Many studies indicate that distracted driving is as dangerous or possibly even more dangerous than DUI. The most common form of distracted driving in recent years has been the use of cell phones and other electronic devices while driving. In response to this, almost all states have enacted some sort of prohibition against the use of these devices while driving. While Arizona has enacted such a ban, its ban is one of the least restrictive on the nation. Nevertheless, major cities have enacted more restrictive bans, and civil consequences could ensue if you are involved in an accident while texting and driving.
Distracted Driving Restrictions
Arizona bans school bus drivers from the use of all cell phones while driving. This ban applies regardless of whether or not the phone is a hand-held model, on the reasoning that even speaking into an earpiece or a speaker phone can distract a driver by taking his mind off the road. The ban is considered is a primary offense, which means that, unlike a secondary offense, a police officer can pull over a school bus driver even if he doesn’t witness him committing some other violation first.
All other drivers, including off-duty school bus drivers, are not subject to this ban. You could nevertheless be cited under another law that prohibits driving at a speed that is not “reasonable or prudent” under the circumstances – the “circumstances” being your use of an electronic communications device while driving
Phoenix, Flagstaff and Tucson have enacted city-wide prohibitions against texting while driving.
Penalties
A school bus driver convicted of distracted driving under Arizona state law faces penalties that could include fines and points added to his driving record. These penalties vary by location (various regional courts apply different penalties). If you are convicted of texting while driving in Phoenix, Flagstaff of Tucson, you will be assessed a fine of $100, which increases to $250 if an accident results.
In the Event of an Accident
Distracted driving is considered negligence per se if (i) it is illegal in the jurisdiction where the accident occurred (ii) it causes harm to someone (in a traffic accident, for example), (iii) the person harmed is within the class of people the statute was designed to protect (motorists, passengers and pedestrians) and (iv) the harm was the sort of harm that the statute was enacted to prevent (a traffic accident injury, for example).
If all of the foregoing factors apply, the defendant is automatically negligent and may be held liable for damages. Even if the foregoing does not apply, a defendant can still be found negligent under ordinary negligence law if his use of an electronic device was unreasonable under the circumstances – at night during a rainstorm, for example, or while exceeding the speed limit (perhaps).
If the plaintiff was also at fault, the amount of damages that he is eligible to receive will be reduced in exact proportion to his percentage of fault.
Criminal Penalties
Distracted driving could result in criminal charges if an injury or death results, and if the defendant’s conduct is considered to have been particularly outrageous. Simply texting while driving will not be enough – there would have to be aggravating factors, such as texting while racing or texting while driving the wrong way down a one-way street (perhaps) – in order to justify criminal penalties.
– Updated through September 1, 2016