Kentucky Distracted Driving Laws

Talking on the phone and texting while driving remain significant threats on Kentucky roads, particularly in Louisville. As experienced Louisville personal injury lawyers, we frequently witness the devastating consequences of drivers diverting their attention from the road. Kentucky Revised Statute 189.292 addresses this issue by prohibiting the use of personal communication devices for text-based communication while operating a motor vehicle in motion. Understanding this law is crucial for both drivers and victims seeking justice after a Kentucky car accident.

Understanding KRS 189.292

Text from Kentucky Revised Statutes stating, "189.292 Use of personal communication device prohibited while operating motor vehicle in motion on traveled portion of roadway -- Exclusions -- Administrative regulations. (1) As used in this section, "personal communication device" means a device capable of two (2) way audio or text communication that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers communication to the possessor, including but not limited to a paging device and a cellular telephone. (2) Except as provided in subsection (3) of this section, no person shall, while operating a motor vehicle that is in motion on the traveled portion of a roadway, write, send, or read text-based communication using a personal communication device to manually communicate with any person using text-based communication, including but not limited to communications referred to as a text message, instant message, or electronic mail. (3) Subsection (2) of this section shall not apply to: (a) The use of a global positioning system feature of a personal communication device; (b) The use of a global positioning or navigation system that is physically or electronically integrated into the motor vehicle; (c) The reading, selecting, or entering of a telephone number or name in a personal communication device for the purpose of making a phone call; (d) An operator of an emergency or public safety vehicle, when the use of a personal communication device is an essential function of the operator's official duties; or (e) The operator of a motor vehicle who writes a text message on a personal communication device to: 1. Report illegal activity; 2. Summon medical help; 3. Summon a law enforcement or public safety agency; or 4. Prevent injury to a person or property. (4) The secretary of the Transportation Cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A to implement the provisions of this section, including but not limited to updates or advances in the automotive and information technology industries. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 59, sec. 3, effective June 8, 2011. --"
KRS189.292 Use of personal communication device prohibited while operating motor vehicle in motion on traveled portion of roadway — Exclusions — Administrative regulations.

Enacted in 2010 and amended in 2011, KRS 189.292 makes it illegal for drivers to write, send, or read text-based communication on a personal communication device while the vehicle is in motion. This includes text messages, instant messages, and emails. The law defines a “personal communication device” as any device capable of two-way audio or text communication, such as a cell phone or pager.

Exceptions to the Rule Outlined in KRS 189.292

KRS 189.292 outlines specific exceptions where the use of a personal communication device is permissible:
Using a GPS feature on the device.

  • Operating a navigation system integrated into the vehicle.
  • Entering a phone number or name to make a call.
  • Use by emergency or public safety vehicle operators performing official duties.
  • Writing a text message to report illegal activity, summon medical help, contact law enforcement, or prevent injury to a person or property.

Legal Recourse for Victims of Texting and Driving in Kentucky

Victims of accidents caused by texting and driving in Kentucky have legal avenues to seek compensation. In cases where a driver violates KRS 189.292, the concept of “negligence per se” may apply. This legal doctrine holds that violating a statute designed to protect public safety (like KRS 189.292) is inherently negligent. Therefore, if a driver causes an accident while texting, they can be presumed negligent, simplifying the victim’s path to compensation.

Our legal team at Stein Whatley Astorino aggressively advocates for our clients. Our Louisville lawyers investigate the claims thoroughly. We deal with the insurance companies. Our Louisville injury attorneys will file the insurance claim against the insurance company of the reckless individual that caused the accident. Our Louisville lawyers are experienced with civil lawsuits involving car accidents, truck wrecks, and motorcycle accidents.

We even have wrongful death lawyers to represent you in the event a loved one was lost because someone decided to send a text while they were driving. It is important that justice is pursued to hold reckless drivers accountable.

Comparing KRS 189.292 and KRS 189.294: A Closer Look at Kentucky’s Distracted Driving Laws

While KRS 189.292 directly prohibits texting while driving, KRS 189.294 broadens the focus by regulating the use of cell phones for certain drivers and in specific circumstances. Understanding the differences between these two statutes helps drivers remain compliant. Moreover, it provides accident victims more legal clarity when pursuing compensation in distracted driving injury lawsuits.

What Does KRS 189.294 Say?

Text from Kentucky Revised Statutes stating, "189.294 Use of personal communication device by minor prohibited while operating motor vehicle, motorcycle, or moped in motion on traveled portion of roadway -- Exclusions -- Administrative regulations. (1) As used in this section, "personal communication device" shall have the same meaning as defined in KRS 189.292. (2) Any person under the age of eighteen (18) who has been issued an instruction permit, intermediate license, or operator's license shall not operate a motor vehicle, motorcycle, or moped that is in motion on the traveled portion of a roadway while using a personal communication device, except to summon medical help or a law enforcement or public safety agency in an emergency situation. (3) Use of a personal communication device does not include a stand-alone global positioning system, a global positioning or navigation system that is physically or electronically integrated into the motor vehicle, or an in-vehicle security, diagnostics, and communications system, but does include manually entering information into the global positioning system feature of a personal communication device. (4) This section shall not apply to the use of a citizens band radio or an amateur radio by a motor vehicle operator. (5) The secretary of the Transportation Cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A to implement the provisions of this section, including but not limited to updates or advances in the automotive and information technology industries. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 59, sec. 4, effective June 8, 2011. -- Created 2010 Ky. Acts ch. 110, sec. 3, effective July 15, 2010."
189.294 Use of personal communication device by minor prohibited while operating motor vehicle, motorcycle, or moped in motion on traveled portion of roadway — Exclusions — Administrative regulations.

