State Law TV

Distracted Driving FAQs


Q: What exactly is distracted driving?
A: Distracted driving is driving while your mind, eyes or hands are doing something else. Nearly any activity that does this could be considered distracted driving. But some of the most common distractions reported by safety officials include cell phones and other devices, eating, personal grooming, rubbernecking, reaching for something and interacting with passengers. All of these raise the risk of a crash by taking the driver’s attention away from the road.

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Q: Why is distracted driving becoming an issue?
A: Distracted driving has gained attention recently because more and more studies are showing that it’s a serious threat. For example, a 2006 study showed that the risk of a crash doubles when drivers take their eyes off the road for longer than one second. Safety experts have always believed that most accidents are caused by human error. But now, distractions have increased because we are able to take more and more technology into our cars, and because many people are trying to squeeze more into their days.

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Q: How many accidents are caused by distracted driving?
A: It’s impossible to say for sure, because police agencies don’t always report distractions. However, one federal study found that distractions contributed to 22 percent of all crashes and near-crashes. Police data shows that 16 percent of fatal crashes and 21 percent of injury crashes involved distractions. It also shows that the proportion of fatal crashes caused by distracted driving grew from 8 percent in 2004 to 11 percent in 2008.

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Q: Why are safety groups focused on cell phone use?
A: It’s true that texting and talking on the phone are not the only distractions in the car. But hand-held device use is very widespread, and statistics show that it’s growing. Based on observations, the federal government has concluded that at any given time, 11 percent of all drivers are likely to be using a hand-held or hands-free cell phone. For hand-held phone use alone, that translates to 812,000 vehicles on the road at any given time during daylight hours.

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Q: Is it legal to drive while using a cell phone?
A: It depends on where you live, but more and more, the answer is no. No state has banned cell phone use entirely, but a handful of states have banned use of hand-held phones. Far more states have outlawed texting while driving, and many others are considering it. Congress is considering a law that would require states to pass a texting ban before they are eligible for federal highway funding. And the Secretary of Transportation has made distracted driving a central safety issue.

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Q: Is it safer to use a hands-free cell phone?
A: Research suggests that it is not. While hands-free devices do help drivers keep their eyes on the road, talking on the phone can still cause a mental distraction. A 2001 University of Utah study found that drivers using a cell phone missed twice as many traffic lights as drivers without a phone. That was true regardless of whether they were using a hands-free device. The study concluded that phone conversations distract drivers in ways that passive listening does not.

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Q: Is talking on the phone really less safe than talking to a passenger?
A: Probably. The University of Utah conducted a study in 2008 that compared performance of drivers talking to a passenger and drivers talking on a hands-free phone. It found that drivers on the phone were more likely to drift, miss their exit and tailgate. Passengers were more likely to slow the conversation when driving was difficult, or talk about traffic, suggesting that they were helping drivers keep their minds on driving.

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Q: Which drivers are most likely to drive while distracted?
A: Almost everyone who drives has probably been guilty of distracted driving at some point. But according to government statistics, drivers under the age of 20 had the highest proportion of fatal crashes caused by distraction, at 16 percent. Drivers ages 20 to 29 were the next most likely, at twelve percent. The government also found that the drivers most likely to be distracted during fatal crashes were drivers of SUVs, pickups and motorcycles.

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Q: Are there special distracted driving rules for commercial drivers?
A: Yes. The federal government has recently made a rule banning texting behind the wheel for people with commercial drivers’ licenses. It applies to interstate commercial truckers and bus drivers. Some states have also banned school bus drivers from texting or talking on the phone. Many businesses have made their own policies against phones behind the wheel. And all commercial drivers are held to stricter safety rules than private drivers.

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Q: Do the police take distracted driving seriously?
A: More and more, yes. Laws in many states allow police officers to pull over drivers they see violating a ban on texting or hand-held phone use. Other states allow law enforcement to make a note of whether a driver was using the phone at the time of an accident. Most likely, police will assign the blame for a crash on a driver distracted by a phone or other device. And all states have laws against reckless driving, which can be used in situations where distractions pose a clear risk.

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