Cell Phones and Car Accidents: The Legalese of Careless Driving
Operating a vehicle while using a cell phone is increasingly frowned upon in this and many other countries. Cell phone use has been linked to many accidents. To combat this problem, many municipalities have adopted stricter penalties and steeper fines for people using their cell phones while driving.
When a driver talks on a cell phone, texts, or even reads a text, they are breaking the law. Moreover, driving carelessly–and talking on a cell phone is considered to be driving carelessly–a person can be liable to a lawsuit.
Cell Phone Use Linked to Car Accidents
Driving while using a cell phone puts you and other vehicles at risk. Many drivers are considered at fault for causing collisions because they were talking on the phone or using their mobile phone just before the accident.
According to some statistics like the following auto accident infographic, 23% of the car accidents that occurred in 2011 were linked to cell phone usage. This percentage translates into roughly 1.3 million auto accidents for that particular year. How many of those might have been avoided if cell phone use was avoided?
Texting is also linked to a higher risk of a vehicle crash–a 23% increased risk.
Who Is Liable?
Clearly, a driver who is using a cell phone and is involved in a car accident is liable for their careless driving. However, they aren’t the only ones. Some lawsuits have involved the drivers’ employers. If the driver of the care was using their cell phone for a work-related call, text, or email when they crashed, the employer can be considered liable and face legal consequences–which can be steep when fatalities are involved. Employers, however, aren’t alone.
Parents can be held liable for the cell phone activities of their teenage drivers if they supplied the cell phone. While the law is mixed when it comes to parental responsibility, in some states a parent may, indeed, face legal repercussions for their child’s car accident.
More Substantial Penalties
As troubling statistics continue to rise involving cell phones and cars, states are passing legislation that forbids cell phone use around areas like schools, but also substantially increases the penalties for drivers who talk on cell phones and break traffic laws or cause accidents. According to the Huffington Post, “Some 41 states plus the District of Columbia now have a ban on texting while driving.”
Moreover, as the stricter laws fail to reduce these numbers–accidents and deaths related to driving and cell phone use–a “looming public safety crisis” appears to be close at hand according to the article.
With so many people driving while texting and talking, more defensive drivers are needed on the roads than ever before. Cell phone use has been called as dangerous as driving under the influence of a few drinks. Yet, that danger only increases as the amount of time a driver spends reading a message or a text.
With so many people driving while texting and talking, more defensive drivers are needed on the roads than ever before. Cell phone use has been called as dangerous as driving under the influence of a few drinks. Yet, that danger only increases as the amount of time a driver spends reading a message or a text increases.
Jeremy S enjoys studying cultural law phenomena. He often writes on law blogs to help the everyday person understand it.
