Washington D.C. Distracted Driving Laws [2024]

The dangers of distracted driving present a significant risk on today’s roadways, including in Washington D.C. Since cell phones became the center of all communication, navigation, and online interaction in our daily lives, distracted driving accident numbers have escalated. According to the National Highway Traffic Safety Administration (NHTSA), 3,308 lives were lost due to distracted drivers in 2022.

Although smartphone use is the most common cause of distracted driving accidents, eating, grooming, adjusting sound systems, and interacting with children or backseat passengers also constitute distracted driving.

Those living in Washington D.C. or planning a visit to our nation’s capitol should familiarize themselves with the state’s distracted driving laws.

Restrictions on Cell Phone Use While Driving in Washington D.C

The District of Columbia has a series of laws in place to protect drivers against distracted driving accidents by limiting cell phone use to hands-free technology while driving. Under the state code § 50–1731.04, the law states the following:

“No person shall use a mobile telephone or other electronic device while operating a moving motor vehicle in the District of Columbia unless the telephone or device is equipped with a hands-free accessory.”

Exceptions to the Washington D.C. distracted driving laws include the following:

• Emergency calls to 911, 311, or to summon police or emergency services
• Law enforcement and first responders’ use of cell phones
• “Dialing” a number and then using hands-free technology
• Using the hands to end a cell phone call or turn the phone off

“Hands-free technology” does not include wearing headphones, which is prohibited under the law except for hearing-assistive equipment for hearing-impaired drivers.

Distracted Driving Is a Primary Offense in Washington D.C.

Unlike many states with laws prohibiting hands-on cell phone usage while driving, in the District of Columbia, distracted driving is a primary offense. This means law enforcement may pull over a driver for a traffic stop if they witness the driver texting or using their phone with their hands for longer than it would take to dial or end a call.

In the majority of states, distracted driving remains a secondary offense, meaning law enforcement officers may only issue citations for distracted driving as a secondary offense if they pull over a driver for a primary offense like speeding or running a stop sign; however, Washington D.C. takes distracted driving seriously, making it a primary offense with significant penalties.

In addition, when a distracted driver causes an accident, they are liable for the victim’s damages like medical expenses, lost wages, and compensation for pain and suffering.

What Are the Penalties for Distracted Driving In Washington D.C?

In most cases, a driver’s first offense for distracted driving ends with a suspended fine—a warning. Second offenses warrant a $100.00 fine. Distracted driving is a traffic offense, it does not come with criminal charges or criminal penalties.

Drivers ticketed for distracted driving also receive a point against their driver’s license which could contribute to license loss if the driver has a significant number of accumulated points. It may also cause an increase in the driver’s insurance premiums. Most importantly, a distracted driver is at fault if they cause an accident, leaving them fully liable for the victim’s damages under the District of Columbia’s contributory negligence insurance laws.

How Can a Washington D.C. Car Accident Lawyer Help?

Suffering serious car accident injuries or the wrongful death of a loved one due to a distracted driver is a devastating experience. Navigating the district’s liability laws often presents challenges as insurance companies sometimes assign an injury victim an undue portion of fault in the accident that can leave them ineligible for compensation.

Call Lightfoot Law, PLLC for a free case consultation if a distracted driver’s negligence harmed you or a close family member. Our Washington D.C. car accident attorneys are ready to provide experienced legal representation tailored to your unique case.