Kentucky, like other states, has had to grapple with the new dangers caused by the widespread use of portable electronic communications devices such as smart phones. An uptick in distracted driving deaths in combination with studies showing that the dangers of distracted driving are comparable to the dangers of intoxicated driving motivated the Kentucky state legislature to pass statewide laws banning certain distracting activities by drivers on its roads.
Kentucky’s Distracted Driving Restrictions
Kentucky bans texting and driving for all drivers while the vehicle is in motion, although certain exceptions apply – drivers of emergency or public safety vehicles are exempted while on-duty, for example, and other drivers are exempted for the purposes of reporting illegal activity, summoning medical help, preventing injury or property damage, or calling the police or a public safety agency. The use of hand-held or hands-free cell phones is permitted for all drivers except school bus drivers and minors under 18 – in fact, minors and school bus drivers cannot even use hands-free cell phones while driving.
Kentucky prohibits cities and counties from enacting their own distracted driving ordinances.
Penalties for Distracted Driving in Kentucky
The minimum fine for distracted driving is $20, and the maximum is $100. Court costs are added to any fines. The offense is primary, meaning that the officer doesn’t have to see you committing another traffic violation before he can pull you over, as in a secondary offense – he can pull you over without suspecting you of any other violation.
In the Event of an Accident
Since distracted driving is a violation of a state safety statute, in the event of a car accident lawsuit, violation of the statute is considered negligence per se – you are considered automatically negligent if the other party proves that you committed the violation, as long as the lawsuit is seeking damages for personal injury. To win the lawsuit, the other party will still have to prove that your negligence was a substantial factor in actually causing the accident.
You don’t have to have been cited at the time of the accident to be ruled negligent – the other party can prove your violation through independent evidence (cell phone records, for example). Even if you weren’t violating the law, however – for example, if you were talking on a cell phone – the other party can still try to prove that your act was negligent under the circumstances.
Kentucky is a “pure comparative negligence” state. This would come into play if, for example, you were the one who filed a personal injury lawsuit, and the defendant countered by proving that you were texting that the time of the accident. If the defendant can convince the court that you were partly to blame for the accident, the court will assign a percentage of fault to you, and your damages will be reduced by that exact percentage. You can also be held liable for that exact percentage of the other party’s damages in a counterclaim.
Possible Criminal Penalties
Under extreme circumstances, you can be charged with a criminal offense for causing an injury or death through distracted driving. For that to happen, your actions would have to add up to “criminal recklessness” – under the circumstances, your acts would have to demonstrate complete disregard for the safety of others under circumstances that suggest that you should have known of the danger of harm – texting and driving through a school crosswalk might qualify, for example.
– Updated through September 1, 2016