Fines for Cell Phone Use by State

Fines for texting while driving range from $25 for first-time violations to over $1,000 for subsequent severe violations. Depending on the severity and the state, some violations could require court appearances, community service, or even jail time.

More than 220 million people in the U.S. have mobile phones, and research suggests that as much as 80 percent of Americans use their phones while driving.²

As a result, there are now more distracted drivers on the road than in years past. In the U.S., about eight people per day die in car crashes related to distracted driving, according to a report from the U.S. Centers for Disease and Control³ based on data from the National Highway Traffic Safety Administration (NHTSA).

Crashes involving at least one distracted driver totaled 3,142, representing nearly 9 percent of all car crash fatalities in 2019, up almost 10 percent from 2018.⁴

This number pales in comparison to fatal auto crashes due to drowsy drivers, which came to 697, or almost 2 percent of total fatalities in 2019, down 11 percent from a year earlier. In addition, an AT&T survey found that 75 percent of 15- to 24-year-olds have driven distracted at least once a month, and 68 percent have read texts, emails, or social media while driving.⁵

The NHTSA is investigating further key areas of texting while driving. According to its estimates, sending text messages is the most distracting activity because it takes your eyes off of the road for five seconds. Cambridge Mobile Telematics measured data related to cell phone distraction between March and April 2020, and its findings revealed that almost 17 percent of all crashes involved phone use five seconds before impact.⁶

Notably, there’s also a growing trend of people using social media while driving, which has resulted in lawsuits and fatalities. For this reason, restrictions are in place throughout the U.S.

Commercial Driver’s License (CDL)

For drivers with CDLs, texting is prohibited in all 50 states, and most states have bans on using hand-held phones. In 2012, the Federal Motor Carrier Safety Administration put a federal cell phone law in place that supersedes state law.⁷ Under federal law, CDL holders can be fined or have their licenses revoked for using hand-held cell phones while driving.

Although commercial drivers are subject to the most stringent hand-held laws, a commercial driver can use a communication device to relay information between a transit or for-hire operator and the operator’s dispatcher. The device must be permanently factory-installed in the vehicle, like a CB radio. The drivers can also use hands-free devices such as GPS systems.

Teens

According to the NHTSA, if a teen driver is found violating a texting-while-driving law, and this driver is in a state with graduated driver licensing (GDL), the teen could face a delayed or suspended license.

All 50 states and Washington, D.C., have some sort of GDL program with multistep timelines and practice hours before allowing teens to gain driver’s licenses, although some states have more stringent rules than others. Our multistate chart in the earlier section contains an overview of what laws are on the books for teens, but be sure to check your state and local DMV for more information.

Proposed Restrictions Being Pushed Back in Certain States

In response to the rise of distracted driving, lawmakers in states that previously allowed nonrestricted driving while using hand-held cell phones have circulated more restrictive bills in local and state legislatures. Although many of these lawmakers have pushed for more restrictions, many of the bills in these states have failed to pass in states that already allow hand-held device use.

• Kentucky: For instance, Rep. James Tipton introduced a state bill that would ban use of hand-held phones while driving or when stopped in traffic as well as watching, recording, or broadcasting video from hand-held devices.⁸
• Mississippi: Rep. Jill Ford recently reintroduced her proposed hand-held cell phone measures, which would make using hand-held phones while driving a misdemeanor. However, it did not pass the House Judiciary Committee during a July 2021 session.
• Louisiana: Rep. Mike Huval sponsored a more restrictive bill that would have banned the use of hand-held phones while driving in the state. The bill passed in the House, but failed in the Senate.

To the chagrin of lawmakers trying to pass more restrictive legislative bills against using cell phones on the road, drivers continue to use hand-held cell phones despite the availability of hands-free technology, according to the NHTSA report. This is a key area the NHTSA is investigating.

Complex cell phone “sub-tasks” such as text messaging, dialing, and locating a cell phone are associated with an increased crash risk, the report found. Therefore, it is best to avoid all of these sub-tasks or automate them if you are unsure about the laws in your state.
Set your phone to “do not disturb,” or automate it to send “not available” messages. In fact, you can activate hands-free automated responses or voice assistants on many newer Android and iPhones that convert speech to text.

In the case you are caught unknowingly violating the law, here are the main steps we suggest.

