California leads the way in handheld device and text message legislation. California motorists are prohibited from operating a hand-held device while driving and are also prohibited from text messaging while driving. The purpose of such laws is to cut down on distracted driving and alleviate dangerous crashes, injuries and fatalities caused by cellular phones. Not only are drivers mentally distracted by the use of handheld devices while driving, but at least one hand must be used to talk on the phone, and often both hands to text, which can reduce reaction time and the ability to maintain stable driving conditions.
Unfortunately, many drivers choose to ignore the laws and engage in the use of cell phones while driving, putting all other motorists at risk. An Oakland driver is in critical condition this evening as she was involved in a dangerous crash along I-5 this morning. California Highway Patrol reports that she was reaching for her cell phone when she lost control of the vehicle and careened down the southbound lanes. Seeking to return a text message, the driver violently swerved from the northbound lanes, struck a raised portion of the road and began to flip repeatedly down the opposite lanes.
The driver was immediately airlifted to Encloe Medical Center in Chico.
We at Ledger Law & Associates abhor the act of text messaging and driving. Not only does it distract the driver from the responsibility to pay constant attention to the roadway, but it places all other drivers at risk; drivers who choose to exercise prudence and do not use cell phones while driving.
Effective January, 2009, the California legislature responded to a string of injuries and fatalities at the hands of distracted drivers. The text messaging ban was enacted in hopes that drivers would recognize the risks of texting while driving. The law imposes fines and point penalties against drivers who are caught texting behind the wheel.
California recently participated in its first-ever Distracted Driving Awareness Month in April 2011. California Highway Patrol praises the efforts of statewide law enforcement agencies who stepped up to enforce California’s laws seeking to eradicate distracted driving. Over 50,000 citations were issued in April for distracted driving-related offenses; a figure that represents a 7% decline from April 2010.
30% of drivers nationwide admit to texting or talking on the phone while driving. CHP Commission Joe Farrow relates the recent efforts to those in the 1990’s aimed at seat belt usage: “Similar to 1993 when California implemented a primary enforcement law and officers could stop a vehicle just to cite a seat belt violation; people had to get in the habit of wearing a seat belt. Now they need to get into the practice of putting down the cell phone and driving.”
