Distracted driving is becoming a very serious issue throughout the United States. Even in a “no fault” insurance state like Kentucky, even single-car accidents happen when the driver is using their cellphone while in transit. And, this just applies to single vehicle mishaps. Fault will still apply in collisions where individuals are seriously injured and must pursue further damages in court when their personal injury protection coverage is maximized. Even though the state has made cellphone texting illegal for drivers while in motion, talking on such a device may be next.
Cell phone usage accident statistics
Recent statistics regarding surveys with random drivers has indicated an alarming number who actually use a technological device while driving, and cellphones in particular. Texting while driving is particularly worrisome, but merely talking can be a distraction as well. In some states, even vehicles equipped with hands-free devices have not significantly reduced the number of motor vehicle accidents.
Reevaluating primary violation status
Under current Kentucky law, police officers can only write citations for cellphone use when officers have direct knowledge of a driver actually texting while in transit. This typically happens following crashes when the evidence can used as part of the auto accident claims process. Comparative negligence still applies in the state when cases are in court, and auto insurance companies often use this evidence in reducing claim values. Due to the fact that 90% of drivers admit to using a cellphone in some capacity while driving, the state General Assembly could now take this matter up in the next legislative session.
All Kentucky motorists should take heed that distracted driving is indeed a very serious issue. Even though talking on a cellphone seems safe, it is the actual cause of many accidents in the state and across the nation.
