Cell Phone Use While Driving

In a recent discussion, several lawyers thought that a jury would react more harshly to a driver talking on a cell phone while getting into an accident than a drunk driver. It’s a conscious choice to talk on the phone in a traffic situation and I think that most people can relate to that.

Thomas Creech gave an excellent list of articles to research on cell phone use and the increased risk of collisions.

  1. Association Between Cellular Telephone Calls and Motor Vehicle Collision. D.A. Redelmier and R.J. Tibshrani. NEJM February 14, 1997 pp 453-8
  2. Cautions about Car Telephones and Collision. Editorial M. Maclure and M.A. Mittleman NEJM February 14, 1997 pp 506-7
  3. Cellular Telephones and Traffic Accidents Correspondence NEJM July 16, 1997, pp 127-9
  4. Study Analyzes Cell Phone Use in Fatal Collision. Highway and Vehicle/Safety Report August 3, 1998 p. 4
  5. Cellular Telephone Use and Fatal Traffic Collision: A commentary, D.J. Cher, R.J. Mrad and M. Kelsh. Accident Analysis and Prevention, 31(5) 1999, p. 599
  6. Driver Distraction with Wireless Telecommunication and Route Guidance Systems. L Tijerina, NHTSA, July 2000, 94p
  7. In-vehicle cell phones: fatal distraction? D. Curry. Professional Safety, Vol. 47, No.3, March 2002, pp 28-33
  8. Cell Phones and driving: how risky? D Ropeik. Consumers Research Magazine, Vol 86, No.1 January 2003, pp 14-16.

I have switched to a hands-free system and don’t use the phone in heavy traffic. Thanks for the references Tom, those will be great to look up.

 
Written By:Ron Miller On October 22, 2008 3:13 PM

There is a lot of data that suggests that hands free is not really the solution - it is the distraction itself that increases the risk.

Of course, the reality is that cell phone use or drunk driving rarely comes into evidence unless it is a dispute over liability.

Written By:Nick On November 6, 2008 2:14 AM

I think that the license driving test should be much harder. I remember passing the test without really knowing how to drive.

Written By:maryland criminal lawyer On November 17, 2008 10:35 PM

i surely hope people wouldnt react harsher towards cell phone users than drunk drivers. drunk drivers are more accident-prone. besides, is there anyone out there that hasnt talked on the phone while driving?
-jack

Written By:Mike On December 7, 2008 11:27 PM

It's a bunch of crap in my opinion. Give me a a fifth of vodka and a cell phone and I will get you where ever you need to go. What's up with the no posting?

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