KRS 189.294 prohibits drivers under the age of 18 from using any personal communication device while driving—regardless of whether the use is for texting, calling, or GPS navigation. This statute enforces a zero-tolerance policy for novice drivers, acknowledging their higher crash risk due to inexperience.

The law also allows local governments to pass their own ordinances restricting handheld cell phone use for adult drivers, particularly in cities or counties with higher crash rates.

How It Differs from KRS 189.292

  • Age-Specific vs. Universal Application:
    KRS 189.292 applies to all drivers, regardless of age, but it restricts only text-based communication. In contrast, KRS 189.294 applies solely to drivers under 18, banning all forms of personal device use while driving.
  • Type of Activity:
    KRS 189.292 allows certain actions—like entering a phone number or using GPS—if done safely. KRS 189.294 does not permit any use of a phone or similar device by teen drivers, even for navigation or calls.
  • Local Authority:
    KRS 189.294 empowers local governments to adopt stricter measures. For example, some Kentucky cities have enacted local bans on handheld phone use by adult drivers, going beyond what KRS 189.292 requires. Louisville has considered such measures, and if enacted, Louisville car accident lawyers could invoke these ordinances to support negligence claims in local cases.

Legal Implications for Personal Injury Claims

When a driver violates KRS 189.294, that violation can also support a claim of negligence per se, just like violations of KRS 189.292. If a minor causes a crash while using a phone—even if not texting—that behavior strengthens the victim’s legal case. Our Louisville personal injury lawyers often reference these laws when building cases against distracted drivers, especially when the at-fault party is a teen or inexperienced driver.

In commercial vehicle cases, Louisville truck accident lawyers can examine both state statutes and federal FMCSA regulations that already ban handheld device use by truckers. The intersection of Kentucky distracted driving laws and federal rules can prove vital when establishing fault.

Criminal Penalties for Violating Kentucky Distracted Driving Laws

Violating Kentucky’s texting and driving law carries financial and legal consequences. For a first offense, drivers face a $25 fine; subsequent offenses result in a $50 fine. Additionally, each violation adds three points to the driver’s record. Accumulating 12 points within two years can lead to license suspension.

It’s important to note that while the fines may seem minimal, the broader implications—such as increased insurance premiums and potential license suspension—can have lasting effects.

The Distracted Driving Laws in Kentucky and Prevalence of Violations

Distracted driving is a pervasive issue in Kentucky. In 2022, there were 4,879 collisions involving distraction, resulting in 1,389 injuries and 12 fatalities. These statistics underscore the critical need for awareness and adherence to texting and driving laws in Kentucky like KRS 189.292.

As Louisville car accident lawyers, we have represented numerous clients affected by distracted driving accidents. The human cost—physical injuries, emotional trauma, and financial burdens—is immeasurable.

Proving Violation of Distracted Driving Laws in Kentucky

Establishing that a driver was distracted at the time of an accident is crucial for a successful claim. Evidence can include:

  • Cell phone records indicating usage at the time of the crash.
  • Witness testimonies.
  • Police reports noting distracted driving as a factor.
  • Surveillance footage or photographs from the scene.

Our personal injury law firm diligently gathers and analyzes such evidence to build a compelling case for our clients.

The Role of Louisville Truck Accident Lawyers

Distracted driving isn’t limited to passenger vehicles; commercial truck drivers are also susceptible. Given the size and weight of trucks, accidents involving distracted truck drivers can be particularly catastrophic. Our Louisville truck accident law firm specializes in these complex cases, understanding the nuances of federal and state regulations governing commercial drivers.

We work to hold negligent truck drivers and their employers accountable, ensuring victims receive the full and fair compensation they deserve.

Preventative Measures and Advocacy

Beyond legal representation, our commitment extends to advocacy and education. We support initiatives aimed at reducing distracted driving through public awareness campaigns and legislative efforts. By promoting safe driving practices, we strive to prevent accidents before they occur.

How Can Stein Whatley Astorino help?

KRS 189.292 and KRS 189.294 serve as vital tools in combating distracted driving in Kentucky. However, enforcement alone isn’t enough. As Louisville personal injury lawyers, we advocate for victims and work tirelessly to hold negligent drivers accountable. Our Louisville lawyers represent injured people resulting from distracted driving in car wrecks, truck accidents, and motorcycle crashes.

If you have been affected by a distracted driving accident, our personal injury law firm is here to help you navigate the legal process and secure the compensation you need to move forward.

Call us for a free and confidential case evaluation. 502.553.4750

 

Serious Attorneys. Serious Results.