Delaware enacted its distracted driving laws to attack a serious public safety problem that arose from the widespread use of electronic devices such as cell phones. Currently, distracted driving results in about 150 crashes and 20,000 citations per year in Delaware. In addition to citations, distracted drivers risk civil and perhaps even criminal liability if they cause an accident.
Restricted Licenses for Novice Drivers
Delaware, like other states, has adopted a graduated driver’s license system. After being granted a Learner’s Permit, six months must elapse before the driver is granted an Intermediate driver’s license, and six more months must elapse before the driver is granted full driving privileges. Since 16 is the minimum age for a learner’s license, a driver must be at least 17 to obtain full driving privileges.
Distracted Driving Restrictions
In Delaware, all drivers are prohibited from using hand-held cell phones and from composing, sending or reading text messages while their vehicle is in motion. Other activities, such as playing computer games while driving, are also prohibited. School bus drivers and drivers on Learner’s Permits or Intermediate licenses are banned from using any type of cell phone, even a hands-free version. Strictly speaking, the restrictions on novice drivers not based on age as it is in some other states (all drivers under 18, for example) – it is based on the type of license you hold.
Penalties
The penalty for a first offense of distracted driving is a $50 fine. This fine increases to $100 for a second offense and $200 for subsequent offenses. After adding in local court costs, your total cost could significantly exceed these amounts. Moreover, pending legislation seeks to greatly increase these fines.
In the Event of an Accident
If you are involved in an accident that is found to have been caused by your violation of Delaware’s distracted driving law, and if you are sued by another driver, you will be considered “negligent per se”. As a consequence, you will have to pay all of his damages unless he was also at fault for the accident. If he was also at fault, the amount you will have to pay will be reduced by his percentage of fault unless he was at least 51 percent at fault, in which case you will owe him nothing. If you sue the other driver for the accident, your damages recovery will be reduced in proportion to your degree of fault unless you were at least 51 percent at fault, in which case you will recover nothing.
Criminal Penalties
When you negligently cause an accident, the ordinary penalty is limited to civil liability (the payment of money damages). If your negligence is considered serious enough, however, it may cross over the legal line into criminal negligence, which could result in criminal charges being filed against you.
The dividing line between ordinary negligence and criminal negligence is subjective – taking your eyes of the road for two seconds to read a text message is likely to be considered ordinary negligence, while taking your eyes of the road for 30 seconds to read one is likely to be considered criminal negligence if a serious accident results. Unfortunately, the legal dividing line between these two extremes is anything but clear, which is why you will probably need a good lawyer if you are charged with criminal negligence.
– Updated through September 1, 2016