Distracted driving is a leading cause of car accidents in Kentucky and across the United States. To combat this growing problem, Kentucky has enacted laws aimed at reducing distracted driving incidents and promoting safer roads. Understanding these laws and their implications is essential for both drivers and victims of distracted driving accidents.

This guide provides an overview of Kentucky’s distracted driving laws, penalties for violations, and what to do if you’re involved in an accident caused by a distracted driver.

Table of Contents

1. What is Distracted Driving?

2. Overview of Kentucky’s Distracted Driving Laws

3. Penalties for Violating Distracted Driving Laws

4. How Distracted Driving Impacts Personal Injury Claims

5. Steps to Take After a Distracted Driving Accident

6. Frequently Asked Questions

1. What is Distracted Driving?

Distracted driving refers to any activity that diverts a driver’s attention from the primary task of driving. These distractions can be categorized into three types:

• Visual: Taking your eyes off the road (e.g., looking at a phone or GPS).

• Manual: Removing your hands from the wheel (e.g., eating or adjusting the radio).

• Cognitive: Focusing your mind on something other than driving (e.g., daydreaming or talking to passengers).

Texting while driving is particularly dangerous because it involves all three types of distractions.

2. Overview of Kentucky’s Distracted Driving Laws

Kentucky has specific laws in place to address distracted driving, particularly the use of mobile devices behind the wheel.

Key Provisions:

1. Texting While Driving:

   • It is illegal for all drivers to text while operating a motor vehicle.

   • Texting includes sending, reading, or writing messages on any mobile device.

2. Cell Phone Use for Novice Drivers:

   • Drivers under the age of 18 are prohibited from using any personal communication devices while driving, even for phone calls.

3. Exceptions:

   • Hands-free and voice-operated systems are permitted for drivers aged 18 and older.

   • Use of devices for GPS navigation is allowed, provided it does not require manual input while driving.

4. Commercial Drivers:

   • Commercial vehicle operators are subject to stricter regulations, including prohibitions on handheld device use.

3. Penalties for Violating Distracted Driving Laws

Violating Kentucky’s distracted driving laws can result in fines and other consequences. The penalties include:

• Fines:

  • First offense: $25

  • Subsequent offenses: $50

• Points on Driving Record:

  • Each violation adds points to the driver’s record, which can lead to increased insurance rates or license suspension.

• Legal Liability:

  • Drivers involved in accidents due to distracted driving may face additional civil and criminal penalties.

While the fines may seem low, the long-term financial impact of increased insurance premiums and potential lawsuits can be significant.

4. How Distracted Driving Impacts Personal Injury Claims

When a distracted driver causes an accident, it often strengthens the victim’s personal injury case. Proving that the at-fault driver was distracted can establish negligence, which is essential for recovering damages.

Key Factors:

• Evidence of Distraction:

  • Phone records, witness statements, and traffic camera footage can help prove the driver was distracted.

• Comparative Negligence:

  • Kentucky follows a comparative negligence rule. If the victim is partially at fault, their compensation may be reduced proportionally.

• Punitive Damages:

  • In cases of gross negligence, such as texting while driving at high speeds, victims may seek punitive damages.

5. Steps to Take After a Distracted Driving Accident

If you are involved in an accident caused by a distracted driver, take the following steps to protect your health and legal rights:

1. Ensure Safety:

   • Move to a safe location if possible and check for injuries.

2. Call Emergency Services:

   • Report the accident to law enforcement and request medical assistance if needed.

3. Gather Evidence:

   • Take photographs of the scene, vehicles, and any visible injuries.

   • Collect contact information from witnesses and other drivers.

4. Mention Distracted Driving:

   • Inform the responding officer if you suspect the other driver was distracted.

5. Consult an Attorney:

   • Contact a personal injury lawyer to evaluate your case and guide you through the legal process.

6. Frequently Asked Questions

Q1: What is the statute of limitations for distracted driving claims in Kentucky?
A1: Victims typically have one year from the date of the accident to file a personal injury claim in Kentucky.

Q2: Can I file a claim if the other driver was distracted by something other than their phone?
A2: Yes, distractions include activities like eating, interacting with passengers, or using in-car entertainment systems. Any negligent behavior can form the basis of a claim.

Q3: How can I prove the other driver was distracted?
A3: Evidence such as phone records, witness statements, and traffic camera footage can help establish distraction.

Q4: Can I still recover damages if I was partially at fault?
A4: Yes, under Kentucky’s comparative negligence rule, you can recover damages reduced by your percentage of fault.

Q5: Are hands-free devices completely safe to use while driving?
A5: While hands-free devices reduce manual and visual distractions, they may still cause cognitive distractions. It’s best to minimize any non-driving activities while on the road.

Conclusion

Understanding Kentucky’s distracted driving laws is essential for protecting yourself and others on the road. By staying informed and avoiding distractions, drivers can reduce the risk of accidents and create safer roadways for everyone. If you’ve been a victim of a distracted driving accident, the experienced attorneys at Sue Distracted Driver are here to help.

Contact us today for a free consultation to discuss your case and learn how we can fight for your rights.