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Smartphones Are the New Drunk Driver

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Shifting sands of the Outer Banks

Smartphones Are the New Drunk Driver

SteveL2025-10-22T07:15:35-07:00
Accident caused by a driver using their cell phone.
Cell phone drivers are drunk drivers

Smartphones Are the New Drunk Driver — Iowa’s Distracted Driving Crisis

Every time a driver looks down to read a text, they take their eyes off the road for an average of five seconds. At 55 mph, that’s the length of a football field traveled blind. For motorcyclists, that split second can be the difference between a near miss and a fatal crash. Distracted drivers — those texting, scrolling, or fumbling with apps — are now causing as many serious collisions as impaired drivers.

Iowa’s Law on Distracted Driving

Iowa law explicitly bans texting or using electronic devices while driving:

Iowa Code § 321.276 prohibits reading, writing, or sending electronic messages, and restricts most hand-held device use while operating a vehicle. Violations can result in fines and increased penalties when distracted behavior leads to injury or death. In severe cases, prosecutors may also charge reckless driving under Iowa Code § 321.277.

Civil Liability — When “I Didn’t See Them” Isn’t a Defense

In personal injury litigation, distracted driving can go far beyond a simple traffic ticket:

  • Negligence Per Se: Violating the distracted driving statute can automatically establish negligence if the act caused the crash.
  • Punitive Damages: When behavior shows a reckless disregard for safety — like reading texts at highway speeds — a jury may award punitive damages to punish and deter similar conduct.
  • Evidence Gathering: Cell phone records, vehicle infotainment logs, dash-cam footage, and eyewitness testimony are often key to proving distraction.

In cases involving motorcycles, these facts matter even more — riders don’t have the protection of a steel frame or airbags, so injuries are almost always severe.

How to Protect Yourself and Build a Case

If you suspect the driver who hit you was using a phone, act quickly:

  1. Call law enforcement immediately so the investigating officer can note potential phone use.
  2. Document everything — scene photos, skid marks, traffic cameras, and witness information.
  3. Contact a personal injury attorney to preserve evidence before it disappears. Phone data is time-sensitive and often requires subpoena power to obtain.
  4. Seek medical attention even for minor pain — many serious injuries (especially to the spine or brain) worsen over time.

The Human Cost of a “Quick Glance”

At Lombardi Law Firm, we’ve seen what happens when a driver says, “I only looked down for a second.” That second can destroy a family, end a career, or change a life forever. Distracted driving isn’t an “accident” — it’s a choice.

Takeaway

  • Distracted drivers are the new drunk drivers.
  • Iowa Code § 321.276 makes phone use illegal behind the wheel.
  • Victims have rights — and juries increasingly hold distracted drivers accountable through compensatory and punitive damages.

Steve’s Summary

Steve Lombardi, attorney
Lombardi Law Firm

Be smart and put the cell phone beyond reach.  When I have mountaineered, hiked or done anything in the mountains the cell phone goes into the backpack. You can get used to not looking at your cell phone every two minutes. And it is healthy. At least I think it is. Be smart. Be safe.


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