Have you ever been stuck behind a driver using a cell phone? He or she goes 40 mph in a 55 mph zone or weaves from side to side. We all know how annoying it can be. Driving in one lane and wondering what the individual is doing. Then, we pass them only to learn that he or she is busy talking on a mobile phone. No shock here. According to the National Highway Traffic Safety Administration (NHTSA), more than 1 million American drivers are talking on their mobile phones at any specific time. Moreover, a 2007 survey carried out by Nationwide Mutual Insurance Co. declared that out of 1,200 drivers, 73 percent talk on cell phones when operating their vehicle. It has become the norm rather than the exception.
Despite the fact that there are no statistics of accidents caused by usage of cell phones, its danger has affected dozens of counties and several states so that they have banned in-vehicle handheld usage. California passed such a law and many people still use handheld cell phones. California in addition to Connecticut, New Jersey, New York, Utah and Washington, DC have all enacted laws banning the use of these types of mobile phones while driving. This is a cautionary move, and a smart one, because we have all experienced close calls with drivers speaking on cell phones.
However, it is controversial whether DWY—or driving while yacking—is truly dangerous. Wireless cell phone backers assert that speaking on a cell phone is as equal a distraction as speaking to your kids in the back seat via the rear view mirror. Similarly, they declare that eating and driving is just as hazardous. These advocates argue that laws prohibiting cell phones address the technology not the driver.
Studies contradict these people’s premise. A 2005 study of Australian drivers declared that cell phone users were four times as likely to get into a car accident as non-users. Similarly, a 2007 Canadian study also connected cell phone usage with the possibility of a crash.
In view of these dangers, hands-free devices have been used by drivers. Inventions like the Bluetooth, which permits you to have the phone anywhere in the car and plays over your speakers, in-car communications systems, and head sets are now used in compliance with State laws. However, even these devices do not decrease the hazards of cell phone usage. According to the Insurance Institute for Highway Safety, there is plenty of data to infer that even though hands-free phones remove the physical distraction of handling a cell phone, it does not remove the cognitive distraction. This means that you can be so emotionally involved in the conversation on your cell phone that your brain will not be able to react quickly enough to dangerous conditions on the road. Your conversation exacts greater concentration than your driving which shifts your eyes from the street before you.
The issue of employer and manufacturer liability also looms with increased cell phone usage on the job. Even though only a few high-profile cases have been heard, employers are concerned that they may be held liable for collisions caused by their employees who are driving and conducting business on their cell phones. Under what is called the doctrine of vicarious responsibility, employers may be held liable for the negligent acts of employees carried out while working. They also may be held liable if they neglect to establish a safety policy for cell phones.
If you and a loved one get into an accident while driving and using a cell phone or even if you were not using a cell phone, Ledger and Associates can help. We are a blue-chip personal injury law firm specializing in car accidents. We even offer a free consultation. Call us at 800-300-0001 so we can help you in your time of need.
