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CELL PHONE USE BEHIND THE WHEEL

DEADLY DIAL TONES?

         With the increase in use of cell phones and other electronic devices, there have been a growing number of motor vehicle accidents where use of a cell phone is involved and suspected of being a contributing factor.

         Research on the ability of drivers to safely operate vehicles while using a cell phone has begun utilizing driving simulators with eye-tracking capabilities and recorded brain activity.  The results suggest the following:

• Use of cell phones creates “inattention blindness”, where people look but actually don’t interpret what they are seeing, because the brain activity that is related to processing traffic information (stop lights, break lights, etc.) is suppressed.  Instead the brain is actively engaged in the cell phone activity.
• Drivers talking on cell phones only recognize about one-half of the information that they look at, including traffic lights, other vehicles, billboards, and even playing children.
• Impairment from the use of cell phones consists of three parts: 

(a)      Manual manipulation – the mechanical movements needed to reach for and use the cell phone;

(b)      Visual impairment – the eyes move away from the road to the cell phone periodically during operation; and,

c)       Cognitive distractions - the brain becomes overloaded as concentration is diverted to the use of the cell phone and the content of the information being shared.

• Drivers are approximately four times more likely to be involved in a crash when talking on a cell phone.  (This is the same increased risk that is seen in drivers  with a blood alcohol level of 0.08) 
• Dialing the phone, scrolling, or texting produces a crash risk that is eight times higher than the risk for an attentive driver who is not engaged in these activities.
• Using a cell phone to talk or interact with voicemail slows perception/reaction time for a driver by one-third, which results in an increased risk of an accident and an increase in the severity of the accident.
• Even after cell phone use ends, “inattention blindness” can continue for as long as a minute. 
• Use of hands-free cell phones (Bluetooth devices) doesn’t make it safer, as the same “inattention blindness” seems to persist.

          Wisconsin is one of many states passing laws with respect to the use of cell phones and electronic devices while driving.  Wisconsin Statute § 346.89(3)(a) provides that no person may drive a vehicle while composing or sending an electronic text message or e-mail.  However, Wisconsin accepts the use of hands-free or voice-operated devices.  There is no prohibition regarding dialing a number and talking on a cell phone. 

          Most recently, the National Transportation Safety Board has recommended that all states ban all drivers from using cell phones and other portable electronic devices, (including hands-free or voice-activated devices), except in emergencies.  Some states have already initiated this legislation.  Enforcement of these laws appears to be a significant roadblock to their effectiveness.

         Under certain circumstances (such as emergencies) the use of cell phones while operating a vehicle may not only be helpful, but actually necessary. However, even these limited circumstances should be balanced with the sentiment echoed by NTSB Chairman, Deborah Hersman, who has indicated, “No call, no text, no update is worth a human life.” 

         For more information on this topic please email Attorney Mark Feldmann. (mark-feldmann@mennlaw.com)  All of our attorneys may be reached by phone at 920-731-6631 to discuss the legal services you need.

Menn Law Firm, Ltd., 2501 E. Enterprise Drive, P.O. Box 785, Appleton, WI 54912-0785
920-731-6631