Legislating on Texting While Driving, part 2

In keeping with my theme that monetary penalties rather than traffic violation charges may be the most effective way to combat this activity, I would add the following language to my prior recommendation, to make this a pocketbook hit:

If in any civil action in which the operator of a motor vehicle has been adjudged negligent in the operation of the vehicle, and the finder-of-fact has found the operator’s negligence occurred at the time the operator was reading or sending text messages, or was viewing the screen of a device capable of displaying or sending text messages, then the operator’s automobile insurance carrier may charge an additional liability insurance premium of 15% of the base amount of the premium, regardless of any provision in the policy to the contrary, and regardless of any other provision of state law to the contrary.  The additional charge may remain in effect until not later than one year after such adjudication.

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