MASSACHUSETTS LEGISLATURE TAKES STEP TO BAN HAND-HELD CELL PHONE USE WHILE DRIVING

January 27, 2012

1307593_mobile_phone_in_hand.jpg

In hopes of making Massachusetts roads safer for residents and visitors and reduce the risk of accidents, according to Boston.com, the Legislature's Joint Transportation Committee unanimously voted to ban hand-held cell phone use while driving. Drivers would be banned from using a hand-held cell phone while driving but allowed to use hands-free dialing and talking.

If this ban is passed, it would make Massachusetts the 10th state to have such a ban regarding hand-held cell phone use. Today, Massachusetts has a ban on texting while driving as well as any form of cell phone use by a driver under the age of 18. Because it is difficult to determine the difference between texting and dialing, the texting ban has been difficult to enforce. According to the Department of Transportation statistics, an average of only 3 texting tickets are written or roughly one out of every 200 speeding tickets. The ban on all hand-held cell phone use would make it easier for police to enforce the texting ban. This ban has been brought to the House twice and passed with broad support while the Senate is divided and voted 18-16 to reject the idea in 2010.

According to the National Safety Council, in 2011 an estimated 23% of all traffic accidents involve use of a cell phone per year. That percent equals about 1.3 millions crashes per year. Accidents every year involving cell phone conversations is estimated at 1.2 million and at least 100,000 accidents are related to texting while driving. Cell phone conversations are involved in 12 times as many crashes as texting.

In 2010, it was estimated that 28% of all traffic accidents were due to cell phone use or about 1.6 million accidents each year. The number of accidents involving cell phone use has decreased based on state laws involving restricting use of cell phones and texting while driving.

While not being able to use a cell phone may be an inconvenience for some drivers, accident risks would surely decrease. According to Senator Mark C. Montigny of New Bedford, who is optimistic that the ban will become a law, he thinks that "the inconvenience of the death and destruction on the road far outweighs any very minor inconvenience".

Since Bluetooth technology has changed over the past few years, Bluetooth and hand-free equipment has been made more affordable and easier to get. People without hands-free equipment would have to pull over or wait until they have reached their destination to use their phone.

Some say that requiring the use of hand-free equipment gives drivers a false sense of security. Having a cell phone conversation is a distraction to all drivers whether they are using hand-free equipment or not. However, keeping drivers from looking at their phone instead of the road, trying to dial a number instead of having both hands of the wheel of the car would be a step to keep drivers safe as well as pedestrians.
It is still unsure whether the ban will be presented for a vote to the House and Senate. But many think it would be a huge step to making Massachusetts roads safer.

As Massachusetts car accident attorneys, Sheff Law understands the risks and distractions that cause accidents. If you or someone you know has been injured due to an auto accident, contact us at 617-227-7000 for a free consultation with an attorney to discuss your options.