According to the National Highway Traffic Safety Administration, Wyoming suffers from the highest traffic accident fatality rate in the nation, hands down, even though, ironically, the state’s rate of serious traffic injuries plummeted over 60 percent during recent years. Nevertheless, Wyoming’s distracted driving laws are some of the most lenient in the nation.
Wyoming’s Distracted Driving Rules
Texting while driving is prohibited in Wyoming, with an emergency exception. The fine for this offense is one of the lowest in the nation – the maximum amount is only $75. Talking on cell phone while driving is not specifically prohibited in Wyoming, although it may be negligent (careless) under certain circumstances. Watch out for local laws that might be more restrictive or impose harsher fines.
What Happens in Wyoming if an Accident is Caused by a Distracted Driver?
The real problem with distracted driving in Wyoming is not a citation but an accident. In addition to possibly suffering injuries, you might find yourself in a court of law facing a personal injury or wrongful death lawsuit that could bankrupt you. In Wyoming, proof that you violated the texting and driving ban is enough to find you automatically negligent without even examining the circumstances of the accident. The party suing you can gather evidence by examining either your cell phone or your service provider’s records. This automatic negligence rule is based on the common law principle of negligence per se.
Once you are proven negligent, there are two main ways you can still win the lawsuit – by arguing that your negligence was not a substantial cause of the accident, or by arguing that the accident was mostly (at least 51 percent) the other party’s fault. If you can prove either one of these assertions, you will walk away from the lawsuit without having to pay damages. Even if you can’t win the lawsuit, however, you can reduce the amount of damages you will owe by showing that the accident was partly the other driver’s fault. If he was 25 percent at fault, for example, your damages will be reduced by 25 percent.
As an employer, you can be sued for a distracted driving accident caused by your employee, if he was on duty at the time of the crash. The injured party does not have to prove that you were at fault in any way to hold you liable. You are not automatically liable for the actions of an independent contractor who works for you.
Possible Criminal Penalties
Wyoming law recognizes two kinds of negligence – civil negligence and criminal negligence. Civil negligence will render you liable for money damages. Criminal negligence, on the other hand, can get you charged with a felony if the accident involved serious injury or death to another party. The distinction between these two types of negligence is purely circumstantial – it all depends on serious how the jury finds your negligence. Even if someone died in the accident, however, it is not inevitable that your negligence will be classified as criminal negligence. This situation is when a skilled lawyer might save you from prison.
– Updated through September 1, 2016