Across the USA, it is illegal to text, surf the web, use social media, etc., on a cellphone while driving. However, in recent years, it’s become less clear whether speaking on a handheld cellphone is illegal or not. This is confusing, especially for drivers who frequently cross state lines.

Distracted Driving Laws: Talking on the Phone While Driving 

The legality of speaking on a handheld phone while driving entirely depends on the state in which you live. 

Here is the information for the three states where Craig Swapp & Associates has an office:

  • Utah – Illegal to talk on a mobile phone while driving, but you can’t be cited for it unless you’ve been pulled over for another offense.
  • Idaho – Legal to talk on a mobile phone while driving.
  • Washington – Illegal to talk on a mobile phone while driving.

For a full list of each state’s laws, visit the National Conference of State Legislatures.

Penalties for Talking on the Phone While Driving

In Utah, Idaho, Washington, and other states, laws regarding cellphone use behind the wheel vary. 

Utah law generally prohibits the use of handheld devices while driving, making it illegal to dial, write, send, read, or view text messages or data. Drivers can use their phones only for certain functions, such as GPS or emergency calls, and even then, hands-free operation is strongly encouraged.

Penalties for talking on the phone while driving can include:

  • Hefty fines
  • Points on your driver’s license, and 
  • Increased insurance premiums
  • License suspension or more severe consequences

Every state also imposes fines and penalties, which may differ in amount and enforcement. In states where hands-free laws are in place, drivers are encouraged to use Bluetooth or other voice-activated technology, but even hands-free phone use can still be distracting and lead to legal consequences in the event of a crash.

Law enforcement officers are vigilant in enforcing distracted driving laws because of the high risk posed by distracted drivers. If you are involved in a crash and the other driver was talking on the phone, this can serve as strong evidence of negligence in a personal injury case.

Talking on the Phone While Driving Is Dangerous

Whether or not it is legal to talk on a handheld cellphone while driving in your state, it is dangerous. According to the National Safety Council, an average of 1 million car accidents involve drivers talking on the phone every year in the US. Many of those accidents result in injuries and deaths.

This danger comes in large part from the fact that holding a cellphone to the ear while driving narrows a driver’s field of vision. The NSC explains it may cause the driver to miss up to 50% of what’s around them. With decreased visibility, coupled with the audible distraction of t

Hands-Free Phone Use

Many vehicles allow drivers to speak on their phones hands-free via Bluetooth systems or other setups. While hands-free calling and talking are legal across the country, they are still not without some risk of an accident. 

A study done at the University of Sussex determined that drivers are 0.98 seconds slower to respond to hazards while on a hands-free mobile phone than when not. While that doesn’t sound like much, if you’re traveling 30 mph, you’re going about 44 feet per second. The 0.98 delay can be the difference between an accident occurring or being avoided.

Types of Accidents Caused by Distracted Drivers

Talking on the phone while driving, whether using a handheld or hands-free device, often leads to serious accidents. Many people wonder if it’s illegal to talk on the phone while driving. Regardless of state laws, distracted driving remains one of the top causes of preventable crashes across the country. 

Here are the most common types of accidents caused by drivers who talk on the phone behind the wheel:

  • Rear-End Collisions: Drivers distracted by phone conversations may not notice slowing traffic ahead, causing them to crash into the car in front.
  • Side-Impact Accidents: Talking on the phone while driving at intersections increases the risk of running red lights or failing to yield, leading to dangerous T-bone crashes.
  • Head-On Collisions: Distracted drivers can drift across the center line, especially on undivided roads, resulting in devastating head-on accidents.
  • Single-Vehicle Accidents: Losing focus for even a second can cause a driver to veer off the road, hit a barrier, or collide with stationary objects.
  • Multi-Car Pile Ups: In busy traffic, one distracted driver talking on the phone can trigger chain-reaction crashes involving several vehicles.

These types of vehicle accidents frequently involve drivers who ignore the law and choose to talk on the phone while driving. If you’ve been involved in a crash with a distracted driver, consult a trusted injury lawyer in your area.

