Texting and driving

Effective 7-1-2011, the Indiana Legislature wisely passed the following law:

IC 9-21-8-59 (Texting while driving; confiscation)

(a) A person may not use a telecommunications device to:

(1) type a text message or an electronic mail message;
(2) transmit a text message or an electronic mail message; or
(3) read a text message or an electronic mail message;
while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology, or unless the device is used to call 911 to report a bona fide emergency.
(b) A police officer may not confiscate a telecommunications device for the purpose of determining compliance with this section or confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section.

By the clear language of the law, it is illegal to not only send a text message or email while operating a moving motor vehicle, but it is also illegal to "read" a text or email while operating a motor vehicle.

This is a good law as far too many collisions happen due to distracted driving.

If someone causes a collision and they viovated this code provision, they should be found negligent per se.

Categories: Personal Injury