Cell Phones- Driving Dangers

Our serious injury lawyers are frequently litigating car collision cases in which the driver causing the serious injury was using a cell phone while operating the vehicle.
Research has consistently shown that operating an automobile while talking on a cell phone, either hand-held or hands-free, increases the risk of an accident by three to four times that normally experienced by attentive drivers. The general consensus of the scientific community is that there is little, if any, difference in crash rates involving hands-free versus hand-held cell phones. The very fact that one is engaged in a two-way conversation on a cellular phone, not the fact that one is holding the phone, is what causes a cognitive distraction which leads to the increased rates of collisions. Scientists have named this condition “inattention blindness”. This condition inhibits drivers’ abilities to detect changes in road conditions while they are carrying on a two-way conversation.
Several states and several communities have worked in a variety of ways to reduce dangers caused by this driver distraction. The highest standard prohibits use of any hand-held cellular phone but permits drivers to use hand-free devices. The District of Columbia, Connecticut, New Jersey and New York have adopted this standard. Eight states have banned school bus drivers from talking on any type of cellular device.
In 2004, a National Highway Traffic Safety Administration study estimated that at any given moment in daylight hours, 8% of all drivers are operating a vehicle while talking on a cell phone. This is two times the estimated number of drivers talking on a cell phone in the year of 2000. It is anticipated that the statistic will continue to increase.
Even if states were to enact regulations concerning the use of hands-free cell phones, enforcement would be problematic at best. While traffic officers can easily see if a driver is using a hand-held cell phone, it would be almost impossible to determine if a driver is using a hands-free cell phone.
In light of this continuing and increasing problem, the Center for Auto Safety has petitioned the National Highway Traffic Safety Administration for a rule banning the use of any sort of two-way cellular device while operating an automobile. The Center for Auto Safety contends that what was once a essentially helpful technology has become a source of dangerous driver distraction. They point out that in search of new profit centers, major auto companies are marketing devices which make it easier for one to carry on conversations while operating a vehicle. One example cited is General Motors, the owner of the Onstar System. What was once an emergency communication system has now been expanded to allow personal cell phone calls as an integral part of the Onstar System. According to the Center for Auto Safety, GM has tried to expand the scope of its Onstar service by adding email, movie listings, personalized news, sports reports and weather information while driving.
In light of the above, the Center for Auto Safety has petitioned for a rule prohibiting the use of any cellular phone or text messaging system while the vehicle is operating. They are proposing some sort of technology which would render these devices inoperable while the automobile is in motion.