Despite widespread campaigns of its risks, cell phone use behind the wheel continues to occur, posing a grave threat to drivers and pedestrians alike. Understanding why this behavior persists, particularly among young drivers, is important. As a personal injury attorney with firsthand experience witnessing the devastating consequences of distracted driving, I am deeply motivated to advocate for change. The statistics are sobering – according to the National Highway Safety Administration, approximately one in four motor vehicle crashes involve cell phone use.
As an experienced personal injury attorney, I have helped many families where someone was injured or killed due to distracted driving involving cell phones. In fact, in my experience I’ve seen more wrecks caused by distracted driving than by drunk driving. In 2021, 3,522 people lost their lives due to a crash involving distracted driving. While some states have implemented restrictions on cell phone use while driving, no state has enacted a comprehensive ban on cell phone use while driving. As a legal professional who has witnessed the devastating aftermath of such accidents, I firmly believe that comprehensive solutions must be enacted to protect the lives and well-being of all road users. A total cell phone ban for all drivers while on the road, along with enforcement, and public education campaigns, will help make the roads safer for everyone.
Cell Phones and Distracted Driving Legislation 2024
Cell phone use while driving laws in the United States vary from state to state, but many jurisdictions have implemented regulations aimed at curbing distracted driving and improving road safety.
As of 2024:
- 49 states have banned texting while driving for all drivers.
- Montana is the only state without a law banning texting while driving
- 34 states prohibit the use of handheld cell phones while driving
- 32 of these states have a primary enforcement law banning handheld cell phones while driving, meaning that law enforcement officers can stop and ticket drivers under this without the need for any other violation to have occurred.
- Alabama and Missouri; however, have a secondary enforcement law banning the use of handheld cell phones while driving meaning that officers can only enforce the law if another violation, such as speeding or running a red light, has also occurred.
- 36 states prohibit all cell phone use for drivers under 18, or 21 in some states.
However, there is considerable variation in the specifics of these laws, including whether hands-free devices are permitted, the penalties for violations, and exemptions for emergency situations.
Challenges to Cell Phone Use Legislation
As of 2024, no state has passed a comprehensive ban on cell phone use while driving for all drivers. Despite efforts to regulate cell phone use while driving, enforcement and compliance remain challenges, and distracted driving continues to be a leading cause of accidents and fatalities on American roads. Only a total cell phone ban for all drivers on the road will help to truly end the growing distracted driving problem. As such, raising awareness about the dangers of distracted driving and promoting safe driving habits can help legislatures to understand the importance of this issue and the need to pass a comprehensive cell phone ban while driving.
Understanding the Issue
It is important to understand the root causes of cell phone use while driving. Although people know it is dangerous, why do they continue to do it?
Increased awareness can help foster a culture of responsibility and accountability among drivers, encouraging them to prioritize safety and avoid risky behaviors on the road.
Young Drivers are the Most at Risk
Cell phone use while driving poses particularly grave dangers for young drivers, who are already more prone to risky behaviors behind the wheel.
Young Drivers Desire to Stay Connected
Younger drivers, particularly teenagers and those in their early twenties, often have less experience behind the wheel compared to older, more seasoned drivers. As a result, they may have a harder time managing distractions, such as cell phones, while driving. Younger drivers may feel pressure to stay connected with their friends and social networks, even while driving. The desire to respond to messages or calls from peers can lead to increased cell phone use behind the wheel, with drivers under 25 found to be almost 3x more likely than older drivers to send text messages while driving.
Young Drivers Do Not Fully Understand the Consequences
Younger drivers may not fully grasp the potential consequences of distracted driving, including the increased risk of accidents, injuries, and fatalities. Without a deep understanding of the dangers involved, they may be more likely to engage in risky behaviors like cell phone use while driving. For example, a distracted driving survey demonstrated that 1/3 of drivers 18-24 years old surveyed believed that they could take their eyes off the road for up to 10 seconds before they considered their driving to be “dangerous.”
Young Drivers Are More Likely to Cause a Wreck Due to Cell Phone Use while Driving
However, the consequences of distracted driving can be devastating, with studies showing that young drivers are overrepresented in accidents caused by cell phone use, with 271 teen drivers in 2021 being involved in a fatal crash due to distracted driving. From delayed reaction times to impaired judgment and decreased situational awareness, the distractions of cell phones significantly increase the risk of accidents for young drivers, jeopardizing not only their own safety but also that of passengers and other road users. It is crucial that young drivers be educated about the dangers of cell phone use while driving to promote responsible and attentive driving habits from an early age.
Hands-free Devices Offer No Safety Benefits
Contrary to popular belief, hands-free devices are not necessarily safer than handheld devices when it comes to reducing the risk of distracted driving. While hands-free devices allow drivers to keep their hands on the wheel and their eyes on the road, they still pose significant cognitive distractions that can impair driving performance. Research indicates that both handheld and hands-free cell phones contribute to similar levels of impairment in driving performance, with drivers using hands-free phones missing up to 50% of their driving environment. While the physical act of holding a phone may be eliminated with hands-free devices, cognitive distraction remains, which is less obvious than visual or mechanical distractions but equally dangerous.
