Some studies indicate that distracted driving is more dangerous than drunk driving. In Wisconsin alone, about 25,000 car accidents a year are caused by distracted driving. Although Wisconsin does not lead the nation in this regard, neither is it one of the safest states in which to drive. Consequently, Wisconsin’s distracted driving laws are robust, although they are not as restrictive as the laws of some other states.
Distracted Driving Restrictions
Texting while driving is banned for all drivers in Wisconsin, with certain narrow exceptions for emergencies and the like. Drivers on probationary licenses and instruction permits are even more restricted – they cannot use any type of cell phone or electronic communications device, even a hands-free model, except to report an emergency. On-duty commercial drivers may not use handheld cell phones while driving. The law also forbids the use of installed video monitors while driving, due to their distraction potential.
Drivers on unrestricted licenses are free to talk on cell phones while driving. As of October 1, 2016, however, drivers must use hands-free versions while driving through work zones such as road construction areas.
Penalties for Distracted Driving in Wisconsin
The penalty for texting and driving is a fine of $20 to $400 plus four demerit points against your DMV driving record. For other offenses, the fine is $10 to $40 for the first offense and $50 to $100 for a second offense within one year. Drivers on probationary licenses who violate the law are subject to an additional six-month delay in receiving their an unrestricted license, while drivers on instruction permits are subject to an additional six-month delay in receiving their probationary license
What Happens in Wisconsin if Your Accident was Caused by a Distracted Driver?
When a driver causes an accident by violating a safety standard such as the texting and driving ban, Wisconsin applies the common law “negligence per se” rule. This means that if you are sued for the accident and the other party proves that (i) you violated the law and (ii) your violation actually caused the accident, you are automatically negligent. Once you are found negligent, the only way you can avoid paying damages is to prove that the other party was at least 51 percent at fault for the accident.
If your employee gets sued for an on-duty traffic accident, you might be dragged into the lawsuit as a joint defendant, because as an employer you are considered legally responsible for the on-duty wrongdoing of your employee even if you were not personally at fault.
Possible Criminal Penalties for Distracted Drivers in Wisconsin
In 2010 a Wisconsin driver was charged with negligent homicide for texting immediately prior to a fatal accident. Evidence was provided by her cell phone records and by the company records of her service provider. A felony charge is a very real risk if you cause death or serious injury through distracted driving. Fortunately, a criminal charge is not inevitable. Your lawyer might be able to successfully argue that your conduct amounted only to ordinary civil negligence rather than criminal negligence – ultimately the distinction is highly subjective and circumstantial.
– Updated through September 1, 2016