We are seeing more and more motorcycle crashes that result when the motor vehicle driver is using their handheld wireless communication device.  I said 'handheld wireless communication device' because that is the term used in Utah Code Section 41-6a-1716 that makes texting while driving a criminal offense.

Utah Code Section 41-6a-1716 states:

Prohibition on using a handheld wireless communication device for text messaging communication while operating a moving motor vehicle -- Penalties.
(1)  As used in this section:
(a) (i)  "Handheld wireless communication device" means a handheld device used for the transfer of information without the use of electrical conductors or wires.
(ii)  "Handheld wireless communication device" includes a:
(A)  wireless telephone;
(B)  personal digital assistant;
(C)  pager; or
(D)  text messaging device.
(b)   "text messaging" has the same meaning as defined in Section 76-4-401.
(2)  Except as provided in Subsection (3), a person may not use a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle on a highway in this state.
(3)  Subsection (2) does not prohibit a person from using a handheld wireless communication device while operating a moving motor vehicle:
(a)  during a medical emergency;
(b)  when reporting a safety hazard or requesting assistance relating to a safety hazard;
(c)  when reporting criminal activity or requesting assistance relating to a criminal activity;
(d)  when providing roadside or medical assistance; or
(e)  when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment.
(4)  A person convicted of a violation of this section is guilty of a:
(a)  class C misdemeanor; or
(b)  class B misdemeanor if the person:
(i)  has also inflicted serious bodily injury upon another as a proximate result of using a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle on a highway in this state; or
(ii)  has a prior conviction under this section, that is within three years of:
(A)  the current conviction under this section; or
(B)  the commission of the offense upon which the current conviction is based.

This specific code section makes only texting while driving a criminal act.  It makes no mention of speaking on a phone while causing a crash.  Almost every week in my practice we receive a call from a victim of a crash that was caused by a person while they were talking on their phone.  Maybe it is about time that we took distracted driving seriously in the state of Utah!

Utah Bike Law is a law firm and its lawyers represent motorcycle riders and their families across Utah including the counties and cities of Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, Wayne, Weber, American Fork, Beaver, Bountiful, Brigham City, Cedar City, Delta, Draper, Duchesne, Fillmore, Heber, Kamas, Kanab, Kaysville, Layton, Lehi, Logan, Moab, Murray, Nephi, Ogden, Orem, Park City, Price, Provo, Richfield, Riverton, Roy, Salt Lake City, Sandy, South Jordan, St. George, Tooele, Vernal, West Jordan, and West Valley City.

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