April Is Distracted Driving Month: Your Legal Guide To Staying Safe On The Road

As we observe Distracted Driving Month this April, it’s crucial to recognize the significant dangers posed by distracted driving and understand the legal landscape surrounding it, particularly in Wisconsin. Distracted driving, a perilous behavior that diverts a driver’s attention from the road, has become an increasingly concerning issue with the rise of smartphones and other in-car technologies. In this guide, professionals from Bosshard Parke will delve into the dangers of distracted driving, outline Wisconsin’s laws on phone use and other distractions while driving, and discuss the legal repercussions of causing an accident due to distraction.

The Dangers Of Distracted Driving

Distracted driving encompasses any activity that diverts attention from safe driving, including phone use, eating, reading, or adjusting the radio. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,308 lives in the United States in 2022 alone. The split-second decision to glance at a text message or answer a call can have life-altering consequences, leading to accidents that cause injuries, fatalities, and significant property damage.

Wisconsin’s Stance On Distracted Driving

Wisconsin law takes a firm stance against distracted driving to enhance road safety. Key provisions include:

• Ban on Texting and Driving: Wisconsin Statute 346.89(3) prohibits all drivers from writing, sending, or reading text messages while driving. This law aims to curb one of the most hazardous forms of distraction on the road.
• Handheld Device Restrictions: For drivers operating a vehicle in a construction zone, Wisconsin prohibits the use of handheld mobile devices altogether, other than to report an emergency. This measure reflects the increased risk of accidents in areas where road layouts change, and workers are present.
• Young Drivers and Cellphone Use: Wisconsin’s Graduated Driver Licensing (GDL) program imposes stricter regulations on novice drivers. Individuals holding an instruction permit or a probationary license, which typically includes drivers under the age of 18, are barred from using cellphones while driving, except for dialing 911.

Legal Consequences Of Distracted Driving in Wisconsin

The legal ramifications of causing an accident due to distracted driving in Wisconsin can be severe, reflecting the seriousness with which the state treats such behavior. Consequences may include:

• Traffic Citations and Fines: Drivers caught texting or violating other distracted driving laws face fines ranging from $20 to $400 – not including court costs – depending on the nature of the offense and whether it resulted in an accident. This is in addition to demerit points.
• Criminal Charges: In cases where distracted driving leads to a serious accident causing bodily harm, substantial bodily harm, or death, the driver could face criminal charges, including reckless driving or vehicular homicide.
• Civil Liability: Beyond criminal penalties, a distracted driver can be held civilly liable for damages caused by an accident. This can include medical expenses, lost wages, pain and suffering, and property damage experienced by the victims.
• Increased Insurance Premiums: Convictions for distracted driving offenses can lead to increased car insurance premiums, reflecting the heightened risk associated with such behavior.

Staying Safe And Legal On The Road

To ensure your safety and compliance with Wisconsin’s laws, consider the following tips:

• Use Hands-Free Devices: If you must use your phone while driving, opt for hands-free devices or voice-operated systems that allow you to keep your hands on the wheel and your eyes on the road.
• Plan Ahead: Prepare for your trip by setting your GPS destination, adjusting climate controls, and selecting your music or podcasts before you start driving.
• Secure Loose Items: Ensure that all loose items in the car are secured, reducing the temptation to reach for them while driving.
• Educate Young Drivers: If you’re a parent or guardian, educate young drivers in your family about the dangers of distracted driving and the importance of staying focused on the road.

Distracted Driving Month serves as a poignant reminder of our collective responsibility to maintain safe driving practices. By understanding and adhering to Wisconsin’s distracted driving laws, we can contribute to safer roads for everyone. If you or a loved one has been affected by a distracted driving incident, seeking legal counsel can provide clarity on your rights and options.

At Bosshard Parke, we’re dedicated to advocating for the safety and rights of Wisconsin’s drivers. Our experienced legal team is here to guide you through the complexities of traffic laws and personal injury claims, ensuring that justice is served. Remember, staying informed and vigilant is key to preventing distracted driving accidents and protecting yourself and your loved ones on the road.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance related to distracted driving laws and personal injury claims in Wisconsin, please consult with a qualified attorney at Bosshard Parke.