Cell Phone Driving Laws

According to research published in 2005 by the British Medical Journal, those who talk on a cell phone while driving are four times as likely to get in a car accident as those who do not talk on the phone while driving. These findings are not new or surprising. In fact, studies as early as 1997 have indicated that cell phone usage distracts drivers and can even reduce reaction time (Accident Analysis & Prevention). Using research like this, several states have made talking on hand-held cell phones illegal while driving, including California, Connecticut, New Jersey, New York, Washington and Washington, DC.

In addition to states that have laws against using cell phones while driving, many states have chosen to limit the use of cell phones while driving and/or leave it up to local jurisdictions to determine their own laws related to driving and talking on a cell phone. This can get confusing for an increasingly transient United States culture.

Regardless of how confident you feel in your ability to talk on the phone and drive, it is important to be aware of the law where you are driving. Ignorance of the law is no excuse for breaking it, so check out the state’s Department of Motor Vehicles Web site before driving through a new place. Below are some general things you should be aware of when driving:

Novice drivers may have stricter cell phone regulations

Some states or local jurisdictions expressly prohibit novice drivers from talking on a cell phone while driving. Novice drivers are those with learner’s permits and restricted driving privileges.

Texting may be prohibited

In states like Alaska, California, Connecticut, Louisiana, Minnesota, and New Jersey texting while driving is against the law.

Certain occupational drivers may not be allowed to use cell phones while driving

In places where cell phone use is not strictly prohibited people, like school bus drivers, may be prohibited from talking on their cell phones while driving.

You may be ticketed

Depending on the jurisdiction, you may be ticketed for using a cell phone without committing any other traffic offense.

It may impact the amount of damages you are eligible to receive in a lawsuit

You may receive less in damages if you were talking on a cell phone, even if you didn’t cause the accident. This is particularly true in states with comparative fault liability (see Understanding Comparative (Fault) Negligence Liability).

You may be held responsible for the accident

If the person responsible for an accident is in question, you may be held liable if you were talking on the phone at the time of the accident.

The best way to protect yourself from cell phone related accidents and offenses is to not talk on the phone while you are driving. If you feel you must take a call, be sure to do so safely (see Reducing the Risk of Cell Phone Related Car Accidents). Also, keep in mind that hands-free devices are currently legal throughout the United States.

Staying off the phone or using a hands-free device can not only help you avoid messy legal matters, but help you avoid tragic mistakes. If you or a loved one is facing legal issues for a cell phone related traffic accident, be sure to get experienced legal representation. An attorney who understands cell phone laws should be able to help you understand your rights and provide you with the advice you need to make informed decisions.