Posted On: July 21, 2009 by Shouse Law Group

New Studies to Change Policy Debate About Distracted Driving

Research released today by the National Highway Transportation Safety Administration (NHTSA) is likely to change the policy debates about distracted driving. Among other things, the research shows that drivers talking on a phone are four times as likely to crash...roughly the same increased odds as a driver with a .08 BAC.

These statistics undoubtedly will bolster the position of policy-makers seeking more regulation to reduce distracted driving. California already leads the nation in this regard, having enacted laws that prohibit hand-held phone use and texting or Internet use behind the wheel. That debate is pretty much over.

But the NHTSA data will take the policy debate a step further. The studies indicate that bluetooth or hands-free handsets don't solve the problem. The phone conversation itself distracts motorists from focusing on driving tasks, regardless of the devices used.

The policy implication would be to ban phone use while driving altogether. While such laws would probably save lives and make highway travel safer, try selling it to the public. Our culture has grown quite accustomed to phoning and other multitasking on the road. And the inability to exploit commuting "downtime" to take care of other business would cause enormous efficiency losses. Moreover, what's the difference between a driver distracted by a phone conversation versus a conversation with his passengers? Are we going to ban that too?

The bottom line is this. The NHTSA data will surely move us in the direction of greater regulation of the multitasking activities that distract our driving. But regardless of the risks, we're unlikely to see laws that ban all phone use on the road.