Texting on the Road Rebounds Despite California Criminal Ban
A recent survey by the Automobile Club of Southern California reveals that the state law that bans texting while driving is having little effect. Comparing data from before and after January 2009, when enforcement of the anti-texting law began, the survey found that texting behind the wheel has quickly returned to nearly the level that existed before the bans. "People are becoming aware that there isn't much enforcement," Auto Club senior researcher Steven Bloch told the Los Angeles Times. "The punishments need to change."
The Auto Club based its findings on traffic surveys conducted before and after the practice became illegal in California. Prior to the ban on texting, 1.4% of vehicles were driven by people who were texting. Several months after enforcement began, only 0.5% of motorists were driving distracted because of texting. But when the Auto Club again collected data in late March and early April of 2010, the rate had increased to 1.1%. The survey tallied 4,000 vehicles in various Orange County locations.
A Deadly Everyday Habit
It comes as no surprise that using cell phones for texting while driving increases the risk of car accidents and truck accidents - the surprising thing is that not all states have made it illegal. The National Highway Traffic Safety Administration (NHTSA) reports that nearly 6,000 people died in 2008 in crashes caused by distracted driving, which it defines as "anything that takes your eyes off the road, your hands off the steering wheel, or interrupts your concentration while driving."
California is one of only seven states that prohibit handheld cell phone use by every driver, according to the Governors Highway Safety Association. California law also bans texting by all drivers, as well as banning hands-free phone use by school bus drivers and novice drivers.
Since the texting ban went into effect, enforcement by the California Highway Patrol has averaged over 11,000 monthly citations for handheld cell phone use, but a mere 150 citations per month for texting. Why the difference? Handheld phone use is easily detected, but drivers who are texting may be operating devices out of sight.
Not included in the 6,000 tragic deaths reported by NHTSA are the many serious injuries to motorists and passengers who suffer broken bones, spinal damage, traumatic brain injury or paralysis due to a distracted driver's negligence. If an injured person pursues civil damages in a motor vehicle accident lawsuit, evidence that the other driver violated traffic laws is a strong indicator of liability. And despite the need for increased enforcement, harsh penalties await those who text and cause accidents. A Costa Mesa driver was recently sentenced to a prison term of four years for killing a pedestrian while using a portable device to send and receive text messages.
A Deadly Upward Trend
Obviously, the public has not responded to the ban as legislators hoped, and a host of related distracted driving issues have drawn the attention of national efforts to reduce hazards. Electronic devices (including MP3 players and GPS receivers) are a major part of the problem - NHTSA estimates that over 800,000 vehicles are being driven by someone holding a cell phone at a given moment of every day in the U.S.
But other distractions pose similar risks, including riding with pets, eating or drinking, and young drivers accompanied by young passengers. The U.S. Department of Transportation has launched a national "Put It Down" campaign to make drivers aware that they can't do two things at once, and remind them of their personal responsibility to pay close attention to the road. Another key reminder: new laws and heightened enforcement will bring real consequences to distracted drivers. Other high profile advocates for increased safety include recent efforts by "The Oprah Winfrey Show."
Yet any increase in awareness will come too late for those who have lost a loved one in a fatal accident, or suffered a personal injury after an inattentive train engineer, bus driver or fellow motorist caused a sudden and tragic crash. The long road to recovery for a bereft family or serious injury victim will likely require a detailed review of their legal options and the dedicated assistance of an experienced lawyer who understands their unique needs. Meanwhile, concerted efforts to inspire common sense in drivers will hopefully lead to more aggressive enforcement and effective consequences.
