Many people enjoy listening to music or watching their favorite videos on their cell phones and other electronic devices today. It seems everyone has a compatible listening device, such as Air Pods, earbuds, or headphones that allow them to enjoy their favorite programming.

While using headphones may be preferable in public spaces so others aren’t bothered by loud music, wearing headphones or other listening devices while driving a vehicle is illegal under Florida law. According to Florida Statute 316.304, “no person shall operate a vehicle while wearing a headset, headphone or other listening device, other than a hearing aid…”

One of the main reasons for this law concerns a driver’s ability to hear and respond to traffic while driving. In many instances, a driver wearing headphones can’t hear emergency vehicles, such as fire or police, which may be coming up behind them. In addition, if a driver is distracted with their headphones, they may not be able to see hazards in their path.

What’s more, a driver wearing headphones may not be able to hear the warning signs of their vehicle having mechanical trouble, such as a flat tire. Finally, using headphones or other devices may cause a driver to be distracted or unable to focus on driving, which can lead to dangerous situations and even crashes.

Are There Any Exceptions to the Law Regarding Headphones and Driving in Florida?

Drivers are permitted to wear one Air Pod or earbud while driving but should never have an electronic device in both ears while operating a motor vehicle. Please note: Drivers are permitted to wear hearing aids that amplify sounds while driving.

Some other notable exceptions to the law include:

  • Police officers wearing necessary communication devices;
  • Motorcycle helmet speakers that don’t make contact with the rider’s ears;
  • Necessary ear protection for emergency medical transport drivers.

Can I Wear Headphones While Riding My Bicycle?

Bicycle riders are subject to the same laws as those who drive motorized vehicles and are not permitted to wear headphones, headsets or other devices in both ears. However, just as with motor vehicle operators, bicyclists are permitted to wear hearing aids to assist their hearing, or one ear bud/Air Pod for use with their cell phone. Bicyclists are permitted to wear headphones or other devices while riding on a path that is not part of a roadway.

What Happens if Someone is Wearing Headphones and Causes an Accident?

If you’ve been injured in an accident and the other driver was wearing headphones, you may be entitled to seek financial compensation for the damages you’ve incurred. The negligent driver could be found liable for the accident and based on the unique facts surrounding the accident, their insurance company could have to pay for your medical bills and lost wages.

However, if you were wearing headphones or other electronic listening devices, but another driver caused an accident, you could be subject to Florida’s amended comparative fault law. With the new modified comparative negligence standard in Florida, if the injured party is found to be more than 50% at fault for their own harm, they may not recover any damages.

How Can an Attorney Help Me if I Was Injured in an Accident?

Navigating Florida’s complex legal system can be confusing. That’s why, regardless of the circumstances, if you’ve been injured in an accident, you should speak with an experienced car accident injury attorney who can thoroughly review your case and act as your legal advocate to ensure your legal rights are protected.

Hiring an attorney can also help you obtain maximum compensation for your injuries and any other damages you’ve suffered. For more information and a free, no-obligation case review, contact RTRLAW today or call us toll free at 1-833-HIRE-RTR (1-833-447-3787).