Distracted driving is a leading cause of serious accidents across the U.S., and lawmakers are cracking down with tougher legislation to combat the growing problem. If you’ve been injured by a distracted driver—whether they were texting, eating, or even daydreaming—it’s critical to understand your legal rights. A knowledgeable Chicago personal injury lawyer can help you navigate the legal system and fight for the compensation you deserve.
While every state has taken some steps to discourage distracted driving, not all laws are created equal. Some states impose stiff penalties and sweeping restrictions, while others are far more lenient. Let’s take a closer look at the top five states with the strictest distracted driving laws—and see how your state measures up.
1. Oregon
Oregon leads the way when it comes to distracted driving laws. In 2017, the state passed a tough “Hands-Free Law,” making it illegal to use any handheld electronic device while driving—not just for texting, but also for navigation, social media, or even holding your phone at a stoplight.
Penalties:
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First offense: Up to $1,000 fine
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Second offense (within 10 years): Class B misdemeanor, possible jail time
Oregon’s aggressive approach has made a major impact on driver behavior and sets a high bar for enforcement.
2. Washington
Washington was one of the first states to pass a texting-while-driving ban, and it has only gotten stricter since. Its “Driving Under the Influence of Electronics” (DUI-E) law, enacted in 2017, prohibits nearly all use of handheld devices—even while stopped in traffic or at a red light.
Penalties:
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First offense: $136 fine
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Second offense: $234 fine
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Violations are reported to insurance providers
What sets Washington apart is that infractions are treated like DUIs—a strong deterrent for drivers and a model for other states.
3. Vermont
Vermont may be small, but its distracted driving laws are serious. Handheld use is prohibited for all drivers, and school or transit bus drivers are banned from using any device, hands-free or not.
Penalties:
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First offense: Up to $200 fine and 2 points on your license
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Subsequent offenses: Up to $500 fine and additional points
Drivers involved in crashes due to distracted driving face even steeper consequences, including higher fines and license suspensions.
4. Illinois
Illinois, home to the busy streets of Chicago, is no stranger to the dangers of distracted driving. Since 2019, all handheld phone use while driving has been considered a moving violation—meaning it goes on your driving record and could lead to a license suspension.
Penalties:
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First offense: $75 fine
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Increases up to $150 for repeated offenses
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Three violations in 12 months: Possible license suspension
The law also applies to texting and driving while stopped at red lights. Illinois drivers are only allowed to use phones in hands-free mode, and even then, only if they’re over 18.
5. New York
New York has long been a leader in traffic safety, and its distracted driving laws reflect that. The state enforces a comprehensive ban on handheld devices, and law enforcement officers don’t hesitate to issue citations.
Penalties:
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First offense: $50 to $200 fine and up to 5 driver violation points
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Second offense: Fines can go up to $250
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Third offense: Up to $450
Accumulating 11 points in 18 months can lead to license suspension, making distracted driving a serious risk to New York motorists.
Where Does Your State Rank?
While the five states above stand out, others are catching up. Here’s how a few other states rank when it comes to distracted driving enforcement:
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California: Hands-free law in effect, but fines are relatively low.
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Georgia: Strong laws similar to Illinois, with the “Hands-Free Georgia Act.”
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Texas: Bans texting while driving, but enforcement varies by city.
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Florida: Only recently made texting a primary offense; still more lenient than others.
If your state doesn’t have strong distracted driving laws in place, that doesn’t mean you’re unprotected. Many cities and counties implement their own rules, and general negligence laws still apply in accident claims.
Why Strict Laws Matter
Tougher distracted driving laws serve a dual purpose: they act as a deterrent and make it easier for victims to prove negligence in civil cases. When a driver breaks a state or local hands-free law and causes an accident, it can strengthen the victim’s case for compensation. Insurance companies also tend to take these cases more seriously when a citation is involved.
How to Keep Yourself and Others Safe on the Road
Distracted driving is a nationwide problem, but how your state handles it can make a major difference—both for safety and for accountability. Whether you live in one of the strictest states or somewhere with more lenient laws, it’s important to stay informed, drive responsibly, and know your rights. Make sure you understand how the laws in your state can affect your case and protect your future.
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