Why have most states passed a ban on texting while driving?

Since the meteoric rise of the smartphone, states have adapted their traffic laws to ban various activities using mobile devices while driving. Washington was the first state to ban texting and driving in 2007, and since then, every state except Montana has some type of texting ban on the books. 

Some states take the laws further and ban all hand-held cell phone use. Others ban hand-held cell phone use in school and construction zones. Put simply, the laws regarding texting and driving vary widely, and every driver should be fully familiar with the expectations and restrictions of their state. Even better, drivers should all refrain from using cell phones while driving, as this highly distracting conduct regularly leads to serious accidents and injuries.

If another driver makes a mistake and collides with you and causes injuries in Wauwatosa, WI, discuss your legal options with a car accident attorney you can trust. 

Wisconsin State Texting Laws

Wisconsin’s texting and driving laws are aimed at curbing distracted driving, a leading cause of accidents on our roads in Wauwatosa and throughout the state. Below are some key aspects of Wisconsin’s laws regarding texting and driving that every driver should know.

Primary enforcement – Wisconsin has primary enforcement, meaning law enforcement officers can pull over and ticket drivers solely for texting while driving. This emphasizes the seriousness of the offense.

Prohibition on texting – It is illegal for all drivers to compose, send, or read text messages or emails while operating a motor vehicle. This applies to both reading and writing messages.

Novice drivers – Drivers with an instructional permit or probationary license, commonly referred to as “novice drivers,” are prohibited from using any cell phone while driving, except in emergencies.

School zones – In Wisconsin, drivers are prohibited from using hand-held electronic devices while driving in a designated school crossing or school zone.

Fines – The penalty for texting and driving in Wisconsin varies depending on factors like location and whether it’s a repeat offense. Fines can range from $20 to $400, and higher amounts may apply in designated work zones.

Increased fines in work zones – In work zones with posted speed limits of 45 mph or less, fines for texting while driving are doubled.

Exceptions – There are exceptions to the texting and driving law in Wisconsin. These include using a hands-free device, using a device to report an emergency, or while parked on the side of the road.

No hand-held cell phone use for novice drivers – Novice drivers are prohibited from using a cell phone, even if it’s hands-free, except to report an emergency.

Point system – In Wisconsin, a violation of the texting and driving law carries a fine and can also lead to demerit points on a driver’s record. Accumulating too many points within a specific timeframe can result in a suspension of driving privileges.

It’s crucial for drivers in Wisconsin to be aware of these laws and to prioritize safety on the roads. Adhering to these regulations not only helps avoid fines and penalties but also contributes to safer driving conditions for everyone on the road.

Effectiveness of Driver Hand-held Cell Phone Bans 

Almost all U.S. states now have laws restricting texting, and many have bans on all hand-held cell phone use while driving. Studies have shown that bans on hand-held phone conversations have led to a decrease in drivers engaging in such behavior over the long term. Drivers in these states tend to use hands-free options more often, and overall phone use tends to be lower compared to states without such bans. 

As for texting bans, their impact on drivers’ texting habits is still uncertain. Studies examining the effects of bans on crashes yielded varying results. Some focused on individual states, while others compared states with and without bans. However, some of these studies faced challenges in terms of controls and other factors, which limited their conclusions.

Despite the widespread implementation of laws regulating cell phone use while driving, it remains uncertain whether they are achieving the intended safety improvements. However, having laws in place cannot hurt and at least attempt to improve road safety.

Effects Of Cell Phone And Texting Bans On Teenage Drivers

Cell phone and texting bans have had a positive impact on teenage drivers, significantly improving road safety. Here are some of the notable effects discussed by studies of teen drivers:

• Reduced distracted driving incidents: Cell phone and texting bans have led to a decrease in distracted driving incidents among teenage drivers. With legal consequences in place, young drivers are less likely to engage in risky behaviors like texting or using a cell phone while driving.
• Decreased accident rates: Studies have shown that states with strict cell phone and texting bans have experienced a decline in accident rates involving teenage drivers. This indicates that limiting cell phone use while driving has a direct correlation with fewer accidents.
• Improved focus and attention: Bans have helped teenage drivers become more attentive and focused on the road. With fewer distractions, they are better able to react to unexpected situations and make split-second decisions to avoid accidents.
• Increased compliance: Teenagers are more likely to comply with cell phone and texting bans when they are aware of the legal consequences. Knowing that they can face fines or license suspensions encourages them to refrain from using their phones while driving.
• Cultivation of safe driving habits: Enforcing cell phone and texting bans instills the importance of safe driving habits from an early age. This education helps shape responsible driving behavior that teenagers carry into adulthood.
• Enhanced overall road safety: By targeting one of the most prevalent forms of distracted driving, cell phone and texting bans contribute to the overall improvement of road safety. This benefits not only teenage drivers but all individuals sharing the road.
• Positive influence on peer behavior: Teenagers often influence one another’s behavior. When a teen sees their peers adhering to cell phone and texting bans, they are more likely to do the same, creating a ripple effect of safer driving habits within their social circles.
• Preparation for adulthood: Respecting and adhering to cell phone and texting bans helps teenagers develop responsibility and maturity, preparing them for a lifetime of safe and conscientious driving.

Overall, cell phone and texting bans have been instrumental in reducing distracted driving incidents among teenage drivers, making roads safer for everyone. However, not every teen driver follows the rules, and texting teens often still cause distracted driving crashes. 

How Do You Prove Liability of a Distracted Driver?

Proving the liability of a distracted driver in a car accident case requires gathering substantial evidence to demonstrate that the driver’s distraction directly led to the accident. Here are key aspects of how our car accident lawyers work to establish liability.

Police Reports

The official police report filed at the scene of the accident may contain statements from witnesses, observations by the responding officer, and any citations issued to the distracted driver.

Eyewitness Testimonies

Collecting statements from eyewitnesses who saw the distracted driving behavior. Their accounts can provide crucial insight into the actions of the driver leading up to the accident.

Cell Phone Records

Obtaining the distracted driver’s cell phone records may reveal whether they were using their phone at the time of the accident. These records can be subpoenaed by your car accident lawyer if necessary.

Social Media and App Activity

Investigating the driver’s social media or app usage around the time of the accident can help your case. Posts, messages, or app activity can be timestamps that may indicate distraction while driving.

Expert Witnesses

Bringing in accident reconstruction specialists or experts in distracted driving can provide professional opinions on how the accident occurred and how distraction played a role.

In-Car Technology Records

Modern vehicles may have event data recorders (EDRs) or black boxes that capture information about the vehicle’s speed, braking, and other factors leading up to the accident.

Admissions of Guilt or Fault

If the distracted driver admits fault or mentions distraction in any way, document and record these statements as they might help your case.

Employer Records

If the driver was on the job at the time of the accident, their employer’s records may be relevant. This could include company policies regarding cell phone use while driving.

Traffic Camera Footage

Your attorney can check for any nearby traffic cameras that may have captured the accident. These videos can provide an unbiased account of the events leading up to the collision.

Medical Records and Expert Testimonies

Connect the distracted driving behavior to the injuries sustained by the victim. Medical records, along with expert medical testimonies, can establish a direct link between the distraction and the harm caused.

Consult With Our Car Accident Attorneys in Wauwatosa, WI

When a texting driver causes your accident, you deserve compensation for your losses, but you must prove liability for the crash first. Establishing liability in a distracted driving case can be complex, but a thorough investigation and the assistance of our experienced legal team at Mingo & Yankala can significantly strengthen your case. Each piece of evidence plays a crucial role in building a compelling argument against the distracted driver.
Let us begin building your claim today. Contact our law firm for a free case review.