Legislators Crack Down on Texting and Driving
Attempts to ban texting while driving have intensified in recent months, in response to growing concern about the significant dangers of the practice.

September 04, 2009 /24-7PressRelease/ -- Legislators Crack Down on Texting and Driving

Article provided by Larkin, Axelrod, Ingrassia & Tetenbaum, L.L.P.
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Young drivers are endlessly instructed to keep their eyes on the road. However, many more experienced drivers routinely ignore this valuable advice, opting to use driving time to catch up on correspondence in the form of text messages. Research indicates that driving while texting is more dangerous than talking on a cell phone or driving drunk. A new study of truck drivers performed by the Virginia Tech Transportation Institute shows that texting poses a much higher risk of a crash than previously estimated.

The study, which outfitted the cabs of trucks with video cameras, showed that a driver's collision risk is 23 times greater when texting. This poses a significantly greater danger than other known risks, such as making a call from a cell phone or driving drunk.

The recent study demonstrates that texting while driving is an extremely risky behavior, primarily because drivers must take their eyes off the road. The study found that drivers took their eyes from the road for nearly five seconds when texting before a crash. Accordingly, many legislators are working to outlaw the practice of texting while driving.

Recent Legislation in New York

Attempts nationwide to ban the practice of texting while driving have intensified in recent months. Fourteen states currently ban texting while driving, and three states have bans that will take effect in the near future.

Texting by teenage drivers has been a big concern in New York for several years, and New York lawmakers recently voted to outlaw texting while driving. Under the bill, drivers guilty of using an electronic device to text, access the Web, or play video games can be fined up to $150 under the new legislation.

The law makes texting a secondary offense. This means that a driver may be ticketed for texting only if he or she has been stopped for some other reason or if texting is discovered as part of an investigation into an accident. For example, a motorist could not be pulled over for texting but could be cited if pulled over for a primary offense such as speeding.

Critics claim that this means the law is less likely to have a strong deterrent effect. They point to studies which show that people in states which treat seat belt violations as a secondary offense don't buckle up as often as those in states where it is a primary offense.

The bill, which is expected to be signed by Gov. David Paterson, also raises the requirements for obtaining a driver's license. Young drivers must have a learner's permit for at least six months under the new law. They also must complete 50 hours of supervised driving before applying for a regular license, with 15 of those hours coming after sunset. The new law would go into effect in November.

Proposed National Legislation

Senators in Washington, D.C., are proposing legislation which would require states to ban drivers from texting and e-mailing while operating a motor vehicle. If states did not adopt a ban within two years of the legislation being passed into law, they would risk losing up to 25 percent of their annual federal highway funding.

Senator Charles Schumer is one of the Senators leading the way with regard to this legislation and it is patterned after legislation passed in 1984 to pressure states to raise the minimum drinking age to 21 years. Within six months of the bill's passage, the Transportation Department would establish minimum penalties for state laws. States would then have two years to pass bans or risk losing the hundreds of millions of dollars in federal highway funds. The legislation is seen as a response to recent studies showing the dangers of texting behind the wheel, including the Virginia Tech study.

Critics of texting bans say they are difficult to enforce. The Governors Highway Safety Association opposes texting while driving but is against the proposed legislation. They assert that there is not an effective enforcement mechanism for banning texting. Some critics point to the inability to see inside cars at night and problems in obtaining convictions.

Advocates of texting bans stress that the same enforcement concerns were raised about seat belt laws but that such laws created awareness and established social guidelines.

Clearly, the laws and policies surrounding texting and driving are still evolving. However, it is well-established that driving while distracted can cause serious accidents and injuries. If you or a loved one has been involved in an auto accident due to distracted driving, it is important that you contact an attorney to protect your legal rights.

Article provided by Larkin, Axelrod, Ingrassia & Tetenbaum, L.L.P.
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