Could Stricter Cellphone Laws Help Save Texas Lives?

July 01, 2012

Over the past decade, many states have instituted limitations on the extent that drivers can use their cellphones and mobile devices while driving.

Some states, like New York and California, have strict laws that prohibit hand-held cellphone use and texting by all drivers. Other states, including Texas, have little or no restrictions on cellphone use while driving. A look at car crash statistics for these states may indicate that stricter laws targeting distracted driving may help save lives.

Cellphone Bans: A Look at New York and California

New York and California have some of the strictest cellphone laws in the country. Both states prohibit hand-held cellphone use by all drivers. Each also bans texting and reading or sending e-mails while driving. The only way to use a phone while driving in these states is through Bluetooth wireless technology that responds to voice commands.

In both states, these actions are primary offenses. Drivers can be pulled over and cited if a law enforcement officer spots them violating the law.

Additionally, the state of California prohibits all cellphone use--including both hands-free and hand-held use--for school bus drivers and drivers under the age of 18. The complete ban is a primary offense for school bus drivers. For drivers under the age of 18, it is a secondary offense, meaning the driver must be committing another moving violation to be cited for cellphone use.

Do These Stricter Laws Make a Difference?

In California, almost two-thirds of participants in a state traffic safety survey reported that texting and talking on a cellphone are the state's worst traffic safety problems. Local and state police officers have stepped up enforcement of the laws in recent years.

Texting convictions increased 50 percent between 2010 and 2011, from 7,924 in 2010 to nearly 15,000 last year. Hand-held cellphone convictions followed a similar trend, increasing 22 percent from 361,260 to nearly half a million.

While convictions in California continue to rise, drivers are improving their behavior and refraining from smartphone use while driving. There has been a decrease in both self-reporting of texting while driving and hand-held cellphone use while driving by 14.1 percent and 22.2 percent, respectively.

In 2010 in New York, strict laws may contribute to the state's low cellphone accident rate. That year, there were only five accidents caused by texting while driving and 522 accidents caused by hand-held mobile phone use. Only one texting accident and five hand-held accidents were fatal.

How Does Texas Compare?

New York's 2010 accident rates seem miniscule compared to Texas' cellphone accident rates. That same year in the Lone Star state, 46 people lost their lives in cellphone-related crashes and nearly 3,400 accidents were caused by cellphone use.

Texas has some of the most lenient cellphone laws in the country. In Texas, texting while driving and hand-held cellphone use is legal for all drivers except for novice drivers in their first year of licensure and school bus drivers with passengers under the age of 17.

While Texans appreciate the state's culture of individual freedom, the use of electronic devices leads to distraction behind the wheel and puts other drivers and road users in danger. What's more, lack of state cellphone laws also means the state misses out on crucial funding opportunities.

In New York, each cellphone offense results in a fine of $150; in California, the base fine for a first offense is $20 and subsequent offenses are $50. These fines increase when penalties are assessed. These fines add up and contribute funding that can be used to improve infrastructure and other state needs.

If you or a loved one has been injured or killed in an accident caused by driver who appeared to be distracted while talking or texting on a cellphone, please contact an experienced personal injury attorney who can help you understand how to hold the driver accountable for their negligent behavior.

Article provided by Allison & Ward, L.L.P.
Visit us at www.allisonwardllp.com