Injuries from Distracted Driving Accidents

When drivers choose to talk on the phone while driving, the consequences can be life-changing. Victims often suffer injuries that require extensive medical treatment and can affect them for years to come. 

Here are some of the most common injuries seen by personal injury lawyers in Utah:

  • Whiplash and Soft Tissue Injuries: Sudden impacts, especially in rear-end collisions, frequently cause neck and back strain.
  • Broken Bones: The force of a crash can result in fractures to arms, legs, ribs, or facial bones.
  • Traumatic Brain Injuries (TBI): Hitting your head during a collision, even if airbags deploy, can cause a concussion or more serious brain trauma.
  • Spinal Cord Injuries: High-speed or head-on collisions increase the risk of spinal injuries that may result in partial or complete paralysis.
  • Cuts, Bruises, and Lacerations: Shattered glass and vehicle debris often cause severe cuts or bruises.
  • Internal Injuries: Blunt force trauma from seat belts or steering wheels can lead to internal bleeding or organ damage.

These injuries are just a few of the reasons why it’s crucial to avoid talking on the phone while driving. If you have been hurt in a crash with a distracted driver, reach out to an injury lawyer for guidance and support.

What to Do if You’re Hit by a Distracted Driver

Getting hit by someone who was talking on the phone while driving can be overwhelming. What you do next can make a significant difference in your recovery and your legal options. 

Follow these essential steps if you’re involved in a distracted driving accident:

  • Call Law Enforcement: Report the accident to the police and make sure the incident is officially documented, noting if the other driver was talking on the phone.
  • Seek Immediate Medical Attention: Even if you feel okay, get checked by a medical professional to document any injuries.
  • Gather Evidence at the Scene: Take photos of vehicle damage, the accident site, and your injuries. Look for witnesses and collect their contact information.
  • Exchange Information: Get the other driver’s insurance and contact details, as well as their license plate number.
  • Do Not Admit Fault: Avoid discussing responsibility at the scene or with insurance adjusters until you have legal representation.
  • Consult an Injury Lawyer: Contact Craig Swapp & Associates, leading Salt Lake City injury lawyers, as soon as possible. They’ll help you understand your rights and begin the claims process.

If you are ever in doubt about whether it is illegal to drive while talking on the phone, remember that following the law and staying alert can save lives. Personal injury lawyers can help when distracted drivers cause harm.

Statute of Limitations for Distracted Driving Accidents

If you’re injured in a crash caused by someone talking on the phone while driving, it’s important to act quickly to protect your rights. Each state has a statute of limitations, a legal deadline for filing a personal injury claim. 

In Utah, for example, you generally have 4 years from the date of the accident to file a lawsuit. Other states served by Craig Swapp & Associates, such as Idaho, Washington, and Colorado, may have different time frames, often ranging from two to three years.

Missing the statute of limitations deadline can mean losing your right to seek compensation, even if it is clear that the other driver was talking on the phone while driving. To ensure you do not miss out on your opportunity for recovery, speak with an injury lawyer as soon as possible after your accident.

Speak with Our Injury Lawyer for Legal Help After the Accident

Distracted drivers cause accidents, and the biggest distraction is, by far, cellphones. If you or a loved one has been injured in an accident caused by a driver using their cellphone, you deserve fair and full compensation. 

At Craig Swapp & Associates, our experienced injury attorneys fight for the following:

  • All medical bills associated with the accident
  • Lost wages due to work missed
  • General pain and suffering
  • A decrease in quality of life
  • And more, depending on the specifics of the case

Insurance companies may be quick to deny fault for an accident, even if their client was using a cellphone when the accident occurred. The goal of the at-fault insurance company is to minimize the amount the victim receives. An experienced personal injury attorney understands how the insurance companies work and will fight to maximize the victim’s final compensation.

If you or a loved one has been injured in an accident caused by another driver’s negligence, get in touch with the experienced injury attorneys of Craig Swapp & Associates today by calling us at 1-866-316-5712 or filling out our online contact form to schedule your free consultation. Help is just a call away.

Written By: Ryan Swapp     Legal Review By: Craig Swapp