We have previously addressed both the dangers of distracted driving and the shortcomings of existing legislation aimed at preventing this dangerous practice which causes many car accidents. One of the main weaknesses that we have pointed out regarding existing distracted driving laws is that the low probability of detection and relative leniency of the fine may not pose much of a deterrent. Driver’s are more inclined to obey traffic safety laws, including restrictions on talking on a cell phone and text messaging while driving, if they have a legitimate fear that the practice will result in a substantial penalty.
A number of states have started to increase the penalties associated with distracted driving in an effort to improve the effectiveness of laws restricting cell phone use while driving, particularly text messaging while driving. A 2010 study conducted by the Highway Loss Data Institute concluded that current laws that ban text messaging while driving have proven unsuccessful in curbing this extremely dangerous practice. While some critics of harsher penalties for texting and driving question whether increasing penalties for violations is the proper approach to the problem, there is clearly established data that increased fines for seatbelt violations result in increases seatbelt use.
States are increasing fines substantially and even suspending driving privileges for drivers that use a cell phone while driving. New Jersey, for example, is considering doubling the fine for any handheld use of a cell phone while driving including for text messaging from $100 a violation to $200. A driver who is convicted of a third offense of violating the law would receive a ninety day driver’s license suspension. Connecticut increased its fine structure from $100 to $125 for the first violation, $150 to $250 for a second violation and from $200 to $400 for a third violation. Other states are considering similar measures and the changes are being compared to the early measures designed to prevent drunk driving.
While California is considering stiffening its penalties, they are mild compared to those in other states. The California Senate approved a bill last month that would impose a fine on drivers texting or talking without a hands free device to thirty dollars for a first violation, which is a ten dollar increase from the current fine. A second violation under the proposed change would increase the fine from fifty to sixty dollars. If the effectiveness of such measures is based on the amount of the fine, California’s laws are not likely to be much of a deterrent to this dangerous driving practice that causes many San Francisco car accidents.
Although no one likes to pay fines or have their license suspended, California may follow the lead of other states in imposing more serious penalties if these states experience positive results from increasing the sanctions for distracted driving. There are several studies that reveal that text messaging while driving adversely impacts driving ability at least as much if not more than a blood alcohol concentration (BAC) of .08 percent.
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If you are involved in a San Francisco car accident, our experienced San Francisco car accident attorneys have assisted many victims injured in motor vehicle accidents in the Bay Area. We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation. We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits. We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.