In the United States over 224 million people used cell
phones as of October 2006, compared with approximately 4.3 million in
1990, according to the Cellular Telecommunications & Internet
Association.
Increased reliance on cell phones
has led to a rise in the number of people who use the devices while
driving. There are two dangers associated with driving and cell-phone
use. 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 cell-phone
use while driving, there has been debate as to the exact nature and
degree of hazard. The latest research shows that while using a cell
phone 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 cell-phone 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
cell-phone users and the demographics of drivers who use cell phones.
Below is a summary of some recent research on the issue.
Text
messaging, or “texting” by teens, a driving distraction related to cell
phone use, was the subject of an August 2006 survey by the Liberty
Mutual Research Institute for Safety. The survey showed that teens
considered sending text messages via cell phones 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.
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 cell phones, followed by drowsiness.
However, cell-phone 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 9 times, talking or
listening on a hand-held cell phone 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 cell phones 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.
In
December 2005 the NHTSA and the National Center for Statistics and
Analysis released the results of their National Occupant Protection Use
Survey (NOPUS), which found that in 2005, 6 percent of drivers used
hand-held cell phones, up from 5 percent in 2004. The survey also found
that the jump was most noticeable among women (up to 8 percent from 6
percent in 2004) and young drivers ages 16 to 24 (up to 10 percent from
8 percent in 2004). The percentage of men using cell phones rose from 4
to 5 percent over the same period. Finally, the survey found that the
number of drivers using headsets rose from 0.4 percent in 2004 to 0.8
percent in 2005. The NOPUS is a probability-based observational survey.
Data on driver cell-phone use were collected at random stop signs or
stoplights only while vehicles were stopped and only during daylight
hours.
Motorists who use cell phones 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 won't
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 cell phones 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 cell phone 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 cell phones 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 cell
phones 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.
State
and Federal Initiatives: In 2006 September California
Gov.Schwarzenegger signed a bill (SB 1613) prohibiting people from
driving while using a hand-held cell phone. When the law goes into
effect in July 2008, California will be the fourth state to have such a
ban. The District of Columbia also has such a law in force.
In October 2005 a Connecticut law banning the use of hand-held cell phones while driving went into effect. The measure goes further than some similar laws in other states and municipalities. Drivers in Connecticut can be fined $100 not only for using a cell phone, 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 January 2004 New Jersey passed a bill prohibiting the use of cell phones while driving and in April of that year the District of Columbia (DC) followed suit. In New Jersey fines range between $100 and $250; in DC fines are $100. New York was the first state to enact such legislation in 2001. Drivers there face fines of $100 for the first violation, $200 for the second and $500 thereafter.
The number of state legislatures
debating measures that address the problem of cell-phone use while
driving and other driver distractions continues to rise. According to
the National Conference of State Legislatures, as of November 2006 14
states had passed laws banning or restricting young drivers from using
cell phones.
In June 2003 federal and state
highway safety agencies issued new guidelines for reporting crashes
caused by distracted drivers. The authorities are asking police across
the nation to note whether a driver was distracted and the source of
the distraction, such as cell phone, radio, passenger, or another
vehicle.
Businesses: Businesses are
increasingly prohibiting workers from using cell phones while driving
to conduct business. In July 2004, the California Association of
Employers recommended that employers develop a cell phone policy that
requires employees to pull off the road before conducting business by
cell phone.
Court Decisions: In December 2004 a
civil case involving a car crash caused by a driver using a cell phone
for business reasons was dismissed when the driver’s employer, Beers
Skanska Inc., agreed to pay the plaintiff $5 million. The plaintiff in
the case being heard in Georgia’s Fulton County Superior Court was
severely injured in the crash. 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 cell phone. See background section on
Employer and Manufacturer Liability.
In
mid-October 2004 in the case of Yoon v. Wagner a Virginia jury awarded
$2 million in damages to the family of a young girl who was killed by a
driver using a cell phone at the time of the accident. The plaintiff
also filed a suit against the driver’s employer after it became clear
through an examination of phone records that the driver had been
talking to a client when she hit the girl.
BACKGROUND
Cell
phones 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 cell phones and other
wireless or electronic units are also considered distractions.
As many as 40 countries may restrict or prohibit the use of cell phones while driving. Countries reported to have laws related to cell phone 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. Drivers in the Czech Republic, France, the Netherlands and the United Kingdom may use cell phones but can be fined if they are involved in crashes while using the phone. Drivers in the United Kingdom and Germany also can lose insurance coverage if they are involved in a crash while talking on the phone.
Supporters of restrictions on driving while using a cell phone say that the distractions associated with cell phone use while driving are far greater than other distractions. Conversations using a cell phone demand greater continuous concentration, which diverts the driver’s eyes from the road and his mind from driving. Opponents of cell phone 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 cell phones. 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 cell phones. In response, many companies have established cell phone 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 cell phone
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 cell phone use on the road. Holding
manufacturers liable would cover all persons who drive and use cell
phones for personal calls. Michael notes that some car rental agencies
have already placed warnings on embedded cell phones in their cars.
© Insurance Information Institute, Inc.
