Hold the Wheel – Not Your Cell Phone!

Cell phones have been commonplace for nearly two decades. They are often helpful. They keep us connected in our work and social lives. They are a gateway to the Internet. But, unfortunately, they also cost thousands of lives and countless injuries – because drivers pay attention to what is on their screen rather than what is going on around them.

The dangers posed by using a cell phone while driving are very real. At least 3,450 people died in car accidents involving distracted drivers in 2016, according to the National Highway Transportation Safety Board. That accounts for almost ten percent of the total number of fatal car crashes in the country. The largest proportion of people killed in distracted driving accidents were young — between 15 and 19 years old. Not surprisingly, it is also that generation that has the most difficulty not paying attention to their hand held devices.

Interestingly where you live affects how many people use cell phones while driving. Many states and cities have passed laws banning either the use of cell phones or specifically texting while driving, requiring drivers to use hands-free cell phone devices while talking if they allow it at all. In a May 2017 study published in the journal BMC Public Health, researchers noted that about half of the more than 263,000 drivers they observed were using cell phones while driving. Fifty percent of motorists! However, when texting bans went into place, use dropped significantly. This is especially in the western states like California, one of the first to ban mobile phone use if not connected to blue tooth. Many of these cell phone laws have direct enforcement provisions. This means that if an officer sees you talking on or using a phone while driving, that alone is enough to pull you over and issue you a citation.

Currently there is not a national ban on cell phone use. However, various states and municipalities have bans that they can enforce like any other traffic offense taking place. According to the National Conference of State Legislatures, no state bans all cell phone use for all drivers, but 15 states as well as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands ban handheld cell phones while driving. Forty-seven states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands ban texting for all drivers. Kansas does not ban handheld cell phone use but bans texting. Missouri only bans texting for drivers 21 years old or younger. The state is currently considering a bill that would completely ban texting and driving, according to a report from the Associated Press. If you would like to see stricter laws against cell phone use in cars, reach out to your local or state legislator.

Educating Young Drivers

All driver education programs in place today contain a series of instruction about cell phone use while driving. Most show videos of people who killed someone or lost someone due to texting while driving. It is imperative that parents join in this educational experience. Set rules for cell phone use while driving. These rules should include a “zero tolerance” provision. In other words, if you catch your child using their phone while driving, eliminate their driving privileges. They have to learn from the time they start driving that phone use and operating a car are mutually exclusive activities. Encourage them to put the phone somewhere they cannot see it while driving – in the back seat, the glove box, or another compartment in the vehicle. This will prevent them from even trying to use the phone while driving. The phone will be available for blue tooth calls and in the event of an emergency, but not for use while on the road.

And, parents must combat this problem by setting a good example. Adults should never use a cell phone to text or search the Internet while driving. This is even more important when children are in the car – to prevent a crash involving a young child, and to avoid setting an example that somehow it is okay to use your phone while driving.

Here are a few ways using a cell phone and driving can cost you.

1. Causing an accident.

Not only is an automobile collision physically painful, causing and accident can have an emotional cost, too. Knowing that your actions led to an avoidable accident can be a heavy burden to bear, especially if one of your passengers or someone in the other car suffers injuries or dies. Show your children videos on the Internet or YouTube that deal with this topic. They are difficult – but important – to see.

People who have unintentionally caused accidents often post on online forum Accidental Impacts, describing sleep problems, feeling numb or disconnected from the world, grief, and other stressful emotions. That stress can actually make it harder to deal with the necessary tasks that follow a car accident, too, according to Northern Illinois University.

Most states assign fault in accidents. If you used a cell phone and that contributed to the crash, not only may you be liable for the other person’s injuries and damages, most states will also allow the victim to claim punitive damages against you. If you don’t carry enough insurance to handle a large claim, the other person may hire an attorney to seek compensation from your personal assets.

2. Tickets.

The National Highway Traffic Safety Administration recently bought almost $5 million in advertisements displayed in both Spanish and English to alert the public as well about the dangers of using your phone while driving. The ads target motorists between 18 and 34 years old, the demographic most likely to die in distracted driving accidents. The agency recommends turning off electronic devices and putting them out of reach, speaking up as a passenger when a driver is using a cell phone, and always wearing a seatbelt. Pedestrians and bicyclists should do the same, according to the press release. Some states like Kansas and Missouri have followed suit and instituted the “Phone Down Buckle Up campaign. You will see that phrase on a variety of traffic signs throughout the states.

3. Driver’s license points.

Depending on the state where you live, regulating agencies can add points to your license if you are caught using a cell phone while driving. Kansas does not use a point system on licenses to track penalties, but Missouri does.

Some states have passed strict policies to curb texting. In New York, if you are caught texting, you will get five points on your license. This makes car insurance far more expensive, and for good reason. After you accumulate eleven points in New York, the state revokes your license. A conviction also comes with a fine of up to $100. If a driver with a learner’s permit is convicted of using a cell phone or texting, the permit is suspended for 120 days upon first violation and complete revocation after a second violation.

Insurance penalties.

If you get a ticket for using your phone while driving, it could result in far higher insurance premiums. When you are found at fault and your insurance company has to pay for medical bills and car repairs, it can seriously increase the cost of your policy and could result in your carrier dropping coverage.

Insurance companies add on an “accident surcharge” after a claim is levied against your insurance. In most states, that’s leveled out across three years and eventually goes away, depending on the cost of the accident, according to Esurance. A ticket for cell phone use contributing to a crash will remain on your record for eternity in the insurance world.

Criminal charges.

Many states will actively pursue convictions for drivers observed texting while driving if it leads to a serious accident. Some states are seeking large penalties, in part to set an example against the practice of using a phone while driving.

In 2012, a Massachusetts teenager was convicted of motor-vehicle homicide after it was found that he was texting moments before an accident that killed another driver, according to an CNN report from the time. A Las Vegas woman is currently being indicted on felony charges for causing a fatal crash while talking on a cell phone, according to ABC News.

The case details and laws vary in each state, but the message is clear: if prosecutors see that a case can be set up against someone who caused a motor vehicle accident while using a cell phone, they will pursue it aggressively.