JUNE 2008
In the United States over 260
million people subscribed to
such wireless communication
devices as cellphones as of June
2008, compared with
approximately 4.3 million in
1990, according to the Cellular
Telecommunications & Internet
Association.
Increased reliance on cellphones
has led to a rise in the number
of people who use the devices
while driving. There are two
dangers associated with driving
and cellphone use, including
text messaging. First, drivers
must take their eyes off the
road while dialing. Second,
people can become so absorbed in
their conversations that their
ability to concentrate on the
act of driving is severely
impaired, jeopardizing the
safety of vehicle occupants and
pedestrians. Since the first law
was passed in New York in 2001
banning hand-held cellphone use
while driving, there has been
debate as to the exact nature
and degree of hazard. The latest
research shows that while using
a cellphone when driving may not
be the most dangerous
distraction, because it is so
prevalent it is by far the most
common cause of this type of
crash and near crash.
RECENT DEVELOPMENTS
* Studies: Studies about
cellphone use while driving have
focused on several different
aspects of the problem. Some
have looked at its prevalence as
the leading cause of driver
distraction. Others have looked
at the different risks
associated with hand-held and
hands-free devices. Still others
have focused on the seriousness
of injuries in crashes involving
cellphone users and the
demographics of drivers who use
cellphones. Below is a summary
of some recent research on the
issue.
* In May 2008 the Public Policy
Institute of California released
a study, “What to Expect from
California’s New Hands-Free
Law,” which looks at the
potential effect of a new state
law prohibiting drivers from
using hand-held cellphones.
Based on the experience of the
three states (New York, New
Jersey, Connecticut) and
Washington, D.C., where similar
laws are already in effect,
researchers concluded that the
ban will reduce traffic deaths
by about 300 a year, but only in
adverse conditions, such as on
wet or icy roads. The analysis
also found that because of the
relatively modest penalties for
using hand-held phones, and no
prohibition against dialing and
texting, even strict enforcement
of the law might not discourage
drivers from using their
cellphones while driving.
* In July 2007 the National
Highway Traffic Safety
Administration and the National
Center for Statistics and
Analysis released the results of
their National Occupant
Protection Use Survey (NOPUS),
which found that in 2006 5
percent of drivers used
hand-held cellphones, down from
6 percent in 2005, the first
decline since the survey began
tracking hand-held cellphone use
in 2000. The decline in use
occurred in a number of driver
categories, including female
drivers (down from 8 to 6
percent), drivers in the Midwest
(down from 8 to 4 percent),
drivers age 25 to 69 (down from
6 to 4 percent) and drivers of
passenger cars (down from 6 to 4
percent) to name but a few.
NOPUS is a probability-based
observational survey. Data on
driver cellphone use were
collected at random stop signs
or stoplights only while
vehicles were stopped and only
during daylight hours.
* A survey of dangerous driver
behavior was released in January
2007 by Nationwide Mutual
Insurance Co. The survey of
1,200 drivers found that 73
percent talk on cellphones while
driving. Cellphone use was
highest among young drivers.
* Text messaging, or “texting”
by teens, a driving distraction
related to cellphone use, was
the subject of an August 2006
Teens Today survey conducted by
the Liberty Mutual Research
Institute for Safety and
Students Against Destructive
Decisions (SADD). The survey
showed that teens considered
sending text messages via
cellphones to be their biggest
distraction. Of the teens
surveyed, 37 percent said that
text messaging was extremely or
very distracting, while 20
percent said that they were
distracted by their emotional
states and 19 percent said that
having friends in the car was
distracting. The January 2007
survey by Nationwide found that
19 percent of motorists say they
text message while driving.
* Motorists who use cellphones
while driving are four times as
likely to get into crashes
serious enough to injure
themselves, according to a study
of drivers in Perth, Australia,
conducted by the Insurance
Institute for Highway Safety.
The results, published in July
2005,
suggest
that banning hand-held phone
use will not necessarily improve
safety if drivers simply switch
to hand-free phones. The study
found that injury crash risk
didn't vary with type of phone.
* Many studies have shown that
using hand-held cellphones while
driving can constitute a
hazardous distraction. However,
the theory that hands-free sets
are safer has been challenged by
the findings of several studies.
A study from researchers at the
University of Utah, published in
the summer 2006 issue of Human
Factors, the quarterly journal
of the Human Factors and
Ergonomics Society, concludes
that talking on a cellphone
while driving is as dangerous as
driving drunk, even if the phone
is a hands-free model. An
earlier study by researchers at
the university found that
motorists who talked on
hands-free cellphones were 18
percent slower in braking and
took 17 percent longer to regain
the speed they lost when they
braked.
* A September 2004 study from
the NHTSA found that drivers
using hand-free cellphones had
to redial calls 40 percent of
the time, compared with 18
percent for drivers using
hand-held sets, suggesting that
hands-free sets may provide
drivers with a false sense of
ease.
* A study released in April 2006
found that almost 80 percent of
crashes and 65 percent of
near-crashes involved some form
of driver inattention within
three seconds of the event. The
study, The 100-Car Naturalistic
Driving Study, conducted by the
Virginia Tech Transportation
Institute and the National
Highway Traffic Safety
Administration (NHTSA), breaks
new ground. (Earlier research
found that driver inattention
was responsible for 25 to 30
percent of crashes.) The new
study found that the most common
distraction is the use of
cellphones,
followed by drowsiness. However,
cellphone use is far less likely
to be the cause of a crash or
near-miss than other
distractions, according to the
study. For example, while
reaching for a moving object
such as a falling cup increased
the risk of a crash or
near-crash by nine times,
talking or listening on a
hand-held cellphone only
increased the risk by 1.3 times.
The study tracked the behavior
of the 241 drivers of 100
vehicles for more than one year.
