In 2023, distracted driving caused 3,725 deaths in the United States. Understanding this form of dangerous driving can help you avoid crashes, stay on the right side of state laws, which can carry serious consequences for driving offenses, and understand what to do if an inattentive driver hits you.
At Feller & Wendt, LLC™, our car accident lawyers have a history of success assisting people hurt by the actions of others, including distracted drivers. We are committed to providing unmatched client service while aggressively protecting our clients’ rights.
What Is Distracted Driving?
Distracted driving is any activity that diverts attention away from operating a vehicle. There are three main types of distraction:
- Visual: Eyes off the road
- Manual: Hands off the wheel
- Cognitive: Mind off driving
Examples of Common Distractions
Common distracted driving behaviors may fit into more than one category, including:
- Texting or using a phone
- Eating or drinking
- Adjusting the radio or GPS
- Talking to passengers
- Daydreaming or fatigue
At 55 mph, your car moves about 20 yards per second. It only takes a few seconds of distraction, like looking at your phone or adjusting the radio, to drift into another lane or hit the car in front of you. Distracted driving risks are especially high in places like Utah, Arizona, and Idaho, where long, quiet roads can make it easy to stop paying attention. With fewer things to focus on, it’s easy to lose track of the road, and that split second of distracted driving can lead to a serious crash.
Laws on Distracted Driving
Eating or turning to talk to a passenger while driving may not be illegal, but drivers are still open to liability in a crash if their distraction causes it. While it is impossible to legislate against every act of distracted driving, every state except Montana has a distracted driving law related to cell phone and other electronic use.
Utah Distracted Driving Laws
Utah’s hands-free law, effective since May 2022, covers cell phones, computers, GPS receivers, and other electronics. The law prohibits texting, messaging, emailing, taking photos, and other actions that lead to distracted driving. It allows for use during emergencies and for hands-free communication.
Violations of the statute start as a Class C misdemeanor with a fine of $100. However, the penalty rises to a Class B misdemeanor if you cause a crash resulting in bodily injury or have a second offense within three years.
Other Utah distracted driving laws prohibit looking around your car for a lost item or attending to personal hygiene or grooming. These actions are a form of careless driving. If you have a question regarding these statutes or need guidance on where to turn for compensation following a crash with a distracted driver, a Utah car accident lawyer can assist you.
Arizona Distracted Driving Laws
Under Arizona’s 2021 ban on handheld electronics use, you cannot hold or support a phone or other communication device with your body while driving. While the law prohibits writing or reading texts, instant messages, or emails, it also allows certain exceptions for hands-free use and reporting emergencies or criminal activity.
A first handheld communications violation in Arizona results in a fine between $75 and $149. A second violation carries a fine of at least $150 to $250. An Arizona car accident lawyer familiar with these laws can guide you through the insurance and legal claims processes after a wreck related to violations of this safety law.
Idaho Distracted Driving Laws
Idaho’s distracted driving laws define distracted driving as anything that takes a driver’s attention away from the focus on driving. Idaho’s laws prohibit using handheld devices such as phones or computers while operating a vehicle. They also ban making calls, sending texts or emails, and watching videos. The state allows for hands-free use, calling 911, or reporting a fire, crime, or other emergency.
Violating the Idaho distracted driving law results in a fine of $75 for a first offense. A second offense within three years carries a fine of $150. For each subsequent offense within three years, the fine increases to $300, and drivers face a 90-day license suspension upon a third offense. Discussing a distracted driving crash with an Idaho car accident attorney can help determine your legal options.
What To Do if You’re Injured by a Distracted Driver
There are several recommended steps to take after you’ve been involved in an accident with a distracted driver. To protect your health and preserve evidence for an insurance claim or a lawsuit, act quickly:
- Call 911 and seek medical attention, even if you don’t think you are seriously injured.
- Document the scene by taking photos and videos.
- Collect witness contact information.
- Stick to the facts when talking to people on the scene; don’t mention fault or your injuries.
- Keep all accident-related documentation, including medical records, communications with insurers, repair estimates, and other evidence.
- Don’t speak with insurers until you consult a lawyer.
- Contact our distracted driving accident lawyers for a free case consultation.
What seems like a straightforward accident case can quickly become complicated when there are disputes about evidence or liability. You may face an uphill battle getting compensation from your or another party’s insurance company without a skilled car accident attorney’s experience, resources, and network to assist you.
How To Prevent Distracted Driving
Distracted driving accidents are avoidable if everyone sharing the road takes basic safety precautions. Follow these 10 tips for distracted driving prevention:
- Plan ahead, even for short trips.
- Set your GPS and playlists before starting your car.
- Finish calls or texts before driving.
- Use hands-free technology.
- Avoid multitasking while driving, such as grooming, eating, or adjusting settings, and pull over safely if something in the car that might distract you needs immediate attention.
- Talk to your teen drivers about distracted driving.
- Practice what you preach, modeling proper driving behavior for your kids.
- Use safety apps to silence your phone when you hit a preset speed and send auto-replies that you are driving.
- Create family contracts or pledges to drive distraction-free.
- Talk to your employer or employees about company driving policies and enforcement.
Consequences of Distracted Driving
There are legal consequences for driving while distracted, particularly if you cause an accident resulting in injury or death. Convictions can include jail time, fines, and license points that could lead to suspension or revocation. Violations may also have a cumulative effect if they occur along with other offenses.
In Utah, three traffic violations within three miles can lead to a reckless driving charge, a Class B misdemeanor. For instance, a driver who speeds, fails to signal, and uses their cell phone qualifies for this higher charge that could result in up to six months in jail and a $1,000 fine.
Distracted drivers are also open to civil liability for damages from a crash if an injured party sues them. The driver who wasn’t paying attention potentially faces higher car insurance premiums, which increases their financial losses.
There is also an emotional and physical toll when people in a distracted driving accident have life-altering injuries or die. Victims may experience pain and suffering and other damages, and the distracted driver must live with guilt and remorse, especially in fatal crashes.
Get Expert Legal Advice if You’ve Been a Victim of Distracted Driving
You can’t control the actions of others on the road, and unfortunately, distracted driving accidents are common. At Feller & Wendt, LLC™, our seasoned personal injury attorneys understand the physical, financial, and emotional challenges that people face after a crash with a negligent, distracted driver.
Partner with us to pursue compensation and justice by calling 801-499-5060 or completing our online contact form to start your free case evaluation. We will work tirelessly to resolve your claim fairly so you don’t have to go to court. We have a 99 percent success rate, and less than 5 percent of our cases go to a jury.
* This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
