Distracted Driving Laws

What Exactly Is Distracted Driving?

The definition of distracted driving is the practice of operating a motor vehicle while engaged in another activity that takes one's attention off the road. Makes sense, right?

When most people think of distracted driving, they typically think of cell phone use. But the National Safety Council says that only accounts for 1.6 million crashes annually, there are other problems out there too. 

Percentage of fatal crashes due to cell phone use or other distractions while driving

In addition to cell phone use, the NHTSA includes the following reasons for accidents under the distracted driving umbrella

Manual distractions: When the driver takes their hands off the wheel

• Example: Fiddling with the radio

Visual distractions: When the driver takes their eyes off the road

• Example: Eyes drawn to a passenger, or something on the side of the road

Cognitive distractions: When the driver takes their mind off the act of driving

• Example: Deep thoughts about what to make for dinner tonight

8 Shocking Statistics About Distracted Driving

Which States Have Laws against Distracted Driving?

Currently, every state in the US has a law that prohibits some sort of cell phone usage except Montana and Arizona. But in 2021, Arizona will officially roll out new laws for all drivers, so Montana will be the only state left without such a law.

Compare your state to the rest of the US when it comes to texting and driving restrictions

What Is the Fine for Distracted Driving?

Totally depends on where you live. The fines for violating cell phone usage laws while driving vary by state. The most expensive fines in the US are in Alaska and Utah, while some of the least expensive are in Kentucky and South Carolina. 

State	Fine/Penalty
Alabama	Fine of $25 for first offense, increased fines for subsequent offenses
Alaska	Fine of $500
Arizona	Laws against texting go into effect in 2021 and will carry fines of $149 to $250
Arkansas	Fines of up to $100
California	Fine of $25 for first offense, $50 for subsequent offenses
Colorado	Fine of $50 for first offense, $100 for subsequent offenses
Connecticut	Fines of up to $125
Delaware	Fine of $50 for first offense, up to $300 for subsequent offenses
District of Columbia	Fines ranging from $100 to $200
Florida	Fine of $30 per offense
Georgia	Fine of $150 per offense, plus one point added to your driving record
Hawaii	Fines starting at $297
Idaho	Fines of up to $85
Illinois	Fines of up to $75
Indiana	Fines of up to $500
Iowa	Fine is $30, but can go up to $1,000 if your cell phone use results in a collision
Kansas	Fines of up to $60
Kentucky	Fine of $25
Louisiana	Fines starting at $175
Maine	Fine of $100
Maryland	Fines of up to $100
Massachusetts	Fine of $100 for first offense; $250 for subsequent offenses
Michigan	Fines of up to $100
Minnesota	Fines of $50 to $275
Mississippi	Fines of up to $100
Missouri	Fines of up to $200, applies only to teen or novice drivers and school bus drivers
Montana	N/A; there are no laws prohibiting cell phone use while driving in this state
Nebraska	Fines of up to $200, plus up to three points added to your driving record
Nevada	Fines starting at $50
New Hampshire	Fine of $100
New Jersey	Fines of up to $400
New Mexico	Fines starting at $25
New York	Fines for a first offense can be as high as $200
North Carolina	Fine of $100
North Dakota	Fine of $100
Ohio	Fine of $100 -- If under 18, the fine is $150 plus a six-month suspension of your license
Oklahoma	Fines start at $100 and can include the suspension of your drivers license
Oregon	Fines of up to $500
Pennsylvania	Fines start at $50
Rhode Island	Fine of $85
South Carolina	Fine of $25
South Dakota	Fine of $100
Tennessee	Fine of $50 plus a court fee of $10
Texas	There is no statewide law, but 100 cities in the state have their own laws and penalties
Utah	Fine of $750 plus up to 3 months in jail; if texting results in accident with injuries or death, the fine is $10,000 plus up to 15 years in jail
Vermont	Fines up to $200 for first offense; $250 to $500 for subsequent offenses
Virginia	Fines up to $125
Washington	Fine of $124
West Virginia	Fine of $100 for first offense; $200 for second offense; $300 plus three points on driving record for each subsequent offense
Wisconsin	Fines from $20 to $400 with a possible four points added to the offender's driving record
Wyoming	Fines up to $75

Does Distracted Driving Increase My Insurance Rates?

Even if you've never had a moving violation in your entire driving career,  the distracted driving epidemic has probably already caused your insurance rates to go up. Since the use of smartphones has increased over the last decade, so has the number of accidents and the severity of injuries sustained in these accidents. 

