[pegbar]

I left Winn Dixie this morning and was going down the aisle to my car when a van in a handicap spot started backing out when I was already behind it. The man driving was on a cell phone oblivious to my presence. As he drove by me he shouted that I should not be walking there. I responded that he shouldn't be on his phone when driving.
He said "that has nothing to do with it". My question is, is it illegal to use a phone anytime the car is running, whether on a road or in a parking lot.

[ColdNoMore]

Google is your friend.


Cell Phones and Florida Drivers - Distracted Driving

Traffic Tickets and Cell Phones

Here's the short version:

1. Talking on a cell phone while driving is not illegal in Florida
2. Texting while driving is illegal in Florida

[tophcfa]

Originally Posted by pegbar

I left Winn Dixie this morning and was going down the aisle to my car when a van in a handicap spot started backing out when I was already behind it. The man driving was on a cell phone oblivious to my presence. As he drove by me he shouted that I should not be walking there. I responded that he shouldn't be on his phone when driving.
He said "that has nothing to do with it". My question is, is it illegal to use a phone anytime the car is running, whether on a road or in a parking lot.

No federal laws, but state laws that vary by state. Some states (including Florida) allow cell phone use for calls but not texting. In general most states do not allow texting and restrict calling to the use of hands free (bluetooth) devices, while others allow phone calls without hands free devices. I am not aware of any states that outright ban the use of cell phones if a hands free device is being used? In my opinion texting while driving is on par with the dangers of drinking and driving, and unfortunately some people do both.

[Lindaketchup]

He should not have backed out without first making sure it was clear to do so, period. Had he hit you, he would have been in the wrong whether he was on a cell phone or not.

[JoMar]

I can see both sides.....there is a responsibility for those walking behind the cars to be alert. There are blind spots when cars or vans are parked next to you. There are several feet between the driver and the back of his car so being able to see people walking is difficult. Talking on the phone might be part of it but even if the driver is looking he may not see you. My rule is if I am walking and I see brake lights and/or back up lights I stop. As with golf carts, if you get hit by a car it doesn't matter who is at fault, you lose.

[retiredguy123]

In my opinion, driving with small children in the car is more distracting than using a cell phone.

[NotGolfer]

Think I just read somewhere that it's now a law in FL to be driving and holding a device (phone). Might have been in yesterday's paper.

[VApeople]

Originally Posted by JoMar

there is a responsibility for those walking behind the cars to be alert.

I completely agree and we try to be VERY alert when walking thru a parking lot. If we see a car with the engine running, we do not walk behind it.

We always try to find pull-thru sites, even at Publix, and we help each other look out for cars and people when we are driving, especially when doing left turns onto a road.

[OrangeBlossomBaby]

Actually, there is no "responsibility" for those walking behind cars to be alert. Pedestrians have the right of way, period. That won't make them any less dead if they get run over, but it is the *responsibility* of the person behind the wheel to make sure he's not going to hit a pedestrian and not the pedestrian's responsibility to make sure he's not about to get hit.

[ColdNoMore]

I just back up quickly...even if there's a little thud.

That usually stops the annoying beeping.

[Number 10 GI]

Originally Posted by Jazuela

Actually, there is no "responsibility" for those walking behind cars to be alert. Pedestrians have the right of way, period. That won't make them any less dead if they get run over, but it is the *responsibility* of the person behind the wheel to make sure he's not going to hit a pedestrian and not the pedestrian's responsibility to make sure he's not about to get hit.

There may be no legal responsibility for the pedestrian but how much will that matter to you as that 3,000+ pound vehicle is backing over your body?
There have been numerous times when I've been backing out of a parking space between a large van on one side and an SUV on the other side and then a pedestrian steps past the vehicle blocking my view. Luckily I've never hit anyone but to blindly walk behind a vehicle that is running and has it back-up lights on is either stupidity or being totally oblivious of what is happening around you. Common sense tells me that when my 195 lb body connects with a 3,000+ lb vehicle I'm the one who will lose the fight.

[JoMar]

Originally Posted by Jazuela

Actually, there is no "responsibility" for those walking behind cars to be alert. Pedestrians have the right of way, period. That won't make them any less dead if they get run over, but it is the *responsibility* of the person behind the wheel to make sure he's not going to hit a pedestrian and not the pedestrian's responsibility to make sure he's not about to get hit.

I don't think that is right. There is a Florida Statute, (316.130) that details the responsibility of pedestrians. Item (8) states  No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. Also, whatever happened to personal responsibility?

[Topspinmo]

Originally Posted by JoMar

I don't think that is right. There is a Florida Statute, (316.130) that details the responsibility of pedestrians. Item (8) states  No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. Also, whatever happened to personal responsibility?

Walking down parking lot is NOT place of safety.

[Brawnwy123]

Originally Posted by pegbar

I left Winn Dixie this morning and was going down the aisle to my car when a van in a handicap spot started backing out when I was already behind it. The man driving was on a cell phone oblivious to my presence. As he drove by me he shouted that I should not be walking there. I responded that he shouldn't be on his phone when driving.
He said "that has nothing to do with it". My question is, is it illegal to use a phone anytime the car is running, whether on a road or in a parking lot.

Well you will probably find, as we have, the most generous collection of rude drivers, drunk, on the phone, with dog in lap, speeding, etc., etc. This is the Villages, it is normal, just normal. If you want to really see this mindless action in person, a lot, then try riding a bike around here.

[VillageIdiots]

Illegal or not, it's apparent to me that using a smartphone while driving is very prevalent these days and laws aren't making people put them down. I spent about 8 hours on I-95 North yesterday, through 4 states, driving a pickup truck that sits high enough to see into most passing vehicles. I saw an alarming number of people, of all ages, driving while staring at a phone using at least 1 hand, and sometimes 2. Most of these people were passing me on the left going significantly faster than the 74mph I had my cruise control set at.