NCOIL Reaffirms Distracted Driving Model Law Amidst Promising Results

In a significant move to combat one of the most pressing safety issues on American roads, the National Council of Insurance Legislators (NCOIL) has readopted its Distracted Driving Model Act during its 2026 Summer National Meeting in Boston. This model law, which serves as a template for states looking to implement hands-free driving legislation, underscores the growing concern over distracted driving, a phenomenon that has been linked to rising accident rates and fatalities across the country. The readoption not only reaffirms NCOIL's commitment to safer roads but also highlights the effectiveness of legislative initiatives at the state level.

The Distracted Driving Model Act, initially adopted in April 2021, was spearheaded by California Assemblyman Ken Cooley and Ohio Senator Bob Hackett. Its core provision makes distracted driving a primary offense, allowing law enforcement to pull over drivers solely for phone use, without needing another traffic violation as justification. This proactive approach reflects a broader strategy aimed at reducing the alarming rates of distracted driving, which have been exacerbated by the proliferation of smartphones and digital distractions.

The Impact of State-Level Legislation on Road Safety

The decision to renew the model law came after notable successes in states that have enacted similar legislation. For instance, Ohio, an early adopter of the hands-free framework, has reported a decrease in distracted driving incidents and overall traffic fatalities. Data from the Ohio State Highway Patrol and the Ohio Department of Public Safety indicate that the state has experienced double-digit reductions in crashes linked to distracted driving since implementing the law. This trend aligns with broader national research that underscores the effectiveness of hands-free laws in improving road safety.

Statistical Evidence of Success

Iowa has demonstrated even more dramatic results: its hands-free law led to a staggering 27% drop in traffic deaths compared to 2024 levels, achieving a record low fatality rate in 2025. The correlation between the enactment of these laws and the subsequent decline in distracted driving behavior is supported by telematics data, which shows significant decreases in on-screen tapping, handheld calling, and other phone-related distractions while driving.

Other states have similarly reported positive trends after adopting hands-free laws. For example:

• Alabama: Documented decreases in distracted driving rates following the implementation of its hands-free legislation.
• Michigan: Saw improvements in road safety metrics after similar measures were enacted.
• Missouri: Reported a decline in distracted driving incidents, further supporting the effectiveness of legislative action.
• Colorado: Recorded a 19% drop in inattentive-driving crashes within five months of its law taking effect.

Challenges and Costs of Distracted Driving

Despite the promising outcomes associated with these laws, distracted driving remains a significant challenge for insurers and public safety advocates. The rise in distraction-linked traffic violations has been alarming. According to LexisNexis Risk Solutions, these violations increased by 57% across all age groups since 2022, with the most significant spikes occurring among older drivers. Specifically, drivers aged 36 to 45 experienced a 70% increase in distraction-related violations, while those aged 66 and older saw an even steeper rise of 73%.

AM Best has identified distracted driving as a key structural issue contributing to a decade of underwriting losses in the commercial auto insurance sector. Alongside social inflation and escalating repair costs, the financial pressure from distracted driving incidents continues to burden insurers, highlighting the urgent need for effective legislative solutions.

The Role of Insurance in the Legislative Landscape

As distracted driving continues to pose a risk to public safety and insurance stability, the readoption of the NCOIL model law serves as a call to action for states yet to implement similar measures. NCOIL CEO Will Melofchik emphasized the importance of this legislative review process, noting that it allows the organization to assess how effectively model laws have been utilized in various states since their inception. The success of the Distracted Driving Model Act is evident in the data, and there is a clear expectation that more states will consider adopting it in the near future.

What This Means for Insurers, Fleets, and Individual Drivers

The data supporting the effectiveness of hands-free laws is particularly relevant for auto insurers and telematics providers. As states continue to evaluate their distracted driving policies, insurers need to consider how these legislative changes impact claims frequency and loss projections. The evidence suggests that primary-offense hands-free laws can lead to a measurable reduction in claims, which is a critical factor for insurers when setting premium rates and evaluating risk.

Brokers advising clients, whether individuals or fleets, should be prepared to address questions regarding rising insurance rates, especially in states that have not yet adopted hands-free laws. Clients may wonder why their rates continue to climb despite other improvements in risk factors. Providing clarity on the link between legislation and insurance costs can help clients understand the broader context of distracted driving and its implications for road safety.

Key Takeaways

• The NCOIL Distracted Driving Model Act aims to reduce distracted driving fatalities by making phone use a primary offense.
• States like Ohio and Iowa have reported significant reductions in distracted driving incidents and fatalities after adopting similar laws.
• Distracted driving violations have surged, particularly among older drivers, contributing to rising costs for insurers.
• The readoption of the model law signals NCOIL's commitment to enhancing road safety through legislative action.
• Insurers must consider the impact of distracted driving laws on claims and pricing strategies as states evolve their policies.

Frequently Asked Questions

What does the NCOIL Distracted Driving Model Act entail?

The NCOIL Distracted Driving Model Act is a legislative framework that establishes distracted driving as a primary offense. This means law enforcement can stop drivers solely for using their phones, without needing another traffic violation to justify the stop. The act aims to encourage states to adopt hands-free laws to improve road safety and reduce accidents linked to distracted driving.

How have states benefited from adopting hands-free laws?

States that have implemented hands-free laws have reported significant reductions in distracted driving incidents and traffic fatalities. For instance, Ohio experienced double-digit decreases in crashes, while Iowa saw a 27% reduction in traffic deaths, reaching a century-low fatality rate. These outcomes highlight the effectiveness of legislative measures in enhancing road safety and decreasing dangerous driving behaviors.

Why is distracted driving a growing concern for insurers?

Distracted driving poses a substantial risk for insurers, contributing to rising claims and underwriting losses. Recent data shows a 57% increase in distraction-linked traffic violations across all age groups since 2022, with the most pronounced increases among older drivers. This trend underscores the need for effective policies to mitigate risks associated with distracted driving and stabilize insurance costs.

What should drivers and fleet operators do regarding distracted driving laws?

Drivers and fleet operators should be proactive in understanding and complying with hands-free driving laws in their states. As legislation evolves, it is crucial to stay informed about the implications of these laws on insurance rates and road safety. Fleets may also consider investing in telematics solutions to monitor driver behavior, which can help reduce distractions and improve overall safety on the roads.