Texting and Driving

Louisville Texting and Driving Car Accident Lawyer

Texting while driving, also referred to as distracted driving, is a deadly epidemic, in Kentucky and nationwide. This epidemic is needlessly taking the lives of drivers, bicyclists, motorcyclists and pedestrians.

While the focus of distracted driving is typically texting while driving, or using a cellphone behind the wheel, there are other factors that may cause a driver to lose control of their vehicle, such as: eating and drinking, grooming, adjusting the radio or GPS, trying to control a loose animal or supervise young children.

In Kentucky, distracted driving is defined as any activity diverting a driver from the primary focus of driving, increasing the risk of a collision. There are three types of distractions that can cause a crash: cognitive, manual, and visual. Texting involves all three distractions, making it the deadliest form of distracted driving on the road today. Driving while using cellphone or other e-device reduces brain activity by 37 percent, which is needed to pay attention to the road and drive safely.

Hessig & Pohl have your back if you have been injured in an accident involving a distracted driver. You fight the fight to get well. Hessig & Pohl fights for the compensation you deserve.

Alarming statistics

There are many things drivers can do in order to stay safe while out on the road. Below is a short list outlining steps drivers can take.

Kentucky distracted driving statistics are alarming and texting and driving is a major problem for the State. Some of the more eye-opening numbers of crashes involving a driver who was texting and driving include:

  • In 2017, eight percent of those killed in car wrecks involving teen drivers were driving distracted at the time of impact
  • Almost 20,000 people died in distracted driving crashes between 2012 and 2017
  • 2017 National Highway Transportation Safety Administration (NHTSA) statistics reveal 3,166 were killed as a result of distracted driving
  • The NHTSA stats indicate a nine percent drop in fatalities from 2016 to 2017
  • In the last six years, 9.5 percent of all deadly crashes involved a distracted driver
  • Female drivers using cellphones are more likely to be involved in fatal crashes
  • The NHTSA reports drivers between the ages of 16 to 24-years old appear to be the highest number of users of handheld e-devices while driving
  • In 2016 there were 165,273 collisions. Of those 165,273 wrecks, human inattention while driving contributed to 54,840 accidents (36.81 percent of all accidents in Kentucky) including 155 fatalities
  • Distracted driving was a contributing factor in 7,668 collisions (5.15 percent of all accidents in the State) including 18 deaths
  • The use of cellphones contributed to 1,146 collisions (0.77 percent of all collisions) in the State, including 8 fatalities
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Texting and Driving Law in Kentucky

In Kentucky it is illegal for those under the age of 18 to use a cellphone while driving, and that includes handheld and hands-free devices. It is also illegal for all drivers to text, read, write or send missives (emailing/instant messaging) while a vehicle is moving. Additionally, drivers 18-years-old and under are not permitted to use PDAs and/or smartphones while driving.

Drivers may talk on the phone; use GPS, and select/enter telephone numbers into their handheld e-devices devices while driving. Talking on the phone while driving is permitted in the state.

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Texting and Driving Statistics

In summary:

  • Drivers under 18 with an operator’s license, instruction permit or intermediate license are not permitted to use any type of cellphone
  • Drivers over 18 are allowed to use a cellphone, but not for texting

Drivers who break the law in Kentucky will be faced with fines and penalties. Below is a list of possible consequences for offenders:

  • $25.00 for the first offense
  • $50.00 for the second offense and each additional offense in addition to court fees
  • Three points on your driver’s license that remain for five years at a time

Be aware that depending on why you were stopped by police, you could also be charged with reckless driving and if someone died as a result of your reckless driving, you could face vehicular homicide charges.

Exceptions to the texting and driving laws

However, there are some exceptions to the distracted driving laws of Kentucky. There exceptions include the following:

  • The underage cellphone ban is not applicable if the individual needs to call for the police, medical help or another agency in an emergency
  • Using GPS or another type of onboard navigation system is permissible provided the driver does not manually enter programming information while driving
  • Using the GPS feature of an e-communication device
  • Using a physically/electronically integrated GPS/navigation system that is part of a vehicle
  • Reporting illegal activity
  • Reading/choosing/entering a phone number/name to make a call
  • Operating an emergency/public safety vehicle while on duty

Safety Tips for Driving

Safety Tips for Driving

There are many things drivers can do in order to stay safe while out on the road. Below is a short list outlining steps drivers can take.

  • If you need to send a text or are expecting one, pull over and park
  • Make a passenger the "designated texter," and let them respond to messages or calls
  • Put the cellphone out of reach until you get to where you are going
Louisville personal injury lawyers
Louisville personal injury lawyer

Have you been hurt in an accident involving a distracted driver?

Contact us at (502) 777-1111 for a free consultation.

Hessig & Pohl puts their clients' needs first right at the start and offers a fee free guarantee. They know the law can negotiate a settlement that secures you the maximum compensation.

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Rick and Marty, along with their awesome staff, have been more than great help while handling multiple legal issues for me!

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I have nothing but wonderful things to say about this law firm. They handled my husband’s car accident case with a lot of compassion and care. Rick came to the hospital the very same day of the accident and throughout the process, he took the time to listen to my family’s concerns. We truly felt like we didn’t have to worry about anything. I highly recommend Hessig and Pohl!

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