Hands-Free Devices Result in Cognitive Distraction
Hands-free devices require drivers to mentally process and respond to verbal commands, which can compete for cognitive resources needed for safe driving. Even simple tasks like voice-activated dialing or navigating can occupy the driver’s attention and impair their ability to react to changing road conditions. Engaging in conversation, whether through a handheld or hands-free device, diverts the driver’s attention from the road, leading to slower reaction times, impaired judgment, and decreased situational awareness. To reduce the risk of distracted driving accidents, it’s essential for drivers to minimize phone use altogether and focus on the task of driving without distractions.
Multi-tasking is a Myth
While many people believe they can effectively split their attention between typing out a message and operating a vehicle, research consistently demonstrates that the human brain is not designed to perform multiple complex tasks simultaneously. Instead, it rapidly switches attention between tasks, resulting in divided focus and compromised performance in both activities. Texting demands attention which competes with the attention needed to practice safe driving, including observing traffic signals, anticipating other drivers’ behaviors, and making split-second decisions.
Task Switching
Engaging in texting while driving essentially forces the brain to rapidly switch between tasks, leading to a phenomenon known as task-switching, which decreases driver performance and increases the likelihood of errors. Research has consistently shown that engaging in texting while driving significantly impairs reaction times and increases the risk of accidents. Attempting to multitask by texting and driving not only poses a danger to oneself but also to passengers and other road users, highlighting the fallacy of multitasking behind the wheel.
Inattention Blindness
Inattention blindness while driving occurs when individuals fail to perceive critical visual information due to their attention being diverted elsewhere, like to a cell phone. When a driver engages with their cell phone, whether it’s texting or browsing the internet their focus shifts away from the road. Despite their eyes being open, they effectively become blind to important visual cues, such as pedestrians, road signs, or other vehicles, leading to potentially dangerous situations. This cognitive distraction can significantly impair a driver’s ability to react promptly to hazards, increasing the risk of accidents.
Cell Phone Use on the Road Results in Slowed Reaction Time
A University of Utah study found that when drivers use cell phones on the road, their reaction time is more impaired than drivers with a blood alcohol concentration of .08, the legal point of intoxication. When a driver’s attention is on their phone, it takes longer for them to switch their attention back to the road. Inattention blindness causes drivers to believe that they are paying attention to the road when really, they’re focused on their phone making it easy for drivers to shift out of their lane and not realize it.
Drivers Think They are Safer Drivers than Others
Despite widespread support for legislation prohibiting cell phone use while driving, many drivers continue to engage in this dangerous behavior while behind the wheel. Recent surveys have indicated that 2/3 of drivers have used a handheld device while driving in the last 30 days. Despite evidence demonstrating the detrimental effects on attention and reaction time, individuals tend to overestimate their own abilities to multitask while driving. Studies reveal that drivers often underestimate their crash risk and perceive themselves as safer than others, even talking on the phone. Most drivers tend to believe they have better and safer driving abilities than others on the road, causing themselves to become blind to their own dangerous behaviors while driving. This disconnect between a driver’s perception of their own driving abilities and reality emphasizes the need for comprehensive education and enforcement strategies to effectively address the dangers of distracted driving.
Solutions
It is important to be educated on possible solutions to help stop cell phone use while driving because distracted driving poses a significant threat to road safety for everyone, especially for parents who have new teen drivers. By raising awareness about effective solutions, such new technologies, driver education programs, and enforcement of distracted driving laws, we can help these solutions gain popularity and be used more often, helping to keep everyone safe.
New Technologies
In the race to stop cell phone use on the road, two new technologies are gaining popularity, especially for parents seeking to safeguard their teen drivers on the road: cellphone blocking technology and driver monitoring systems.
Cell Phone Blocking Technology
Parents can use cell phone blocking apps and driver monitoring systems to enforce responsible behavior behind the wheel, ensuring that their teen drivers remain focused on the road. By automatically blocking incoming calls, texts, and other notifications while the vehicle is in motion, cell phone blocking apps help to eliminate one of the most significant sources of distraction for young drivers.
Driver Monitoring Systems
Moreover, driver monitoring systems use cameras and AI to detect risky habits or behaviors exhibited by teen drivers along with providing real-time feedback on driving behavior. Parents will also get notifications when their teens use cell phones while driving, which helps to instill accountability and reinforce safe driving habits. By leveraging these advanced tools, parents can instill responsible driving habits in their teen drivers, ultimately promoting safer roadways for all motorists.
High Visibility Enforcement
A high visibility enforcement campaign is a coordinated effort by law enforcement agencies to increase the presence of police officers and enforcement activities in specific areas or during targeted time periods.
