Florida's Wireless Communications While Driving Law. Fla. Stat. § 316.305 bans texting, emailing and instant messaging while driving, and since 2019 it's been a primary offense. In school zones, school crossings and active work zones, drivers can't hold a phone at all. When a driver breaks this law and causes a crash, the violation helps show negligence and makes it much harder for the insurer to argue about fault.
Distraction beyond texting. The statute is narrow, but negligence isn't. A driver who crashes while using GPS, watching video, using an in-dash screen or eating can still be held responsible for failing to drive with reasonable care.
Punitive damages. Florida allows punitive damages when a driver's conduct was so reckless that it showed a conscious disregard for the safety of others, proven by clear and convincing evidence. Deliberately texting through heavy traffic can sometimes meet that standard.
No-fault and comparative fault. Your $10,000 in PIP pays first. To claim pain and suffering, your injury must meet Florida's serious-injury threshold. And since 2023, your recovery is reduced by your share of fault and barred if you're more than 50% at fault — so expect the insurer to argue you were distracted too. If the driver has no bodily injury coverage, your uninsured motorist coverage may pay.