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.
I have a new and innovative idea for STOPPING the use of Cell Phones and Texting while driving.
I need to contact my state’s legislators that supported or sponsored the passing of that bill in our state? I am in the state of Connecticut — CAN YOU HELP ME FIND THE APPROPRIATE PEOPLE?????
Thank you.
Wendy, have a look at this page: http://www.alllaw.com/state_resources/connecticut/
It has links to Connecticut State Government and Congress.
Im trying to come up with a speech on this topic and am working on it vigourusly. is their any chance you might be able to provide me with more information, such as statistics and others? I my self was almost in one such accident and i feel like this needs to be delt with.
very much appreciated
Sean,
The Insurance Information Institute (http://www.iii.org/media/hottopics/insurance/cellphones/) sites some stats.
You can also check out the National Highway Traffic Safety Administration’s Web site (http://www.nhtsa.dot.gov/people/injury/research/wireless/ ….this study is old (1997)…but it’s something….also, http://www.nhtsa.dot.gov/portal/site/nhtsa/template.MAXIMIZE/menuitem.54757ba83ef160af9a7ccf10dba046a0/?javax.portlet.tpst=4670b93a0b088a006bc1d6b760008a0c_ws_MX&javax.portlet.prp_4670b93a0b088a006bc1d6b760008a0c_viewID=detail_view&itemID=d01bab6383f62010VgnVCM1000002c567798RCRD&overrideViewName=Article ….this site is a little more relevant offering questions and answers about driving with cell phones…..also, check http://www-nrd.nhtsa.dot.gov/Pubs/810790.PDF ….this is the most recent study published by NHTSA regarding cell phones and driving ).
You can also check out a University of Utah study on cell phones and driving at http://www.unews.utah.edu/p/?r=062206-1.
This site might also provide you with some useful leads for more info http://www.sciencedaily.com/releases/2008/05/080531084958.htm )
Good luck!
Can you provide an example of cell phone laws regarding “causing an accident while using a cell phone”
You should stick a digg button up so people can submit your posts to digg a lot easier
I think it is stupid to have laws about driving and talking i mean i can understand about texting you can do that later but what if your child was hurt or something im not going to wait till i get to the office to heir about it!!!!
stupid all the way
I was almost just in a very bad accident due to a young girl talking on her cell phone and not seeing me in the left lane as she tried to enter the lane WITHOUT a signal. I am outraged. She was behind me getting off on an exit and as she drove past me I saw her STILL on her cell phone. I was very upset. Is there anything I can do to report this? I wrote down her license plate number, yet doubt I can do anything about it. If you don’t see someone and accidentally almost side-swipe them…then okay…there is a blind spot….but honestly whenever I change lanes I look about 10 times in my mirrors since I’ve almost been side swiped about 50 times in my life. Plus…if you do almost hit someone, have the decency to then get off of your cell phone. I was shaking…apparently she didn’t think it was a big deal driving 70 mph on a bridge with a busy busy highway and almost causing a huge pile up accident. It’s not stupid to have these laws..and talking on the phone should be illegal in MN just like texting is. If there really is an emergency and you need to be talking on your phone, then fine – I’m sure in those cases if you can prove that…then they will consider your state of emergency. STAY OFF YOUR PHONES. I will no longer ever answer my phone or call someone ever again while driving because of what just almost happened. Idiots. Oh…and then when I looked over at her as she almost hit me..she slowed down and looked the other way to avoid me. Yeh…that’s right idiot….and then on the exit when I saw her on her phone still…she gave me the look that said “what the hell are you looking at”…..ugh…..I hope she learns a lesson somehow.
Stay off cell phones while driving, if there is an emergancy or you suspect the caller might have an emergancy, pull off the road for a minute to take your call and keep those around you safer.