Despite the fact that 35 states have passed laws prohibiting text messaging while driving, many drivers continue to engage in this extremely risky behavior.  A study conducted by the National Highway Traffic Safety Administration (NHTSA) revealed that sixty (60) percent of drivers admit to texting while driving.  The majority of those that indicated they engaged in such activity indicated that they did so even though they recognized the danger of such activity.  This blog has previously discussed how laws prohibiting texting while driving may be ineffective because of rather mild penalties and serious enforcement issues that are caused by the inability of police officers to determine how a mobile phone is being used.

However, there are a growing number of suggestions as to how to keep people from engaging in text messaging while driving from a variety of sources.  These suggestions include a recommendation last year by the National Transportation Safety Board (NTSB) prohibiting the use of all electronic devices while driving.  While this proposed ban goes further than current laws in the states that ban texting while driving by prohibiting ALL use of ALL electronic devices, it may still have limited effectiveness unless the penalties that accompany violations are substantial.  A universal ban on the use of all electronic devices would certainly make enforcement easier for police officer.  This would remove the difficulty of having to determine if a driver is using their cell phone for hands free talking, GPS navigation, text messaging or any other function.

While the NTSB proposal would make enforcement of cell phone texting violations more effective, it still might not deter this dangerous activity.  Most state cell phone bans impose minimal consequences for violations so the deterrent impact of the laws is limited.  There is evidence that incarceration, substantial fines or driver’s license suspensions combined with a comprehensive ban on all use of electronic devices might be an effective way of preventing distracted driving accidents caused by texting drivers.  A survey conducted by the Ad Council found that 96 percent of those asked indicated that the imposition of jail time, significant fines, increased insurance rates and other financial and legal consequences would discourage them from texting and driving.  An example of such an approach exists with commercial drivers who must pay a fine of $2,700 if they violate a ban on text messaging while operating a tractor-trailer (trucking companies must pay an $11,000 fine for violations by its truck drivers).

Another strategy to prevent driving while text messaging is to impose civil liability not only on the driver but anyone that knowingly engages in a conversation with a driver by sending text messages to a person operating a motor vehicle.  There are many occasions when someone carrying on a text messaging conversation with a driver knows that the recipient of the text messages is operating a motor vehicle.  A pending lawsuit in New Jersey that has named the person who was texting with a driver before the driver caused a serious accident resulting in catastrophic injuries to a married couple riding a motorcycle may provide insight into whether courts are willing to take this step.

While states have imposed strict enforcement methods and tough penalties on drunk drivers, the laws prohibiting text messaging while driving are extremely lax.  Further, enforcement problems will remain an issue as long as drivers are permitted to use cell phones for other purposes.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.