Iowa Legislature mulls tougher distracted driver law

March 13, 2013

Iowa Legislature mulls tougher distracted driver law

Article provided by Shanks Law Firm
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The dangers that distracted drivers pose to other motorists on our nation's roadways has received a lot of attention in the press lately, and for good reason. After all, common sense tells us that taking our eyes off the road is a dangerous behavior that dramatically increases the risk of a car accident. Unfortunately, Iowa drivers are not immune to such behavior. As a result, the Iowa legislature has proposed toughening its laws against distracted drivers.

The bill, Senate File 33, would prohibit Iowa drivers from engaging in many types of distracting activities while operating a motor vehicle. To accomplish this, the bill would repeal the current law that bans a driver from using a hand-held communication device to send, read or write a text message while driving. Additionally, if passed, the bill would also repeal Iowa's law banning young drivers from using cellphones while behind the wheel.

In place of the old law, the new legislation would create a new broad offense called "driving while engaged in a distracted activity." The legislation defines this phrase as "any activity that is not immediately necessary to the operation of the motor vehicle and that impairs, or could reasonably be expected to impair, the person's ability to drive safely." Although this offense would apply to a wide variety of distracting activities, it specifically would ban the use of a wireless telephone.

Besides the broad ban against distracting activities while driving, the legislation would make driving while distracted a primary offense--meaning that a police officer can ticket a driver whom he or she observes violating the law. Under the current law, it is a secondary offense--meaning the a police officer must observe the driver violating another motor vehicle law before he or she may pull the car over and issue a citation.

According to the legislation, a person convicted of distracted driving would initially be guilty of a simple misdemeanor and punished with a $30 fine. However, if the violation causes serious injury to another driver, the court may impose a fine up to $500 and a license suspension of up to 90 days. If the violation causes the death of another person, the fine could be up to $1,000 and the license suspension up to 180 days.

Consult an attorney

Due to the broad language that would prohibit a wide range of distracting activities, the legislation is controversial. Therefore, it is a matter of speculation as to whether it will pass. Thankfully, Iowa drivers have other means of legal recourse should they become injured by a distracted driver. Iowa law considers such behavior negligent, and holds the distracted driver liable for medical bills, lost wages and pain and suffering caused by his or her careless behavior.

If an inattentive driver has injured you or a loved one, it is important to seek the advice of an experienced personal injury attorney. An attorney can advise you of your right to compensation and work to hold the responsible parties accountable for their actions.