Are New Distracted Driving Laws Doing Enough To Keep Us Safe?

As the founder of Teens Against Distracted Driving (TADD)

, I am keeping a keen eye on the effect of legislation passed earlier this year in Olympia that made non-hands-free use of a cell phone a primary offense. I came across an article by KNDO Tri-Cities NBC affiliate that talked about how the new law may be causing more harm than good. I have worked with numerous clients that have been hurt by distracted drivers, so it is of the utmost importance to me that we figure out the best way to solve this problem.

Washington state senate bill (SB 6345) was passed earlier this year with widespread support to cut down on inappropriate cell phone use in cars, with special attention focused on texting. The new law has made texting while driving, as well as not using a hands free device while driving, a primary offense. The punishment for breaking this law is a $124 ticket.

According to the bill, texting drivers have a 23% greater chance of a car accident than other drivers. In enacting this new law, the hope is that less distracted drivers means less accidents overall. The KNDO article did not question whether or not action is necessary to reduce distracted driving accidents, but if the reality of the new laws application is counter to its goal.

Ultimately, I fear that the ramifications of this bill actually result in distracting drivers even more so than before. Cops trying to enforce this law have a very difficult mission ahead of them. Proving that somebody was texting while driving involves following them for a period of time to see that they are clearly distracted, and then visually seeing the driver holding his or her phone. Because cops have to actually see the cell phone in use, this law has caused more people to merely change how they text in the car, rather than making them stop altogether. Now, rather than holding the phone above the wheel while texting, most drivers hold it low and out of sight, thus amplifying the problem of paying attention to the road.

The current law obviously has the right intentions, but if it is making the problem worse, then we need to look into changes that can make it better. One solution might be to increase the penalty for people who get caught. With the fine set at $124, there isnt much incentive to put away your phone while driving. The chances of getting caught are slim, and if you do get caught, the penalty is pretty low. As it stands, the infraction does not become part of the drivers record, and is not reported to insurance companies. As we begin to understand the problem of distracted driving more and more, it is becoming a statistical fact that texting or talking while holding your phone are just as dangerous as driving under the influence of alcohol. So even though this might sound a bit extreme, why not make the penalty equivalent to that of a DUI? Both are careless acts that put thousands of lives in danger every year. If the punishment for texting-while-driving includes a large fine, potential jail time and a stern mark on a driving record, then I doubt that most people would consider taking the risk to text and drive.

Laws are necessary to fix this problem, but laws can only be effective when the punishment outweighs the potential benefit for those who break it. Our culture is clearly much more accepting of texting and driving than drinking and driving, but it is time that we change this mentality and recognize that both are incredibly dangerous and deserve equally harsh penalties.

by: Jason Epstein

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