As a result, the National Association of Insurance Commissioners (NAIC) reports that overall auto insurance premiums have increased by 16% since 2011.

It should be fairly obvious that distracted driving increases your risk of being in an accident, so even if you live in a state like Montana, where texting while driving is legal, if you're in an accident while doing so, you'll see a rate increase.

How Can I Report a Distracted Driver?

Say you’re driving down the road and you’re passed by a driver who's having a little FaceTime chat on their cell phone. Or what if you see some driver swerving between lanes and you think they may be intoxicated, but it turns out they are watching videos on their phone? What can you do?

Our experts reached out to law enforcement to see how we should handle this situation in the moment, and they responded by saying they prefer that you NOT report distracted driving.  Wait, what? Why?

Why Should We Not Report Distracted Drivers?

Because they are unable take any action based on just your call, and because reporting a distracted driver could jeopardize your safety. They prefer that you leave the distracted driver alone, and leave it up to the long arm of the law to catch these drivers in the act themselves.

If you feel like a distracted driver is posing a serious danger to you, others or themselves, and you decide you just have to contact law enforcement, here are the do’s and don’ts you should know:

Do:

• Maintain a safe distance from the distracted driver: For your own safety, you'll want to make sure you've got a good distance between you in case the driver suddenly brakes or swerves. You can also pull over, if it's a safe time and place to do so. 
• Get information about the driver and vehicle: This is easier if you have a passenger in the car who can record information such as license plate number, vehicle make, model and color, and a general description of the driver, if you can see them.
• Notify the authorities: Only call 911 if the driver is posing a clear and imminent danger to others. Otherwise, you can call the local police station’s non-emergency line when you get back home. Do not call the authorities while you're driving. Either have someone else in the car do it for you, or pull over and make the call yourself. Again, this is only for emergency situations. If you just want to report that someone is engaging in dangerous behavior, it can wait until you get home.

Do Not:

• Follow the driver to see where they live or where they are going.
• Confront the driver. You could be putting yourself in danger.
• Attempt to record video footage of the dangerous driver while you yourself are driving. If you want to get video footage, have a passenger in your car do it. If you have no passengers, you should not get video.

My State Has a Hands-Free Law, Can I Add Bluetooth to My Car?

Yes.  Please do.

You can add Bluetooth to your vehicle for less than $30. If you're looking to spend more money for more features, popular brands also sell products that meet similar technology requirements found in new cars today. Below are a few of our favorites.

Bluetooth Products	Model	Rating	Price	Features
	Anker ROAV Smart F2		$24.99	Wireless Smart Phone Compatible Bluetooth Hands-Free Calling
	Anker ROAV Smart F3		$29.99	Wireless Smart Phone Compatible Bluetooth Hands-Free Calling
	Scosche BTFreq		$30.99	Wireless Smart Phone Compatible Bluetooth Hands-Free Calling
	Kenwood In-Dash: KMM-BT325U		$89.99	Smart Phone Compatible Bluetooth Enabled Satellite Ready Detachable Hands-Free Calling
	Pioneer In-Dash: DEH-S412OBT		$89.99	Smart Phone Compatible Bluetooth Enabled Detachable Hands-Free Calling
	Alpine In-Dash: UTE-73BT		$99.99	Smart Phone Compatible Bluetooth Enabled Detachable Hands-Free Calling
	JVC Touch Screen: KW-V250BT		$229.99	Smart Phone Compatible Bluetooth Enabled Satellite Ready Camera Inputs: 1 Hands-Free Calling Touch Screen
	Kenwood Touch Screen: DDX376BT		$229.99	Smart Phone Compatible Bluetooth Enabled Camera Inputs: 1 Hands-Free Calling Touch Screen
	Pioneer Apple Car Play: AVH-1550NEX		$449.99	Smart Phone Compatible Bluetooth Enabled Satellite Ready Camera Inputs: 2 Steering Wheel Control Hands-Free Calling Touch Screen

What Are States Doing To Prevent Distracted Driving?

As the problem of distracted driving increases, states are creating new laws nearly every day to help limit the dangers posed on our nation’s roadways. 

Although the main focus up to now has been on banning texting while driving, more and more states are beginning to require hands-free cell phone use and are starting to put laws on the books to make other distracting behaviors, like eating or watching videos, illegal while driving.

Depending on where you live, the penalties for distracted driving can range from fines, to suspension of driving privileges, to jail time. Play it safe. Leave the distractions for when you are no longer behind the wheel.

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