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