Recently, Illinois became yet another state to entirely ban the use of handheld devices while driving. On August 16, 2013, the governor of Illinois, Pat Quinn, signed legislation that prohibits the use of any handheld device while operating a motor vehicle on any Illinois roadway. The law becomes effective January 1, 2014. Illinois previously had significant restrictions on the use of hand-held devices while operating a motor vehicle. Illinois will become the twelfth state to implement such a ban. Other states with the ban include California, Connecticut, Delaware, Hawaii, Maryland, Nevada, New Jersey, New York, Oregon, Washington, and West Virginia, as well as the District of Columbia.
Nationally, such restrictions are a growing trend. Most states have at least some restrictions on the use of handheld devices while operating a motor vehicle. All but nine states have banned text messaging while driving, as has the District of Columbia. Young drivers’ use of hand-held devices is limited in thirty-seven states. Arizona, Montana, and South Carolina are the only three states that have no restrictions whatsoever on the use of hand-held devices, whether talking or texting, while driving.
Additionally, federal law bans the use of hand-held devices by commercial drivers and bus drivers. The Federal Motor Carriers Safety Administration (FMCSA) creates these restrictions. It also provides for fines and penalties against drivers caught violating the restrictions. It is well-established that the use of hand-held devices while driving increases the risk of motor vehicle accidents. One study done for FMCSA indicated that the risk of crashes or traffic violations is more than 23 times higher for drivers text while driving.
Mississippi has laws in place that limit texting while driving. Under current Mississippi law, drivers with a learners permit are prohibited from texting while driving. The use of hand-held devices is also banned for bus drivers if minor children are on board the bus. No other limitations or restrictions exist regarding the use of hand-held devices while driving. However, the Mississippi Senate Transportation Committee recently held hearings regarding implementing additional restrictions in the 2014 Senate session.
Senator Sally Doty seems to be in support of additional restrictions, stating that texting while driving endangers the lives of both the individual engaging in the action as well as others on the road, but did concede that restrictions can be difficult to enforce. Senator Hob Bryan expressed concern that general restrictions do not take into consideration factors such as the remoteness of the roadway being travelled. Despite these conflicting interests, many critics of Mississippi’s lack of restrictions have recently begun more strongly voicing their concerns. Many newspaper articles have been written over the last several years strongly advocating for increased restrictions in Mississippi.
Nationally, there has also been a trend in lawsuits being brought involving the use of hand-held devices while driving, alleging that drivers were texting while driving and therefore negligent in causing accidents. Even more recently, assertions of negligence have been brought against individuals texting a driver because that individual knew the driver was operating a motor vehicle at the time. To date, these lawsuits have been unsuccessful.
Barrett Law, PLLC has been representing the rights of individuals injured in motor vehicle accidents in Mississippi for decades. If you or someone you love has been injured in a motor vehicle accident, please contact us today to discuss your rights. We can be reached at (601) 790-1505.
