California Personal Injury Lawyers - Bakersfield Personal Injury Attorneys - Chain, Younger, Cohn & Stiles

MARCH 2003


Cell Phone Safety
Dialing While Driving Continues To Spark Debate


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    CELL PHONE SAFETY

    "DIALING WHILE DRIVING" CONTINUES
    TO SPARK DEBATE AND LAND PEOPLE IN COURT


    There are almost 90 million cellular phone subscribers in the United States, most of whom use their phones while driving to conduct business, report emergencies, or stay in touch with loved ones on a daily basis. This has created an increasing concern about cell phone safety. Although there has been much discussion in recent months about legislative measures to stop or curtail phone usage, almost everyone seems to be taking a wait-and-see attitude.

    Most people believe that driving while talking on a cell phone is dangerous. Now, people who have their phone to their ear, instead of their eyes on the road, are starting to be held liable in court. This fact has come too close to home. Here in Bakersfield, there have been fatalities as a result of a cell phone user taking his or her eyes off the road.

    What, exactly, is the future of cellular phone use in cars? No one knows exactly, but there are different points of view. On the one hand, safety advocates insist that cell phone use in cars should be banned completely. On the other hand, the cellular industry insists that the phones pose only a minor nuisance, easily corrected with education and training.

    On the positive side, some benefits of cell phone use include:
    • Economic: They allow us to conduct business.
    • Personal Safety: They make it easier to call for help in an emergency or for roadside assistance.
    • Access: We can stay in touch with loved ones.
    • Money Savings: It is sometimes cheaper to call long-distance from our cars than from our home.
    Nevertheless, cell phones do pose serious health risks. The National Highway Traffic Safety Administration has determined that driver inattention is a primary or contributing factor in as many as 50 percent of all traffic accidents. While more research is needed to determine what role cellular phones play in this scenario, some states are not willing to wait until all facts are in. New York became the first state to ban hand-held cell phones while driving. The state of Pennsylvania is now pursuing legislation, and other states are close on their heels.

    In the meantime, responsible use of the technology can limit accidents and protect your safety while talking and driving. If you must talk while on the road, safety advocates recommend that you:
    • Get to know your phone and its features.
    • When available, use a hands-free device.
    • Position your phone within easy reach.
    • Park or pull off the road to place calls, if possible.
    • Suspend calls in heavy traffic or hazardous weather conditions.
    • Do not engage in stressful or emotional conversations that may divert your attention from the road.
    Much of the legislative and regulatory activity will resolve itself over the coming years. But, there is no doubt about it - cellular phone use while driving can be hazardous to your health. As always, use caution and make conservative driving decisions. It could save your life, or the life of a loved one.

  • David Cohn, Managing Partner
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