To the best of our knowledge negligent driving is not an offense you can be cited for in Florida however careless driving and reckless driving are moving violations that you can be written up for and may apply. To find out what you could be ticketed for in the situation you described you should check with the Florida Department of Highway Safety and Motor Vehicles (HSMV) and/or FL law enforcement.

Careless driving is defined in FL Statute 316.1925 where it states that any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

Florida statute 316.19 is the law regarding reckless driving where it states that any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Damage to the property or person of another while driving recklessly commits a misdemeanor of the first degree.

Florida has done studies regarding distracted drivers but do not yet have specific legislation regarding drivers that were clearly distracted by their blackberry, cell phone, etc. The latest published report noted that cell phone usage accounted for over 20% of those crashes involving distracted drivers, more than any other distraction and especially common among younger drivers.

A number of states have placed limitations on using cell phones while driving, including at least 18 that prohibit cell phone use by drivers who are young, in training, or have restricted licenses; 12 that prohibit cell phone use by school bus drivers; and 6 that limit drivers cell phone use to hands-free cell phones but more legislation concerning the use of cell phones while driving is continuously being looked at in states that have yet passed any laws.

Until FL laws change, from what we have read currently in Florida you may be cited for careless or reckless driving depending upon how poorly you were driving prior to the accident. Likely you would be cited for following too closely since you rear ended a car and possibly careless driving since you failed to pay attention.

As far as insurance companies are considered when determining fault, since you were clearly at fault for rear-ending a person due to being distracted by your Blackberry so you would be found to be negligent and thus liable for the property damages you caused the other party.

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