USATrafficAccidentLawyers.com

Part of the AttorneyDirectories.org Network

  • Find a Lawyer
    • How to Hire a Traffic Accident Lawyer
    • Add a Listing
  • Accident Types
    • Bicycle Accident
    • Cell Phone Caused Accident
    • Drunk Driver Accident
    • Exploding Gas Tank
    • Hazardous Roadways
    • Motor Vehicle Accident
      • ATV Accident
      • Bus Accident
      • Car Accident
        • Defective Automobile Accident
        • Self-Driving Car Accident
        • SUV Rollover Accident
        • What to Expect If You Were Injured in a Car Accident
      • Passenger Van Accident
      • Trucking Accident
    • Intersection Accident
    • Pedestrian Accident
  • Injury Info
    • Auto Accident Injuries
      • Airbag Injuries
      • Defective Seat Belt Injuries
    • Drunk Driver Injuries
    • Hit and Run Injuries
    • Personal Injuries
      • Back and Neck Injuries
      • Brain Injuries
      • Spinal Cord Injuries
    • Pre-existing Injury
    • Wrongful Death
  • Insurance Info
    • Bad Faith Insurance
    • Bodily Injury Liability Coverage Insurance
    • Filing a Lawsuit in No Fault State
    • Insurance Claim Denied?
    • Insurance for Medical Expenses
    • No Fault Insurance
    • Uninsured Accident
  • Resources
    • Blog
    • Comparative Negligence vs. Contributory Negligence
    • Determining Pain and Suffering Damages in a Car Accident Lawsuit
    • National Legal Resources
    • Negligence in a Lawsuit
    • Settling Your Motor Vehicle Accident Claim
    • State Legal Resources
    • Traffic Accident FAQs
    • What are My Potential Damages in a Traffic Accident Case?
  • Contact

Distracted Driving Laws: Idaho

Distracted driving kills about four dozen Idaho residents a year, mostly in rural areas. In response to this growing problem, Idaho has enacted two statutes. One statute is a general ban on inattentive driving, while the other statute specifically bans certain uses of electronic devices. Idaho’s ban on the use of electronic devices while driving is one of the most lenient in the nation.

Idaho Distracted Driving Restrictions

Idaho bans texting and driving for all drivers, subject to certain emergency exceptions. The fine for a first offense is $85, but no points are added to the driver’s driving record. Although there is no statewide ban in the use of cell phones, counties and municipalities are free to enact their own local legislation, and some, such as Ketchum and Sandpoint, have already done so. “Inattentive driving” is a separate misdemeanor in Idaho, and it is possible for someone using a cell phone while driving to be cited under that law. The penalty for inattentive driving is a fine of $300 and possible jail time.

In the Event of an Car Wreck in Idaho Involving a Distracted Driver

A citation for distracted driving is a nuisance but hardly a tragedy. Far more serious penalties could be imposed if you cause an accident through distracted driving — if someone is injured, you could face a personal injury lawsuit, while if someone is killed you could face a wrongful death lawsuit. Both are likely to cost you a lot more than $85 even if you win.

If the plaintiff (the person suing you) can prove that you were texting while driving and that this was a cause of the accident, you could be found automatically negligent – your only defense would be that an emergency situation forced you to violate the law. Even if you were performing a legal activity such as talking on a cell phone while driving, the plaintiff will still have the opportunity to prove that your activity was negligent under the circumstances.  

Distracted driving could also work against you if you are a plaintiff in an accident lawsuit. Idaho has adopted a “modified comparative negligence” standard that applies when more than one party to an accident is at fault. Even if you prove that the defendant was negligent, if the defendant proves that you were also negligent due to distracted driving, you will end up losing the lawsuit if the court decides you were at least 50 percent at fault for the accident.

If you were more than 50 percent at fault you could end up having to pay the defendant. If you were less than 50 percent at fault, your damages will be reduced in proportion to your percentage of fault – if you were 40 percent at fault, for example, you will lose 40 percent of your damages.

Criminal Penalties

Normally, distracted driving is a civil offense – the only thing you risk is your money. If your negligence rises to the level of criminal negligence, however, you could go to jail if someone is killed or seriously injured. Whether or not your negligence rose to the level of “culpable negligence” (as Idaho refers to it) is a judgment call – your negligence must have been serious enough to be characterized as reckless and without reasonable caution. There is no clear dividing line between ordinary negligence and culpable negligence – it is fact-dependent.

– Updated through September 1, 2016

Find an Attorney In Your Area


Drive Safely in Winter Conditions

Snow, ice, rain, sleet, many hours of dark – winter in certain parts of the country can throw a lot at motorists. It’s a good idea to plan accordingly … [Read More...]

What are the Most Common Injuries in a Car Accident?

Millions of people are injured in motor vehicle accidents in the United States annually. The vast majority of these injuries are non-lethal, but they … [Read More...]

How Important are Seat Belts?

Seat belts are absolutely essential to reducing the severity of injuries in a motor vehicle accident. While the vast majority of people in America … [Read More...]

Copyright © 2025 Altrumedia, LLC · Site Map · Log in