Distracted Driving Awareness Month Takes Place in April
You’ve probably seen it a hundred times: a driver scrolling through their phone at a red light. Perhaps you've seen someone weaving between lanes with one hand on the wheel and the other on a mobile device. In today’s world, distracted driving is more common than ever due to the advent of cellphones, and Delaware lawmakers have taken steps to curb it. Since 2011, Delaware has had a hands-free cell phone law in place that bans the use of handheld electronic devices while driving.
Distracted Driving Awareness Month, which is observed nationally every April, is a reminder that even a moment of inattention can change lives forever. If you were hurt because another driver was texting, scrolling, or simply not paying attention, you don’t have to deal with the aftermath alone. A Delaware distracted driving accident lawyer from our law firm can help you understand your rights and fight for the maximum compensation you deserve.
What Is Delaware's Hands-Free Law?
Delaware’s hands-free law is pretty straightforward: if you're driving a car, you can't use a handheld device. That also extends to tablets, laptops, handheld video games, and any other portable computing device. The law specifically prohibits:
- Holding a phone to make or receive a call
- Texting or reading texts
- Writing or reading emails
- Browsing the internet
- Using social media or other apps
However, hands-free use through Bluetooth or voice commands is still legal. Drivers can talk on the phone when using a headset, speakerphone, or mounted device that doesn’t require hands. This law applies at all times while operating a vehicle, even when drivers are stopped at a red light or stuck in traffic. As long as the engine is on and a driver is behind the wheel, their expected to follow the rule.
What are the penalties for using a phone while driving?
Drivers who are caught using a handheld device behind the wheel in Delaware can face a fine of $100 for the first offense. If cited again, the penalty goes up. Subsequent offenses range from $200 to $300. While the first citation may not come with points on a driver's license, multiple violations could impact driving records and possibly insurance premiums.
Why is distracted driving so dangerous?
Distracted driving is one of the leading causes of car accidents in the United States, and the numbers are staggering. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving killed 3,275 people in 2023 alone.
Even a quick glance at a phone can delay drivers' reaction time. For example, driving distracted by a cellphone at 55 mph for just five seconds is the equivalent of traveling the length of a football field blind. In that time, anything can happen—traffic could stop, a pedestrian could cross, or a car could suddenly swerve. And it’s not just texting. Holding a phone, reading an email, and adjusting apps all shift attention away from driving. This boosts the risk of more car accidents, injuries, and fatalities that could have been avoided.
What kinds of distractions do drivers engage in?
Distracted driving isn’t limited to cellphones. There are three main types of distraction:
- Visual: This involves taking eyes off the road for any reason. It can be to reach for an object, adjust a GPS or infotainment system, or look at something outside of a vehicle.
- Manual: Drivers might take their hands off the wheel to multitask or engage in another distraction. This might be eating, drinking, or grooming while driving.
- Cognitive: This happens when drivers take their minds off driving due to daydreaming or thinking about something unrelated to driving.
How does distracted driving affect a car accident claim?
Delaware is an at-fault car insurance state, which means the driver who caused your car accident is responsible for paying damages. If the at-fault driver was distracted, this can be used as proof of negligence in a personal injury claim. For example, if there’s evidence the other driver was texting or talking on the phone, it can strengthen your case.
Proving distracted driving isn’t always easy, but there are several types of evidence your lawyer can use, including:
- Police reports that note if the driver was cited for using a phone.
- Cell phone records (which may require a subpoena).
- Witness statements from passengers or other drivers.
- Surveillance footage or dash cam video.
- Photos from the crash scene.
- The other driver’s own statements or social media activity.
In some cases, proving distracted driving can be tricky, especially if the driver doesn't leave a trail of evidence behind. The key is acting quickly to build a strong case. The sooner you speak with a Delaware lawyer, the sooner they can begin gathering evidence before it disappears or becomes harder to access.
We know how to fight for crash victims in Delaware
If you’ve been injured in a car accident in Georgetown or anywhere in Sussex County, you’re likely dealing with more than just physical pain. Between medical bills, missed paychecks, and calls from the insurance company, the aftermath can be a lot to handle. If you go it alone, you could find yourself at a disadvantage with the insurance companies. That’s where the experienced attorneys at Gill, Welsh, and Chamberlain, P.A. come in. We’ve been helping crash victims in Delaware since 1983, and we know exactly what it takes to push back when the insurance companies try to play hardball.
Our legal team will gather evidence, handle the paperwork, and build a strong case to pursue every dollar you’re owed for medical bills, lost wages, and pain and suffering included. And since we work on a contingency fee basis, you don’t owe us anything unless we win your case.
The sooner you speak with a lawyer after an accident, the better. Evidence fades, witnesses forget details, and insurance companies move fast to limit their liability. Contact us online or call us today to schedule your free consultation. We’ll listen to your story, explain your legal options, and help you figure out the next steps.