Stuart: Driving and talking on a cell phone at the same time is not illegal in Florida, but it can be dangerous, and it can expose employers to increased liability risks. A safer option is to use a "hands-free" cell phone. To encourage safer driving while talking on a cell phone, the Accident Law Offices of Philip DeBerard with offices in Stuart, Port St. Luice and Okeechobee, has launched the "Safety First" program which provides a free hands-free gel cell phone holder for drivers of all ages.

Each of the gel pads holds a cell phone on the vehicle’s dashboard, so the driver doesn’t have to search for the phone or hold the phone while talking. Anyone who wants a free cell phone pad mailed to them can call 772-288-2887x211 or 1-800-I AM HURT or go to www.flainjurylawyer.com and complete the request form.

According to a recent study from the Cellular Telecommunications & Internet Association (CTIA), more than 254 million people had cell phones as of February 2008, up from 4.3 million in 1990. Studies have found that drivers talking on cell phones are slower to react to brake lights, and less likely to keep up with the traffic flow. According to the Florida Department of Highway Safety and Motor Vehicles, 26 car accident fatalities and 1,364 car accident injuries in Florida involved driver distractions.

"The only safe driver is one who drives defensively at all times," attorney Philip DeBerard said. "And that is totally impossible when searching for or holding a cell phone and trying to drive at the same time. Hands-free talking is safer, but drivers can still become so absorbed in their conversations that their driving is severely impaired, jeopardizing the safety of vehicle occupants and pedestrians."

If a call must be answered while driving, Philip DeBerard advised having the phone on the gel pad where it can easily be found without taking your eyes off the road. "You should memorize the feel of the buttons on your phone, so that you don't have to look down at it to accept or place a call," he said.

Teen drivers probably shouldn’t use cell phones at all when driving, DeBerard warned. "As new, less experienced drivers, they need to be even more focused, and they should be restricted from even using hands-free phones," he said.

Attorney Philip DeBerard recommends that employers develop a cell phone policy that requires employees to pull off the road before conducting business by cell phone. This is a lesson a local company learned recently when it had to pay a $1,750,000 settlement won by the Accident Law Offices of Philip DeBerard due to an employee who caused an accident while talking on his cell phone.

Under Florida law, employers may be held legally accountable for the negligent acts of employees committed in the course of employment. Employers may also be found negligent if they fail to put in place a policy for the safe use of cell phones. Generally, the employee must be working in order for the employer to be held liable, but it typically doesn't matter if the employee is using a company issued cell phone.

In 2003, the Florida legislative made it illegal for local jurisdictions to ban cell phone use while operating a motor vehicle. Earlier in 2008, bills were introduced that were aimed at reducing cell phone calls in moving cars, but none were passed. One bill would have banned all Florida drivers from sending a call, text messaging, dialing, listening, or speaking on a wireless device without a hands-free device. Another would have banned teen drivers from driving and talking on hand-held devices.

The Accident Law Offices of Philip DeBerard is an AV- rated law firm and has served the Treasure Coast (Stuat, Port St. Luice, Ft. Pierce ,Vero Beach and Okeechobee)for more than 34 years, representing injured clients and their families, with offices in Stuart and Okeechobee. To learn more about the firm and its services, visit www.flainjurylawyer.com

If you must talk on the phone while driving, you can reduce the risk by:

1. Using hands-free devices.

2. Never look up numbers or take notes while driving.

3. Making calls when you are not moving or before pulling out into traffic.

4. Keeping conversations short.

5. Avoid emotional or complex conversations until you are off the road.

6. When in heavy traffic, hazardous weather, or stressful situations, not using the phone is recommended.