(LEX 18) — Kentucky is moving closer to joining 29 other states with comprehensive hands-free driving laws after a mother whose 2-year-old daughter was killed by a distracted driver testified before lawmakers.
Senate Transportation Chair Jimmy Higdon presented the Phone Down Kentucky Act during the Interim Joint Committee on Transportation meeting on Tuesday.
The legislation would extend Kentucky's existing texting-while-driving ban to cover nearly all uses of personal communication devices unless operated hands-free.
Alyssa Burns, whose daughter Camberleigh was killed in a 2022 Louisville crash, joined Higdon at the committee meeting to share her family's experience and advocate for the bill.
"An innocent child was torn apart literally," Burns said, describing the horrific injuries her daughter suffered. "She was nearly decapitated. Her eye was out of her socket. Every bone in her back and neck were broken. Her head was split open and she was pulled out of a 4x4 space."
The driver told police he wasn't paying attention and couldn't stop in time after traffic had slowed, according to Burns.
"I know this bill doesn't bring Camberleigh back, or bring the justice that is due to us, but it plants a seed for safety and security on our Kentucky roads," Burns said. "I am here to support and help pass this bill, and all I can ask is that you join me."
Higdon said Kentucky is falling behind the national trend on distracted driving laws. All seven of Kentucky's neighboring states now have some form of hand-held phone restriction in place.
"Camberleigh's story breaks your heart, and while this bill will not change what happened, it gives us a path forward," Higdon said. "We have a responsibility to act. If something as simple as putting the phone down can save a life, we owe it to Kentuckians to make that change."
The proposed legislation would preserve current exemptions for emergency situations, GPS navigation and law enforcement use, but would close a broad loophole that allows other forms of distracted driving to go unaddressed.
According to the National Highway Traffic Safety Administration, distracted driving crashes killed 3,308 people and injured nearly 290,000 more in 2022 alone. In 2019, the economic cost of those crashes was estimated at $98 billion.
Burns also advocated for severe consequences for drivers who kill due to distraction. She distributed fliers reading "Justice for Camberleigh" and wants felony criminal charges to apply in fatal distracted driving cases. She says the driver who killed her daughter never faced serious consequences and walked away with only a ticket.
"If someone is killed for the negligence of your actions, your license is gone. You don't get to drive anymore," Burns said. "He didn't get anything. I wouldn't even call a speeding ticket a slap on the wrist."
The final draft of the Phone Down Kentucky Act is expected to be introduced in the upcoming legislative session.
