On July 29, 2009, Senate Democrats introduced legislation that would force states to ban text messaging and emailing while driving. Under the law proposed by Senators Charles E. Schumer (NY), Mary L. Landrieu (LA), Robert Menendez (NJ) and Kay R. Hagan (NC), states that failed to enact text and email bans would forfeit 25 percent of their highway money each year until the funds were completely depleted. Currently, only fourteen states ban texting while driving, and few local police forces even record whether wrecks were caused by texting or emailing.
A. The Dangers of Texting and Emailing While Driving.
The legislation responds to recent findings that demonstrate the risks of texting and emailing while driving. A Virginia Tech Transportation Institute study of more than 100 long-haul truck drivers showed the risk of collision is 23 times greater when a driver is texting or emailing. The study found that drivers typically spend five seconds looking at their communication devices when they text or email and, at typical highway speeds, that is enough time for a vehicle to cover the length of a football field.
Virginia Tech’s findings parallel those of a similar study recently conducted by the University of Utah. The college students who participated in the Utah study showed a crash risk that was eight times greater when texting or emailing. Researchers explained the higher risk rate for truck drivers by pointing to the size, weight and non-maneuverability of their vehicles, plus the increased ability to multi-task generally observed in younger demographics like the college students who participated in the Utah study.
B. Many Drivers Text and Email Despite the Known Risk.
Most drivers believe that texting and emailing while driving is dangerous. A poll of 2,501 drivers conducted by the AAA Foundation for Traffic Safety showed that 87 percent of respondents considered texting a “very serious” safety threat and 95 percent believed the behavior was unacceptable. Yet 21 percent of respondents said they had recently texted or emailed while driving. That percentage was even higher for younger drivers. Almost half of respondents aged 16 to 24 had texted or emailed while driving.
C. Text Messaging Risk Even Greater Than Cell Phone Risk.
The proposed legislation was announced on the heels of allegations that the National Highway Traffic Safety Administration (NHTSA) withheld data on the risks of cell phone usage while driving. According to the New York Times, in 2003, NHTSA researchers recommended a study of 10,000 drivers to assess the safety risks posed by cell phone usage. The study never happened. And the data that prompted the researchers’ recommendation was shelved. Only when two consumer advocacy groups filed a Freedom of Information Act lawsuit did NHTSA publicly release the data.
The NHTSA research shows that cell phone usage caused around 240,000 accidents and 955 fatalities in 2002 alone. Drivers using a hand-held device were 1.3 times more likely to crash or nearly crash, and 3 times more likely when dialing. Stated another way, cell phone users were as likely to crash as someone with a .08 blood alcohol level. And contrary to public opinion, “hands free” laws might not solve the problem. Research shows that the act of talking on a cell phone, not just holding the phone itself, is what distracts drivers from the road.
D. Cell Phone and Text Messaging Usage Could Lead to Punitive Damages.
A Georgia law, O.C.G.A. § 40-6-241, permits reasonable use of a cell phone while driving. But that law might be changed if the federal government enacts its proposed texting and emailing ban. If that happens, Georgia will likely be forced to choose between modifying its existing law and losing its federal highway money. If Georgia enacts a law that restricts cell phone usage and/or prohibits texting and emailing, violators who cause collisions will not only be guilty of breaking the law, their conduct will be considered negligent per se. Plus, they might expose themselves to an award of punitive damages. Georgia courts have awarded punitive damages in cases involving drunk driving because of the known risk to others that such conduct poses. Given the near unanimity of public opinion regarding the risk of texting and emailing while driving, an argument can be made that a driver who texts or emails is being just as indifferent to the safety of others as one who drives drunk.
Sources:
- Matt Richtel, “Senators Seek a Ban on Texting and Driving,” New York Times, July 30, 2009.
- Matt Richtel, “In Study, Texting Lifts Crash Risk by Large Margin,” New York Times, July 28, 2009.
- Matt Richtel, “U.S. Withheld Data on Risks of Distracted Driving,” New York Times, July 21, 2009.
