidence to demonstrate the driver’s inattention caused your injuries.

How long do I have to file a distracted driving accident lawsuit in Florida?

Florida’s statute of limitations for personal injury claims is typically two years from the accident date. However, certain circumstances may shorten or extend this deadline, so consulting with an attorney as soon as possible protects your legal rights.

What if the other driver’s insurance company denies that distraction caused the crash?

Insurance companies often dispute fault to avoid paying claims. An experienced distracted driving accident lawyer can subpoena cell phone records, obtain traffic camera footage, gather witness statements, and work with experts to prove the driver was distracted at the time of the collision.

Moving Forward After a Distracted Driving Injury

If the proposed hands-free driving law passes, it may provide additional legal grounds for holding distracted drivers accountable. However, victims of past crashes and those injured before any new law takes effect still have rights under current Florida statutes.

The statute of limitations for personal injury claims in Florida is generally two years from the date of the accident, though exceptions exist. Waiting too long to consult an attorney can jeopardize your ability to recover compensation, as evidence disappears and witness memories fade.

Light & Wyatt Law Group has helped countless Clearwater residents navigate distracted driving accident claims. We handle cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Contact us now at 727-499-9900 to discuss your case with a dedicated distracted driving accident lawyer.

Jim Magazine

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association