Distracted Driving, a Hazard in Arizona
The Arizona senate has passed a bill that prohibits use of a cell phone or personal digital assistant to text or send e-mails while driving.

June 30, 2010 /24-7PressRelease/ -- The Arizona senate has passed a bill that prohibits, with few exceptions, use of a cell phone or personal digital assistant (PDA) to text or send e-mails while driving. The civil traffic offense is punishable by a penalty of $50, or by penalty of $200 if the driver was involved in an accident.

Some states have already enacted bans on handheld phones, texting or even cell phone use entirely. However, regardless of whether use of a device is prohibited on the highway, drivers are always required to exercise a reasonable standard of care. Anything that distracts drivers' attention from the road can pose a threat to their safety and the safety of others on the road.

Exceptions in Pending Legislation

The No Texting While Driving Act prohibits any person from operating a motor vehicle on a highway while using a handheld phone or handheld PDA to write, send or read a written message. The following people are excepted from the prohibition:
- Emergency vehicle drivers or law enforcement officers using equipment in order to perform their official duties
- A person who reads, selects or enters a telephone number or name into the phone or PDA in order to make or receive a call
- A person operating a vehicle that is not in motion and not in a lane of traffic

Talking not Prohibited

A 2009 New York Times article reports that the number of wireless subscribers in the United States increased by eightfold and the number of minutes talked increased by 58 percent, from 1995 to 2008. While the law would make reading and sending text messages impermissible, people would be allowed to scroll through contacts or information in order to place an outgoing or receive an incoming call.

Whether it is a quick call when the driver is running late or an important conference call in rush hour traffic, even telephone calls take drivers' eyes and attention off the road. DWIWatch.org states that a recent study found that the risk of crashing when driving while using a cell phone is four times that of a non-impaired driver.

Distracted driving may be negligent driving. Even if not illegal, a driver may be liable for damages if involved in an accident while trying to juggle electronic devices or make phone calls.

Hands Free not Liability Free

According to a 2006 Business Week article, accessories maker Parrot estimated that accessory sales would jump from one in six cell phone sales to one in three by 2011. Consumers willing to spend money on expensive accessories for their phones, including headsets and wireless earphones, may be lulled into a sense of security while making calls on the road.

However a study by the National Safety Council's Journal of Safety Research concludes that use of hands-free and handheld cell phones is virtually equally dangerous. The study found that any type of cell phone use detracts from the brain's ability to focus on safe driving, resulting in:
- More accidents and driving errors
- Impaired reaction times
- Slower overall vehicle speeds

According to conservative estimates, distracted drivers on cell phones cause more than 636,000 crashes, 330,000 injuries, 12,000 serious injuries and 2,600 deaths each year in the United States.

Liability and Damages

A distracted driver who causes a crash may be liable to the victims of the crash for many types of damages, including medical expenses and physical or other therapy, pain and suffering, lost wages from time spent recuperating away from work, and property damage. In limited cases, the court may award punitive damages, which are meant to punish the defendant for wrongdoing.

Many drivers do it -- a quick glance away from the road to change a CD, switch playlists on an mp3 player or reset the GPS. In addition to PDAs and cell phones, many devices are competing for drivers' attention while on the road. When the risks these actions pose is realized in a car accident, the victims may have questions about how to pursue compensation. An experience personal injury attorney can answer questions and protect financial and legal interests in a lawsuit or settlement.

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