By:  LINDSEY O’NEILL, ESQ.

Texting while driving has been a hot topic for some time now.    Distracted driving, such as texting while driving, can cause serious, even fatal, accidents.  Some reports even indicate that cell phone/texting while driving is more dangerous than being under the influence of alcohol or drugs while driving.  Still, it can be a challenge to change behaviors…. especially since our cell phones are practically glued to our hands these days. As noted by the National Traffic Highway Safety Administration, there are special reasons why texting-while-driving is so dangerous. The act of composing, sending or reading text messages interrupts drivers’ cognitive attention, causes vision to be directed away from the road, and compromises manual control of the vehicle. 

One day someone said “enough”… and decided that texting-while-driving was too dangerous to be continued… and took a stand to change our collective thinking about it.   It started with just one, or maybe a few people, who started talking about the lives that have been taken or damaged from accidents caused by texting drivers.  Mega media jumped on the band-wagon… perhaps most famously with Oprah’s “No Phone Zone” campaign.  And the public actively joined in the conversation.  All that energy created a domino effect….  including, increasingly, the legal dominos.  

While a number of states have already enacted laws addressing cell phone use and/or texting while driving (Washington State being the first to enact a texting ban in May 2007), many states still have yet to take action. (For your reference, the Governors Highway Safety Association (GHSA) published a State Cell Phone Driving Laws chart on its website.)  To help those remaining states get started on their own laws, the National Highway Traffic Safety Association drafted sample legislation for them to use as a starting point.  Here is a copy of the sample law:

SAMPLE TEXTING WHILE DRIVING LAW

§ 1 Short title

This act may be cited as the [State] Ban on Texting While Driving Law

§ 2 Purpose

The purpose of this subchapter is to:
(1) Improve roadway safety for all vehicle operators, passengers, bicyclists, pedestrians, and other road users;
(2) Prevent crashes related to the act of text messaging while driving a motor vehicle;
(3) Reduce injuries, death, property damage, health care costs, health insurance and automobile insurance rates related to motor vehicle crashes; and
(4) Authorize law enforcement officers to stop vehicles and issue citations to persons texting while driving as a standard offense.

§ 3 Application

Except as provided in Section 4, this subchapter applies to all drivers during operation of a motor vehicle on the travel portion of public streets, roads and highways [Option: States may elect to cover only motor vehicles in motion]. This subchapter amends [insert state code] to make it unlawful to manually type or enter multiple letters, numbers, symbols or other text in a wireless communication device, or send or read data in the device, for the purpose of non-voice interpersonal communication, including texting, emailing and instant messaging.

§ 4 Exemptions

This subchapter does not apply to a driver who is:
(1) A law enforcement, fire service, or emergency medical services professional performing official duties.
(2) Reporting an emergency, or criminal or suspicious activity to law enforcement authorities.
(3) Receiving messages related to the operation or navigation of a motor vehicle; safety-related information including emergency, traffic, or weather alerts; data used primarily by the motor vehicle; or radio.
(4) Using a device or system for navigation purposes.
(5) Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate a feature or function.

§ 5 Penalties

A driver violating this subchapter shall be subject to a penalty of:
(1) For the 1st offense – traffic infraction or violation including a minimum fine of $75 and action against driving privileges.
(2) For a subsequent offense – penalties should escalate in accordance with the State’s motor vehicle and traffic laws.
(3) For any offense that results in a death or serious injury –the infraction should increase to a felony (criminal offense) with penalties consistent with State sentencing guidelines.

If you’ve been in an accident resulting from driver distraction with a cell phone, you have important legal rights to protect and may be entitled to compensation for your injuries if there is a lawsuit.  Contact a personal injury attorney, or an attorney who is experienced in auto accidents or truck accidents to discuss your case.