More cell phone accidents than we thought

May 31, 2013 (Press-News.org) A change may be coming to Louisiana's laws concerning cell phone use by drivers. State law already bans texting while driving, but the capabilities of smart phones allow other uses of these devices that could be distracting to drivers. A loophole in current law exists, say lawmakers.

Accordingly, the state legislature is working on a bill that would forbid drivers to interact with social media sites, whether posting, reading or otherwise accessing sites like Facebook and Twitter. The proposed change comes at a time when research suggests that cell phone use is far more commonly involved in deadly car accidents than has been reported.

Latest research

Researchers with the National Safety Council recently analyzed data collected in 180 fatal accidents around the nation that happened from 2009 to 2011. In all of these accidents there was substantial evidence indicating that a driver was using a cell phone. In half of these cases, the officers who provided accident data to the National Highway Traffic Safety Administration failed to include any mention that a cell phone was involved.

In the NHTSA database, 32,000 traffic fatalities are recorded for 2011, but cell phones are implicated in only 385 of these deaths. The president of the NSC stated that researchers are certain that cell phone use was underreported. Even when an examination of the accident records revealed that a driver admitted using a cell phone at the time of the crash, officers did not include that information in half of their reports to the NHTSA.

As a further indication that the reports are inaccurate, there was wildly inconsistent reporting of cell phone use in accident reports from different states. In 2011 NHTSA database entries from California, the most populous state, only 22 accidents were reported with cell phone use as a cause. However, in much smaller Tennessee, 93 fatal cell phone accidents were reported in 2011. New York, three times the size of Tennessee, reported just one accident in 2011 attributed to cell phone use.

Inaccuracies

One reason for failure to report cell phone involvement in accidents may be reluctance on the part of police to subpoena records from the cell phone companies to determine whether a driver was on the phone. Reports also may be incomplete because no one involved in an accident thinks to mention that a cell phone was in use, and officers often don't ask.

A way to encourage accurate reporting of cell phone use is to use a standardized form for accident data reporting that includes a question asking whether the driver was using a cell phone, with boxes to check off the response. Officers would then have to go after the information and it would be passed along to the NHTSA database.

Better information

Comprehensive, consistent gathering of data will allow for accurate reports that show the true scope of safety issues. A better data set will provide the NHTSA with ammunition in the fight against distracted driving.

If the proposed law is passed in Louisiana, violators may be deterred by the fines imposed under the law, charging up to $175 for the first offense and as much as $500 for subsequent violations.

Distracted driving is irresponsible, and a distracted driver's negligence may be to blame for injuries in resulting accidents. Anyone injured in a distracted driving accident will benefit from consulting with an attorney, who can investigate the facts and build a case supporting a claim for damages. An injured person may be able to receive payment covering medical expenses and lost wages, along with compensation for pain and suffering.

Article provided by Bohrer Law Firm, LLC
Visit us at www.bohrerlaw.com