Distracted Driving Laws



We may feel distracted many times throughout the day – while at work, while at play, etc. However, the one place where distractions should be completely off-limits is when you are driving. Unfortunately, distracted driving takes the lives of many people each year in the United States as well as injuring many more. You may understand the various types of distracted driving, including texting or sending emails, eating food, looking at a map, or changing the radio station. But what happens if you are driving distracted and get caught? What should you expect?

Pulled Over For Distracted Driving 

To make sense of what to expect when you are caught driving distracted, you must first understand something known as “primary enforcement” laws. With these types of laws, an officer can pull you over even if they observe no other violation. This means that, the moment they see you texting on your phone while driving, you can be stopped! Some states, however, have “secondary enforcement” laws, which means officers may only cite you if they have pulled you over for a separate violation and choose to get you on distracted driving as well. Cell phone and texting bans, especially, are targeted at groups like teen drivers, which means that officers will see these actions taking place and automatically pull over the driver.

Negligence and Recklessness

If a driver was distracted when an accident took place and both property damage and injuries stemmed from it, then there is a good chance that they will be responsible for monetary damages. For instance, what if you were talking on the phone while you ran into someone’s vehicle? They could use evidence of your phone call as a way to pin negligence or recklessness on you in a court case.


If you have been injured in an accident and it was due to distracted driving, you may have a case. Call us today for more information. At Maggiano, DiGirolamo & Lizzi, we care about your case.