Will a $25.00 fine really deter the conduct of texting while driving? Text messaging is a part of the teenage culture. Kids don’t want to talk on the phone. My daughter will send a text and wait for a reply rather then call a friend. I couldn’t get my sister off the phone when I was growing up.        

As I am sure you are aware, Kentucky now has a law that prohibits texting while driving. The hope is that this law will help to prevent serous car accidents and crashes. You are not allowed to text and drive. I am not going to go the question as to why we would need a law that is simply common sense. Texting while driving is more dangerous than drunk driving. Intexicated driving causes more accidents than intoxicated driving.

But my question is did Kentucky go far enough in the penalties put in place for violating this law?  Are the penalties enough to really deter the act of text messaging?  Are auto accidents going to be prevented? Are lives going to be saved?

Children of the 21^st century have grown up with cell phones. Text messaging is their No. 1 form of communication with friends.  Driving to work every day, I see people texting while they’re driving. Kentucky drivers are looking down at their cell phones and not looking at the road ahead.  They are not paying attention to the cars around them. What happens if a car suddenly stops or a child runs into the street?

 The penalty range for texting and driving starts at $25.00 for a first offense and $50.00 for a second offense, yet the consequences can be severe and deadly in many situations.  It has been said that text messaging is worse than driving while drunk as far as your ability to control the car.  This can be said of any type of distracted driving. 

My question is should Kentucky’s texting law have more severe fines and penalties?  In states like Utah it is a crime of manslaughter in a situation where you are texting and driving and have a fatal accident causing a death. Does this go too far? I think tougher penalties are more likely to deter the conduct that we are trying to eliminate from our roads.  As a personal injury attorney I can use evidence of texting while driving in a civil trial. This may enhance what a jury would award.

Text messaging and driving is very dangerous.  I know I have posed a lot of questions. Only time will tell if the law deters texting while driving and helps to prevent car accidents. I think the penalty for texting while driving in Kentucky should be more in line with what the actual damage done by this very negligent behavior. I am curious to hear your thoughts.