Iowa has enacted a statewide law prohibiting distracted driving. While certain activities involving the use of portable electronic devices are prohibited, other distracting activities, such as eating or grooming in the rearview mirror, can also earn you a citation. In Iowa, the state distracted driving law is exclusive – cities and counties may not enact their own distracted driving bans.
General Distracted Driving Restrictions in Iowa
There is a general ban on texting while driving that is applicable to every driver unless a specific exception is provided for in the law. “Texting and driving” includes reading, composing and sending text messages, except for reading safety-related information and for emergencies. Iowa’s texting and driving ban is a secondary law – the officer must witness you committing a separate violation, such as speeding, before he can cite you for texting and driving. Unlike some states, there are no special restrictions on bus drivers.
Special Restrictions on Novice Drivers in Iowa
Iowa issues full driving privileges in three stages – learner’s permit (minimum age 14), intermediate license (minimum age 16) and full driving privileges (minimum age 17). Drivers on learner’s permits and intermediate licenses are prohibited from all cell phone use while driving, even hands-free models using speakerphones, etc. This is a primary offense – the officer doesn’t have to witness you committing some other violation before he can pull you over for using a cell phone while driving.
Penalties
In Iowa, the penalties for distracted driving vary from $30 for a first offense to as much as $1,000 for causing a serious traffic accident by distracted driving.
In the Event of an Accident
The $1,000 you might be fined for distracted driving in the event of an accident is small change compared to the lawsuit damages you might face in court if the accident turns out to be your fault. If you are the defendant in a traffic accident lawsuit and the plaintiff (the person suing you) proves that (i) you violated Iowa’s distracted driving statute and (ii) your violation was a substantial cause of the accident, you will be ruled negligent per se, which means that you will be found automatically negligent.
The negligence per se principle applies even if you were not ticketed for distracted driving at the time of the accident, as long as the plaintiff can prove that you were actually guilty. Even if you were using a cell phone legally at the time of the accident, the plaintiff can still try to prove that using a cell phone was negligent under the particular circumstances of the accident.
On the other hand, if you sue the other driver for the accident, the other driver can reduce the amount of damages you are entitled to or even defeat your claim entirely, if he can prove that you were partially at fault for the accident because of distracted driving. If you were less than 51 percent at fault, his damages will be reduced, but if you were at least 51 percent at fault your case will be thrown out of court and you might even have to pay the other driver.
Possible Criminal Penalties
Criminal charges are rare in distracted driving accidents, but they can happen. The difference between a lawsuit and a criminal trial depends on the degree of your negligence – if it was outrageous, you may face criminal charges (texting while driving through a mall parking lot, for example, might be enough if you hit a pedestrian). You can be still be sued for the accident even while facing criminal charges.
– Updated through September 1, 2016