Deterring Unsafe Behaviors on the Road
The goal of these campaigns is to deter unsafe behaviors, such as distracted driving and cell phone use while driving, by making law enforcement efforts more visible and apparent to the public. The heightened visibility of law enforcement presence serves as a deterrent to risky behaviors and sends a strong message about the importance of not using cell phones while driving. To ensure the success of these campaigns, police officers undergo specialized training to effectively detect instances of phone use while driving, enhancing enforcement capabilities, and promoting adherence to distracted driving laws.
Using Publicity to Spread a Message
Additionally, these campaigns may be accompanied by public awareness and education efforts to reinforce safe driving behaviors and encourage voluntary compliance with traffic regulations. These campaigns often use catchy slogans like “Phone in One Hand, Ticket in the Other” to capture the attention of drivers and emphasize the consequences of their actions. Furthermore, law enforcement agencies publicize these campaigns through various media channels, amplifying their reach and impact.
Studies have demonstrated the effectiveness of high visibility enforcement campaigns, with 57 percent reductions in handheld cell phone use observed following enforcement efforts in Syracuse, New York. High visibility enforcement campaigns play a crucial role in raising awareness, changing behavior, and ultimately improving road safety by combatting the dangers of cell phone use while driving.
Educational Campaigns
Educational campaigns play a pivotal role in curbing cell phone usage on the road by fostering awareness and understanding of the dangers associated with distracted driving. Through initiatives such as adding signs on popular highways emphasizing the dangers of cell phone use on the road, along with adding questions about distracted driving into driver education materials, states aim to instill responsible behavior among motorists. These educational efforts not only underscore the importance of following laws prohibiting cell phone use while driving but also emphasize the potentially life-threatening consequences of distractions behind the wheel. Moreover, state sponsored events featuring speakers and informational materials help to “drive home” the message of road safety.
Texting and Driving Simulators
Another powerful tool that serves to educate the public about the dangers of cell phone use on the road is a texting and driving simulator. Texting and driving simulators are interactive tools designed to simulate the experience of driving while texting, allowing users to experience firsthand the dangers and consequences of distracted driving. These simulators typically consist of a driving console equipped with a steering wheel, pedals, and a screen that displays a virtual driving environment. As users navigate the simulated road, they encounter scenarios where they must respond to text messages or notifications while maintaining control of the vehicle. The simulator provides immediate feedback on the user’s performance, highlighting the dangers of distracted driving by simulating the consequences of accidents or near misses.
By immersing users in a realistic driving experience, texting and driving simulators help teens and other community members understand the potentially life-threatening risks associated with distracted driving, encouraging them to prioritize safety behind the wheel. Texting and driving simulators offer a safe and fun way for community members to understand the risks of texting and driving along with leaving participants with an experience that they will remember the next time they reach to their phone to text and drive.
Craig, Kelley & Faultless Donates Texting and Driving Simulators
Along with sponsoring events for our local communities, Craig, Kelley & Faultless donated two texting and driving simulators to two local fire departments so that they can host their own community safety events to raise awareness of the dangers of texting and driving. Also, the firm hands out “Don’t Text and Drive” t-shirts at local communities’ safety day events. Safety day events can be a great opportunity to educate the public about safe driving practices and the importance of avoiding cell phone use on the road.
Most people who use our simulator machines believe that they can text or use cell phones while driving. The reason is because they are already doing that. However, the only reason they haven’t been in a wreck yet is because no one has stopped in or crossed their path. They have been lucky. The simulator machines show what happens when faced with slow or stopped traffic or other adverse situations.
Can I recover my medical expenses and other damages from injuries I suffered in an accident caused by someone driving while using their cell phone?
Yes,
- You can make a claim against someone who caused an accident because they were on their cell phone.
- If you have been injured by someone driving and on a cell phone, you should hire an experienced personal injury attorney as soon as possible so they can preserve the evidence from the cell phone.
- If you are injured by someone distracted because of a cell phone you are entitled to recover the medical expenses, lost wages, pain, suffering, and other damages.
About the Author
David W. Craig is a board-certified truck accident lawyer and managing partner as well as one of the founding partners of the law firm of Craig, Kelley & Faultless LLC. He is also recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help victims and their families as they navigate through a terrible situation and answers the host of questions that come after a tragic wreck. He is also the host of the podcast, After the Crash where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol on roads regarding speed, weather conditions, maintenance upkeep, etc.
About Craig, Kelley & Faultless
Craig, Kelley & Faultless LLC was established in 1999 to help injured people and their families recover from the physical, emotional, and financial challenges posed by catastrophic injuries or the death of a loved one. Our nationally recognized attorneys represent injured victims of trucking and commercial vehicle wrecks. Craig, Kelley & Faultless is headquartered in Indianapolis and has offices in Indiana and an office in St. Louis. We have attorneys licensed in Indiana, Illinois, Missouri, Kentucky, and Ohio.
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