1. For incidents that do not involve an accident:
   • Review your ticket to make sure all of the information is correct.
   • Pay the fine within the specified time period before any further penalties arise.
   • Visit your local state trooper website for information on traffic tickets and answers to frequently asked questions.
   • If you believe you are innocent, contact an attorney immediately. There may be a short time frame in which you can dispute the ticket, and failure to respond to the ticket and the associated fine could result in a suspended license or worse. The use of a hand-held mobile device while driving is permitted in certain cases, such as emergency situations where you are calling 911 or reporting a dangerous situation on the road.
2. For incidents that involve an accident:
   • Document the incident by taking pictures of the damage.
   • Obtain copies of the police report along with your statement of the incident.
   • Retain the names, phone numbers, and addresses of all parties involved in the accident, as well as the information of their insurance providers and policy numbers. Attorneys advise exchanging information with the other driver and making no other statements, since any further statements could be held against you.>Write down the police officer’s name and badge number.
   • Contact your auto insurer immediately if there was an accident, since failure to notify the insurance provider within a certain time period could result in a denied claim. It is a good practice to review your auto insurance coverages annually so you understand the details of your policy before getting in an accident. If you are uninsured, there can be penalties such as fines of hundreds or thousands of dollars or even license suspension, depending on the number and severity of offenses.
   • In the case of injuries, notify your insurer and keep records of any medical treatments sought in relation to the accident. Also keep copies of receipts for out-of-pocket expenses and photographs of the injuries.
3. Seek further legal assistance. The American Bar Association (ABA) is a great place to start if you do not have an attorney.⁹ For those who do not qualify for its free legal assistance options, the ABA offers a list of unbiased referrals to attorneys, some of whom offer sliding-scale services. The ABA also lists prepaid legal services that allow you to pay ahead of time for access to a group of legal services if needed, often at a fraction of the cost. You can also visit your local courthouse, which may offer free information on frequently asked questions, refer you to free legal phone hotlines, or assist with forms and legal reference materials.

There are major risks with using a cell phone while driving as it pertains to business operations. If your employees use vehicles to do any work-related task, your business could be at risk. For example, if your employee gets in an accident because they were violating a texting-and-driving law during a company errand, there could be legal implications for your business.

Most business car insurance plans, as well as personal care insurance plans, do not cover legal costs associated with violating laws. Therefore, your business could be liable for certain costs if your employee was found breaking hand-held and texting laws while driving and the injured party sues your company.

Certain states have no-fault laws, although a person can still file an injury claim if it meets certain thresholds according to the state where the accident occurred. In severe cases, the state can charge drivers with reckless driving or negligent homicide if a person is killed as a result of the accident.

Even if your employee has agreed to not use their mobile phone while driving, be sure to buy both hired (when your business leases or rents a vehicle for operations) and non-owned (an employee who uses their personal car) auto insurance as a business owner. Contact your car insurance agent for coverage details, or learn more about non-owner insurance.

Higher Insurance Rates

In most states, a first violation of cell phone usage while driving won’t result in a high increase in insurance rates if an accident isn’t involved. However, accidents and/or subsequent violations could result in a 10 to 40 percent increase in car insurance rates.¹⁰

Depending on the severity of the situation, there could even be a denial of coverage by the insurance carrier. One of the ways insurance carriers review the risk of a driver is the person’s driving record. Points on your driving record factor into the calculation of the cost of insurance.

Here are a few ways you can reduce your risk as it pertains to fines and distracted-driving accidents:

1. Enroll in distracted-driver education and training. Not only can distracted-driving courses mitigate accident risks¹¹, certain auto insurance companies will offer discounts if you enroll in accredited distracted-driving courses. Enrolling and completing a course could give you a discount of up to roughly 10 percent with certain car insurance carriers, such as GEICO.
2. Become familiar with local and state laws. Since legislation varies, you should be familiar with the laws in your county or municipality before you get behind the wheel. If you have a teenager who drives, inform them of the rules in graduated licensing systems and bans in your area.
3. Set rules for teen drivers. If you have a teenager driving your car, give them strict rules, such as these best practices:
   • Keep a cell phone tucked away in the glove compartment for emergency purposes, with the ringer and notifications turned off to prevent distracted driving.
   • Limit the number of passengers in the car according to local and state laws. If there are no legal requirements on the number of passengers, implement a strict one-passenger policy to help your teen avoid distracted driving.
   • When your teenager is driving to new places that require navigation, have them ride with a passenger who will give directions. It is better to have a passenger look at the maps than risk a navigation device distracting a new driver on the road.

In summary, distracted driving has major consequences, including fines, increases in insurance rates, license suspension, accidents, and litigation. However, by becoming familiar with the law and following the best practices outlined in this report, you can mitigate risk for yourself, your business, or your family.