The light turns red, and the driver ahead doesn’t notice — because they’re staring at their phone. You’ve seen it happen a hundred times on I-71 or cutting through downtown Covington. Kentucky law already bans texting while driving, but it stops short of a full handheld ban for adult drivers — a gap that may soon close. Senate Bill 28 passed the Kentucky Senate 31-7 and is now headed to the House. If you are facing a traffic citation or were injured by a distracted driver in Northern Kentucky, a Covington criminal defense attorney at Dickman Law Office can help you understand how these laws affect your case.
What Does Kentucky’s Current Distracted Driving Law Prohibit?
KRS 189.292, enacted in 2010 and amended in 2011, makes it illegal for drivers to write, send, or read text-based communication on a personal communication device while the vehicle is in motion. The ban covers text messages, instant messages, and email, but it leaves a significant gap. For most Kentucky motorists, there are no restrictions on talking on a cell phone while driving. Adults can legally hold a phone to their ear, scroll social media at a red light, or make a call while rolling down I-75.
The rules are stricter for younger drivers. Separate rules under KRS 189.294 impose much stricter limits on younger drivers. Drivers under the age of 18 who have an instruction permit, intermediate license, or operator’s license are restricted from using communication devices in almost any capacity while driving. Exceptions exist for GPS navigation and emergency calls to law enforcement, but the overall restriction for teen drivers is far broader than the adult texting ban.
Current penalties are relatively modest. Any person who violates KRS 189.292 or KRS 189.294 shall be fined twenty-five dollars ($25) for the first offense and fifty dollars ($50) for each subsequent offense.
The conviction will also add three points to the motorist’s driving record. While those fines may seem minor, the points matter. Accumulating 12 points within a two-year period can lead to a license suspension.
What Would the Phone Down Kentucky Act Change?
Known as the “Phone-Down Kentucky Act,” Senate Bill 28 would build on Kentucky’s ban on texting while driving and dramatically expand what is prohibited behind the wheel. The bill prohibits a motor vehicle operator from holding a mobile electronic device in their hand while operating a vehicle, including activities such as texting, typing, scrolling, or watching video content.
The bill preserves some exceptions. Drivers would still be allowed to:
• Use hands-free or voice-based navigation and communication
• Make emergency calls or report accidents and hazards
• Use citizen band radios, amateur radios, or commercial two-way radios
• Hold a phone while the vehicle is lawfully parked or otherwise lawfully stopped
The bill proposes a fine of $100 for violations, but points would not be assigned to the driver’s record. Law enforcement would also face limitations. Officers must have a clear visual confirmation of unlawful use of a device before initiating a stop, and they cannot seize, search, view, or require forfeiture of a cell phone if a driver is stopped for this offense. These built-in protections are designed to prevent overreach while still changing driver behavior on Kentucky highways, including the busy corridors through Covington and Northern Kentucky.
Why Is Kentucky Pushing for Stronger Distracted Driving Laws?
The numbers paint a clear picture. Kentucky State Police collision data revealed a total of 46,842 crashes in 2024 related to distraction and driver inattention. On the national level, distracted driving claimed 3,275 lives in 2023 according to the National Highway Traffic Safety Administration. Sending or reading a text takes your eyes off the road for 5 seconds, and at 55 mph, that is like driving the length of an entire football field with your eyes closed.
Kentucky has lagged behind on this issue. Kentucky is one of the few remaining states without a comprehensive handheld phone ban, despite all seven of its neighboring states adopting similar laws.
According to national highway safety data, more than thirty states plus the District of Columbia and several U.S. territories prohibit all drivers from using handheld cellphones while driving. The existing texting-only ban has also proven difficult for officers to enforce. Instead of admitting to texting, a driver may say they were using the GPS or were dialing a phone number and both of those are acceptable under the current statute.
How Distracted Driving Affects Your Legal Rights in Covington
Whether SB 28 becomes law or not, distracted driving already carries serious legal consequences beyond a traffic ticket. 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 is inherently negligent, and if a driver causes an accident while texting, they can be presumed negligent. That presumption can simplify the path to compensation for anyone injured by a distracted driver in Covington or the surrounding Northern Kentucky communities.
Violations can carry more severe consequences when distracted driving is proven to be a contributing factor in a collision resulting in injury to another driver. A $25 fine might seem insignificant, but the civil liability from causing a crash while texting can reach hundreds of thousands of dollars or more. If a stronger hands-free law passes, the evidence of a violation may become even easier to establish in a personal injury case.
Protect Your Rights With Dickman Law Office
If you received a distracted driving citation or were hurt by a driver who was on their phone in Covington or Northern Kentucky, your next step matters. Dickman Law Office has defended clients against traffic violations and fought for injury victims for over 30 years. Call 1-800-611-PAUL or contact us online to schedule a free initial consultation. We are here to solve your legal problem.
Posted in: Car Accidents