Cops, prosecutors, courts and jails are already too overloaded to take on effective enforcement of any new distracted driving criminal laws, e.g., cell phoning while driving (CPWD). Why not focus instead on enhancing civil law to create enhanced civil liability for a distracted driver in a car crash? For example, the distracted driver pays triple damages without the necessity of proving causation. This change would require a new state law. Also, the Idaho Supreme Court would need to change the court rules to support this by, for example, making cell phone records automatically discoverable in any car crash case. Eager-beaver personal injury lawyers would surely do more than cops ever could to deter distracted driving. Insurance companies would likely amplify deterrence by changing premiums, policies, and insurability standards.
James Runsvold, Caldwell