Drivers distracted while texting on cell phones and other portable communication devices remains a serious cause of Mississippi car accidents. Although there have been numerous proposals to prohibit texting and driving in Mississippi, all of these proposals have failed to be enacted to this point. An important consideration in whether Mississippi should follow through on enacting a texting and driving ban is a consideration of whether such legislation has been effective in other states.
Extensive research on the subject shows that the impact of ant-texting laws is somewhat complicated. While there is substantial evidence that anti-texting laws reduce car accident rates, there is also evidence that the deterrent impact of these laws declines over time. AAA has conducted a series of studies that provides insight into the impact of banning texting and driving as well as potential limitations on such bans. One study revealed that there was an initial reduction in texting and driving when California’s texting and driving ban first went into effect, but the effectiveness of the ban declined over time with the number of text messaging citations increasing annually since the ban was enacted in 2009. There were over 500,000 texting and driving citations issued in California during 2011, which represented more than a 20 percent increase over the prior year and more than a 50 percent increase from the year the text messaging ban went into effect.
Studies conducted by AAA before the ban went into effect suggested that 1.4 percent of drivers in the state were engaged in texting while driving at any point in time. Follow-up studies revealed that texting and driving declined by as much as seventy percent in the months immediately after enactment of the prohibition on texting messaging while driving. However, the number of drivers that were engaged in text messaging while driving had doubled from the point of the post-ban enactment decline. Despite evidence that the deterrent impact of texting and driving bans diminishes over time, there is also evidence that these bans do save lives and prevent serious bodily injury. According to one state agency, the number of mobile phone related car crashes declined by 45 percent during the first two years of the state’s prohibition on texting while driving.
This data along with other statistical information about texting and driving makes clear that while a Mississippi ban on texting and driving would be a positive step the form of the ban is relevant. One study has shown that texting while driving increases the probability of a motor vehicle collision eightfold. However, there are certain features of existing text messaging bans in other states that may explain the mixed results. The effectiveness of the texting ban as well as most traffic safety laws appear to be based on both the probability of being caught and the severity of the penalty. Many text bans carry only nominal fines and have no impact on driving records. This type of limited penalty can result in drivers conducting a mental cost-benefit analysis and determining that the insignificant penalty that accompanies a texting and driving violation is outweighed by the convenience and desire of engaging in this unsafe driving practice.
The lack of deterrent impact of many anti-texting laws is compounded by enforcement challenges. Because smart phones, iPods and other portable communication devices may be used for a wide variety of functions, it can be very difficult to prove that a driver was using it for texting as opposed to some other function that is not banned. The formula for enacting an effective texting and messaging ban may be to impose more significant penalties, including costly fines and points against one’s driving record as well as enacting a complete ban of all portable electronic devices while driving. The experienced Mississippi distracted driving accident attorneys at Barrett Law have been providing effective representation to person injury victims for over 75 years. We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.
