Cellular Phones may Drive Drivers to Dangerous Distraction — Clifford Law Offices
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Cellular Phones may Drive Drivers to Dangerous Distraction

Chicago Lawyer, 10/01/1997
By Robert A. Clifford

I can hardly recall what life was like without cellular car phones.

It seems so commonplace now - many workers who commute in an automobile have expanded their work days to make several calls on the ride to and from work. It appears to be no different than talking to a passenger in the car.

But reliable studies have indicated that car phone use, in fact, increases the possibility of an accident on the road.

Earlier this year, the New England Journal of Medicine reported the use of cell phones in motor vehicles is associated with a quadrupling of the risk of a collision during the brief period of a call. Researchers concluded that the risk of driving while talking on the phone is similar to the hazard associated with driving with a blood alcohol level at the legal limit.

Just a few cases have been filed across the country dealing with accidents and the use of cell phones while driving; and, so far, in its infancy, it appears none has been reported on the appellate level. But that's bound to change quickly.

Motor vehicle collisions are a leading cause of death in North America, accounting for one fatality every 10 minutes. That statistic pales in comparison to the sale of cell phones. In 1995 the number of new subscribers in the United States exceeded the birth rate. More than 30 million people in North America alone have succumbed to this necessary convenience. Some countries, such as Brazil, Israel, Switzerland and parts of Australia, have outlawed their use while operating a motor vehicle.

Last year State Rep. Robert Bugielski (D.-Chgo) introduced in Springfield H.B. 562 that requires the use of a hands-free system when operating a cellular phone in a vehicle. Hawaii and Washington have introduced similar measures.

The measure in Springfield was approved by the Executive Committee, but Bugielski said he never called the measure for a vote because of the intense lobbying against the bill by the telephone companies and cell phone manufacturers. The safety issue came to his attention as he drove to Springfield and observed many drivers talking with the phone wedged between their ear and shoulder - while trying to write, looking at the road sideways.

"It throws off your perception of the road and everything else. I wanted to get this in front of the public eye," Bugielski said. "I feel cell phones cause accidents."

Bugielski relayed the story he had heard about a Realtor who said he conducted 90 percent of his business in the car from two separate lines, often putting people on hold. Although the Realtor had never been in an accident, he said he had many "close calls." Bugielski said he may re-introduce the measure next year.

Other states, including New Jersey and New York, have proposed the banning of cell phones while operating a motor vehicle. Thus far, no state has approved any measure curtailing the use of cell phones in motor vehicles.

The New York Assembly of the State Legislature passed Bill 6803, which creates a Task Force on Communications Technology and Driver Safety "to study the issues relating to driver use of cellular phones and traffic safety." Such a task force, if formed, would investigate the correlation between the use of cell phones while driving and make recommendations addressing the risks of motor vehicle collisions. The bill is now in the state Senate Committee on Rules.

Another counter-attack appears to come from the insurance industry. Group Commerce, Inc. Of Quebec, an insurance brokerage firm, has tacked on an extra $50 per year to the premium of drivers whose vehicles have a cell phone. The firm's actuaries apparently concluded that this sum is roughly equivalent to the additional financial burden that cell-phone-using motorists place on the company in the form of their increased probability of getting into an accident.

The insurance industry in the United States has a great interest in this issue, and several companies reportedly are collecting their own data on the subject before deciding what to do - if anything.

In the meantime, the National Highway Traffic Safety Administration (NHTSA) is expected to release a report any day, following 21/2 years of study on the subject. The report looks at the more than 30 studies conducted across the world on this topic, analyzes the data and makes recommendations for drivers who use cell phones.

Statistically, accidents involving cell phone use typically have been group under "inattentive drivers," which includes drivers who put on makeup, read, talk, light cigarettes, eat, shave and do just about anything but drive.

That grouping of related factors accounted for 5.9 percent of the nation's fatal accidents in 1995, according to law enforcement officials. The NHTSA study will separate out cell phone-induced accidents.

Although cellular phones offer some important safety benefits, there's no doubt that negotiating a settlement while negotiating a turn is a significant driver distraction.


ATTORNEYS

Robert A. Clifford