If there’s one thing most Iowans aren’t leaving home without, it’s their cell phone. Although it is a good idea to always have your cell phone with you while driving as you never know when you will engage in an accident or get a flat tire and will need to phone for help, these advanced devices have definitely contributed to making our roadways much riskier to drive on. In 2018, 1,090 crashes occurred in the State of Iowa as a result of a driver being distracted by their phone or other device and 524 people suffered injuries [Source: Iowa Department of Transportation].
As important as many find their cell phone to be, the reality is, they are contributing to a major issue that is responsible for taking many innocent lives. We identify this issue as distracted driving. Many drivers are finding it difficult to keep their phones out of sight until they have reached their destination safely which is why AARP says that “cell phone addiction if fueling distracted driving.”
Why are so many drivers addicted to their cell phones?
Cell phones are integrated into our everyday lives. We use them to communicate with one another, capture moments on camera, stay caught up with friends and family via social media, watch the news, etc. It’s no wonder why so many people have become addicted to using them. In fact, many can’t seem to ignore their cell phones for the short period of time they spend driving to and from work, school, the gym, or anywhere else.
When Zendrive’s CEO and founder was asked why he thinks phones have become “increasingly hard to ignore,” he said that our “smartphones are the most intimate devices we have. We have a dependency on them. They are an extension of our intellect, they are an extension of our social network, they get us from point A to point B, they entertain us. The habit is so strong.”
Zendrive, which is a “driving-behavior analytics company,” took the time to “analyze anonymous cell phone data from 1.8 million drivers and surveyed 500 drivers about distracted driving, says AARP. Zendrive found that “almost half (47 percent) said they used phones at least 10 percent of their driving time while 85 percent of people said they thought distracted driving is a problem.” Based on its findings, the company has learned that “drivers are 10 percent more distracted this year than they were in 2018.”
Are Iowa’s texting and driving laws enough to help combat the issue of distracted driving?
While some states have already adopted a hands-free law that prohibits drivers from talking or texting on their phone with their device in hand, Iowa has yet to adopt such law. Although a hands-free law might take effect in the State of Iowa in the near future, the state does have some other laws being enforced that aim to reduce the number of motorists who text while they drive. Some of these laws are shared down below.
According to Iowa Code 2020, Section 321.276 (33, 1):
- “A person shall not use a hand-held electronic communication device to write, send, or view an electronic message while driving a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway.”
- A person is said to not be in violation of this section if they are “using a global positioning system or navigation system or when, for the purpose of engaging in a call, the person selects or enters a telephone number or name in a hand-held mobile telephone or activates, deactivates, or initiates a function of a hand-held mobile telephone.”
If an individual violates the law, he/she “is guilty of a simple misdemeanor.”
Involved in an accident with a distracted driver in Iowa?
Iowa follows a fault-based system which means the driver who causes the accident is liable for covering your losses which typically include medical bills and the cost to repair or replace your vehicle. Now, because every driver in the State of IA should be insured, you would need to file a claim with their insurer in an effort to recover compensation for the damages you suffered. Only under certain circumstances would you need to file a personal injury lawsuit against the driver.
Now, we should inform you that car insurance companies don’t always provide claimants with the maximum amount of compensation they are entitled to which is why you should contact Eells & Tronvold Law Offices, P.L.C. Our skilled car accident attorneys in Iowa will not only help you understand what your legal rights are, but we can estimate what your damages are worth to ensure the insurer is providing you with a fair amount of money.
You can reach Eells & Tronvold Law Offices, P.L.C. at:
1921 51st Street NE
Cedar Rapids, IA 52402
Phone: (319) 393-1020
Fax: (319) 393-4000
Website: www.eellsandtronvold.com