The drivers were involved in 82
crashes, 761 near-crashes and
8,295 critical incidents.
* These findings confirm an
August 2003 report from the AAA
Foundation for Traffic Safety
that concluded that drivers are
far less distracted by their
cellphones than by other common
activities, such as reaching for
items on the seat or glove
compartment or talking to
passengers. That study was based
on the analysis of videotapes
from cameras installed in the
vehicles of 70 drivers in North
Carolina and Pennsylvania.
* State and Federal Initiatives:
The number of state legislatures
debating measures that address
the problem of cellphone use
while driving and other driver
distractions continues to rise.
As of March 2008 four states --
Connecticut, New Jersey, New
York and Utah -- plus the
District of Columbia had laws on
the books banning the use of
hand-held cellphones while
driving. Similar laws in
California and Washington State
go into effect in July 2008.
Except for Utah and Washington
State, the laws are all "primary
enforcement," meaning a
motorist may be ticketed for
using a hand-held cellphone
while driving without any other
traffic offense taking place.
* About 17 states have passed
laws banning or restricting
young drivers from using
cellphones. The most recent
state to enact such legislation
is California. But the
California law goes farther than
any other state's. It bans the
use of any mobile device by
drivers under age 18. This
includes a cellphone, a
broadband personal communication
device, specialized mobile radio
device, handheld device or
laptop computer.
* In May 2007 Washington become
the first state to ban the
practice of texting with a
cellphone while driving; New
Jersey passed a similar law that
took effect on March 1, 2008. In
Washington, the fine for DWT
(driving while texting) is set
at $101, but since it is a
secondary offense a driver must
be pulled over for some more
grievous infraction before the
penalty can be imposed. In New
Jersey the fine for DWT is $100,
but the state has made the
offense one of primary
enforcement (see above). In
Connecticut drivers can be fined
$100 not only for using a
cellphone, but those pulled over
for speeding or other moving
violations can be fined for
other driving distractions such
as putting on makeup or turning
to discipline children in the
back seat. In New York, the
first state to enact such
legislation, in 2001, drivers
face fines of $100 for the first
violation, $200 for the second
and $500 thereafter.
* Businesses: Businesses are
increasingly prohibiting workers
from using cellphones while
driving to conduct business.
Exxon Mobil and Shell are
examples of large companies that
ban employees' use of any type
of cellphone while driving
during work hours. The
California Association of
Employers recommends that
employers develop a cellphone
policy that requires employees
to pull off the road before
conducting business by cellphone.
* Court Decisions: In December
2007 International Paper Co.
agreed to pay a $5.2 million
settlement to a Georgia woman
who was rear-ended by one of its
employees. The employee was
driving a company car and
talking on a company cellphone
at the time of the accident. The
settlement was reached even
though the employee had violated
her company’s policy of
requiring the use of hands-free
headsets while driving. The suit
is among the most recent of
several cases where an employer
has been held liable for an
accident caused by a driver
using a cellphone. (See
background section on Employer
and Manufacturer Liability.)
BACKGROUND
Cellphones play an integral role
in our society. However, the
convenience they offer must be
judged against the hazards they
pose. Inattentive driving
accounted for 6.4 percent of
crash fatalities in 2003—the
latest data available—according
to the U.S. Department of
Transportation. Inattentive
driving includes talking,
eating, putting on make up and
attending to children. Using
cellphones and other wireless or
electronic units are also
considered distractions.
As many as 40 countries may
restrict or prohibit the use of
cellphones while driving.
Countries reported to have laws
related to cellphone use include
Australia, Austria, Belgium,
Brazil, Botswana, Chile, the
Czech Republic, Denmark, Egypt,
Finland, France, Germany,
Greece, Hungary, India, Ireland,
Israel, Italy, Japan, Jordan,
Kenya, Malaysia, the
Netherlands, Norway, the
Philippines, Poland, Portugal,
Romania, Russia, Singapore, the
Slovak Republic, Slovenia, South
Africa, South Korea, Spain,
Sweden, Switzerland, Taiwan,
Turkey, Turkmenistan, the United
Kingdom and Zimbabwe. Most
countries prohibit the use of
hand-held phones while driving.
Supporters of restrictions on
driving while using a cellphone
say that the distractions
associated with cellphone use
while driving are far greater
than other distractions.
Conversations using a cellphone
demand greater continuous
concentration, which diverts the
driver’s eyes from the road and
his mind from driving. Opponents
of cellphone restrictions say
drivers should be educated about
the effects of all driver
distractions. They also say that
existing laws that regulate
driving should be more strictly
enforced.
Employer and Manufacturer
Liability: Although only a
handful of high-profile cases
have gone to court, employers
are still concerned that they
might be held liable for
accidents caused by their
employees while driving and
conducting work-related
conversations on cellphones.
Under the doctrine of vicarious
responsibility, employers may be
held legally accountable for the
negligent acts of employees
committed in the course of
employment. Employers may also
be found negligent if they fail
to put in place a policy for the
safe use of cellphones. In
response, many companies have
established cellphone usage
policies. Some allow employees
to conduct business over the
phone as long as they pull over
to the side of the road or into
a parking lot. Others have
completely banned the use of all
wireless devices.
In an article published in the
June 2003 edition of the North
Dakota Law Review, attorney
Jordan Michael proposed a theory
of cellphone manufacturer
liability for auto accidents if
they fail to warn users of the
dangers of driving and talking
on the phone at the same time.
The theory holds that maker
liability would be similar to
the liability of employers who
encourage or demand cellphone
use on the road. Holding
manufacturers liable would cover
all persons who drive and use
cellphones for personal calls.
Michael notes that some car
rental agencies have already
placed warnings on embedded
cellphones in their cars. |