Navigating Idaho's distracted driving laws and protecting your rights
This article covers the essential information about Idaho's distracted driving laws, including the types of distractions, texting ban, penalties, and additional rules for minors. It also provides a step-by-step guide on what to do if you've been injured in a distracted driving accident in Idaho.
In today’s fast-paced world, distractions have become an unfortunate part of our lives. Idaho has implemented strict laws to prevent distracted driving and protect its citizens.
If you’ve been injured in a distracted driving accident, it’s important to understand Idaho’s distracted driving laws, your rights, and the legal options available to you.
Understanding distracted driving in Idaho
Distracted driving refers to any activity that diverts a driver’s attention from the primary task of driving. Distracted driving can be classified into three main types:
- Visual distractions: Taking your eyes off the road
- Manual distractions: Removing your hands from the steering wheel
- Cognitive distractions: Taking your mind off driving
Common distractions include using a cell phone, eating, grooming, adjusting the radio, and interacting with passengers. Idaho law specifically targets cell phone use while driving, as it combines all three types of distractions and significantly increases the risk of accidents.
“It’s not just cell phones. We’ve got dogs in the car, kids screaming in the background, you’re trying to eat while you’re juggling and drinking your coffee. All these things add up to more distracted driving and they’re all dangerous,” said Idaho Trooper Scott Bolen.
In 2021, over 5,000 distracted driving crashes were reported in Idaho. Those crashes caused over 30 deaths and over 200 serious injuries.
Idaho’s texting and driving laws
Under Idaho Code § 49-1401A, TEXTING while driving is prohibited for ALL DRIVERS, regardless of their age or experience. This law defines "texting" as:
- Reading from a handheld electronic device
- Manually entering text into a handheld electronic device
- Transmitting text via a handheld electronic device
It's important to note that Idaho's texting ban is a "primary enforcement" law, meaning that a law enforcement officer can pull you over and issue a citation for texting while driving, even if you haven't committed any other traffic violations.
Can I use a hands-free device in Idaho?
Drivers in Idaho are permitted to use electronic devices and mobile phones in hands-free mode. As a driver, you’re only permitted to touch devices to activate hands-free mode; after that, you’re not permitted to hold the electronic device while driving.
Exceptions to the texting ban
While the texting ban is comprehensive, there are certain exceptions to the rule. These include:
- Using a GPS navigation system that is mounted or affixed to the vehicle,
- Using a voice-operated or hands-free device that allows the driver to communicate without manually entering text, and
- Emergency situations, such as reporting a traffic accident, medical emergency, or criminal activity.
Penalties for texting and driving violations in Idaho
Violating Idaho's texting and driving law can result in the following penalties:
First offense | Second offense | Third offense |
---|---|---|
$75 fine plus court costs | $150 fine plus court costs | $300 fine plus court costs; 90-day license suspension |
Idaho’s texting and driving law does have its limitations (at least for first-time violations). Under the law, a conviction for a first offense shall not:
- Result in violation point counts
- Be used to increase your insurance rates
Additional distracted driving laws for minors in Idaho
Drivers under the age of 17 are required by law to limit the number of passengers in the vehicle who are under the age of 17 to not more than one passenger during the first six months from the date the license was issued.
The law does not apply to passengers who are related to the driver by blood, adoption, or marriage.
What to do if you’ve been injured in a distracted driving accident in Idaho
If you've been injured in a distracted driving accident in Idaho, it's important to take the following steps to protect your rights and increase your chances of receiving fair compensation for your injuries:
- Seek medical attention: Your health should be your top priority. Even if you believe your injuries are minor, it's essential to see a doctor to ensure you receive appropriate treatment and documentation of your injuries.
- Report the accident: Contact the police and file an accident report. This report will serve as an official record of the incident and may be used to support a future insurance claim or personal injury lawsuit.
- Gather evidence: Collect as much evidence as possible from the accident scene, including photographs, witness statements, and contact information for all parties involved.
- Document your injuries and damages: Keep detailed records of your medical treatments, lost wages, and any other expenses or losses you incur as a result of the accident.
- Consult an Idaho personal injury attorney: Navigating the legal process after a distracted driving accident can be overwhelming. An experienced car accident attorney can help you understand your rights, guide you through the process, and advocate for the compensation you deserve.
Damages/Expenses Worksheet
Damages worksheet to track expenses for your injury claim (medical treatment, property damage, lost wages, prescriptions)
Download in PDF format
The role of negligence in Idaho distracted driving cases
In Idaho, personal injury claims are typically based on the concept of negligence. To prove negligence, you must demonstrate that the at-fault driver owed you a duty of care, breached the duty of care by engaging in distracted driving, and that their actions directly caused your injuries and damages.
Idaho follows a modified comparative fault rule, which means that if you’re found to be partially responsible for the accident, your compensation may be reduced in proportion to your degree of fault. For example, if you’re awarded $100,000 in damages but are found to be 20 percent at fault for the accident, your compensation will be reduced by $20,000, leaving you with $80,000. If you’re 50 percent or more at fault, you won’t be allowed to recover any damages.
Types of compensation available in Idaho distracted driving cases
If you've been injured in a distracted driving accident in Idaho, you may be entitled to the following types of compensation:
- Economic damages represent the monetary losses caused by your accident (e.g., medical expenses, lost wages, property damage).
- Non-economic damages represent the non-monetary losses caused by your accident (e.g., pain and suffering, loss of consortium).
- Punitive damages are intended to punish the defendant and are only available in cases where the plaintiff can prove by clear and convincing evidence that the defendant’s actions were malicious or outrageous.
Time limits for filing a personal injury claim in Idaho
There is a time limit for filing a personal injury claim in Idaho, known as the statute of limitations. In most cases, you have two years from the date of the car accident to file a lawsuit. If you fail to file within this time frame, you may lose your right to pursue compensation.
It's crucial to consult an Idaho personal injury attorney as soon as possible to ensure you meet all deadlines and protect your rights.
See our guide Choosing a personal injury attorney.