• 19
  • October
    2011

The Idaho legislature is well known for its small-government philosophy and focus on individual freedoms. Much like the citizens they represent, legislators are often reluctant to allow government intrusion into Idahoans' personal lives.

However, a recent editorial in the Idaho Statesman argues that a too-heavy focus on personal liberty can sometimes result in an increased risk of harm to innocent citizens. The paper blamed what it called an anti-"nanny state" philosophy for the legislatures' repeated failure to pass laws that aimed to curb distracted driving accidents by banning texting while driving.

The controversy began during the final days of the 2010 legislative session, when lawmakers used a procedural move to quash discussion on a bill that would have prohibited texting while driving. Under the bill, drivers who caused a car accident while texting could be charged with a misdemeanor offense.

In the wake of that debate, the bill's sponsors introduced a new bill during the 2011 session that did not place an outright ban on texting, but instead proposed a new infraction - called "distracted driving" - that could be used to prosecute drivers who caused motor vehicle accidents because they were distracted by handheld electronic devices. The bill was defeated on a 48-to-21 vote.

Idaho is an outlier on this issue - so far, 43 states have implemented laws that either limit or prohibit texting while driving.

Local Governments Picking up the Mantle

Over twenty percent of all motor vehicle accidents are thought to be related to distracted driving. Drivers who text behind the wheel are four times as likely to cause car accidents that result in personal injury.

These alarming statistics, combined with the state's failure to act, have some local governments in Idaho contemplating texting bans of their own. Both Meridian and Twin Falls have passed laws to prohibit texting while driving. Sandpoint and Coeur d'Alene city councilors are currently considering similar bans.

Distracted driving is a serious, and all too often deadly, issue. Even though texting while driving is not yet a crime in Idaho, it's still negligent behavior. Idahoans injured by distracted drivers may be able to seek recourse in civil court.

Source: Idaho Statesman, "Our View: Finishing Work the Legislature Started," Oct. 18, 2011.