The District of Columbia stands out from the 50 states because it has the lowest rate of traffic accident fatalities in the nation. Nevertheless, distracted driving due to the use of cell phones and other electronic devices is a danger to public safety even in D.C. As a consequence, D.C. enforces strict distracted driving laws.
Restricted Licenses for Novice Drivers
In D.C., a novice driver must complete a learner’s stage and an intermediate stage before being granted full driving privileges. The minimum age for full driving privileges is 18, higher than in most states (indeed, this may partially explain why the rate of traffic fatalities is so low in D.C.).
Distracted Driving Restrictions
D.C. drivers are prohibited from using hand-held cell electronic devices while the vehicle is in motion. This restriction prohibits both telephone conversations and texting, among other activities (such as playing computer games or using mobile apps such as SnapChat). On-duty school bus drivers and novice drivers on learner’s or intermediate licenses are prohibited from using all electronic devices, even hands-free versions. The fine for violation of this law is $100, which in some cases can be waived by showing the court evidence that you have purchased a hands-free device (obviously, this exception will not help school bus drivers or novice drivers).
In the Event of an Accident
Paying a distracted driving citation is one thing, while participating in a traffic accident lawsuit is another. Distracted driving can cause you negative consequences in a traffic accident lawsuit, regardless of whether you are a plaintiff or a defendant.
D.C. is one of the few jurisdictions in the United States that has adopted the widely criticized “contributory negligence rule” for traffic accidents caused by two or more people. Under a contributory negligence regime, if a negligent driver is even one percent at fault for the accident, he is eligible to recover zero damages from the other driver, even if the other driver was 99 percent at fault.
Contributory negligence relates to distracted driving because if you were violating D.C.’s distracted driving law at the time of the accident, and if your violation was a substantial factor in causing the accident, D.C. law will deem you automatically negligent (“negligent per se” in legal terminology), thereby rendering you ineligible to receive a dime in damages no matter how get your losses were. This principle applies even if you were never cited for distracted driving, as long as the other party can prove it in court.
Even if your conduct did not amount to a violation of the law (a driver with full driving privileges speaking on a hands-free cell phone, for example), your behavior might be considered negligent under the circumstances.
Criminal Penalties
In extreme cases you might even be arrested and charged with a crime for distracted driving. In order to be convicted, a court would have to find you guilty of “criminal negligence”, a label that is applied to conduct that is far more serious than ordinary negligence. D.C. law is not clear on exactly what conduct constitutes criminal negligence. Texting while driving 90 miles an hour down the freeway, for example, might be enough to classify your conduct as criminal, for example, especially if a serious accident resulted.
– Updated through September 1, 2016