Legal Technology
Ignoring the Perils of Driving and Talking? You May Be Addicted, Prof Says
Posted Jul 20, 2009 6:32 AM CST
By Debra Cassens Weiss
Multi-tasking lawyers take note: Talking on your cell phone while driving is a dangerous activity.
Drivers who use cell phones are four times as likely to cause a crash as other drivers, and the likelihood they will have an accident is the same as a person with a blood alcohol level of .08 percent, the New York Times reports.
The Times highlighted the research and the case of Christopher Hill, who pleaded guilty to negligent homicide after he ran a red light while talking on a cell phone. Hill crashed into a sport utility vehicle, causing the death of the woman driving the car.
Talking on a cell phone results in an estimated 2,600 fatal car accidents every year, according to a 2003 Harvard study noted in the article.
Crashes are just as risky for those who use hands-free devices, researchers have found.
Scientists say people talk on cell phones despite the risks because of the pressure to stay in touch, the story says. And some people using digital devices show signs of addiction, making it difficult to give up the devices while driving, according to Harvard psychology professor John Ratey.
“We need that constant pizzazz, the reward, the intensity,” he told the Times. He disagrees with the suggestion that people multi-task in their cars because of the need to be productive. “The justification for doing work is just that—a justification to be engaged,” he said.
The Times noted these legislative developments:
• No state has banned talking on cell phones while driving.
• Five states and Washington, D.C., require drivers to use hands-free devices while talking on cell phones.
• Fourteen states ban texting while driving; a similar bill in New York is awaiting the governor’s signature.
• About 170 bills addressing distracted driving have been introduced in state legislatures, but fewer than 10 have passed.
This interactive game published by the newspaper is designed to demonstrate how a driver’s reaction time is slowed by distractions.

Comments
Jim | 2009-07-20-Mo 1356 -0400
Jul 20, 2009 11:57 AM CST
CORRECT.
It is also possible to be distracted by intense, focused THINKING!
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David Bartlett
Jul 21, 2009 8:45 PM CST
It looks like NHTSA may be getting ready to regulate the use of cell phones in cars, following other federal regulators in demonstrating that it is willing to flex its regulatory muscles. In today’s political and regulatory environment, cell phone companies need to read the writing on the wall and move beyond simply denying that there is a problem with cell phone use behind the wheel. Instead, they should engage in the conversation and make sure they have a seat at the table when new regulations are written. I wrote more on this topic at BulletproofBlog.com: http://www.bulletproofblog.com/2009/07/21/cell-phones-and-driving-a-cold-reception-likely-on-capitol-hill/
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Houston Lawyer
Jul 22, 2009 6:56 AM CST
They should pass regulations. As an in-house lawyer, if an attorney working for me is talking on his or her cell phone while driving, I will tell them to hang up because I will not talk to them while they are driving. We also instruct our outside counsel to not talk on their cell phones on anything related to our business while driving. There is absolutely no reason that lawyers cannot tell people that they will be driving for a certain amount of time and will not be able to take or make calls. If law firms put pressure on their attorneys to bill time while driving by talking on client business, they should be held liable if their attorneys injure themselves or others as a result. Also, I think my company should tell law firms that encourage their attorneys to talk on their phones while driving that we will not hire that law firm, but we haven’t gone that far, yet.
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Wats
Jul 22, 2009 7:26 AM CST
Heck yeah, pass regulations. But if you’re going to do it, you sure as heck better regulate everything that is distracting to drivers, not just cell phones. I agree cell phones can be problematic if a person isn’t paying attention to what they’re doing However, I would contend that talking on a hands free device is no more distracting that talking to the passengers in your car, singing along with the radio, dealing with screaming kids in the back seat, etc., etc. Where are all the studies on those distractions. I’ve seen cars full of teenage girls singing to the radio and dancing around while they’re driving (basically having a party in the car) and they’re clearly far more distracted than I am on my blue tooth—why not regulate that? When my kids are bickering the the back seat that’s 15 times more distracting than the phone. When you’re on a hands free device, how is that different than talking to a fellow passenger in the car? Have there been studies on this? Maybe there should be. If it’s equivalent, then talking in the car should be banned all together.
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Bruce
Jul 22, 2009 7:26 AM CST
Everything needs a control for comparison. Is it any worse than talking to a passenger in the back seat?
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Catherine
Jul 22, 2009 7:46 AM CST
I agree with #3 about discouraging attorneys from using cell phones while driving and that this has to be done in the private sphere—by the employer. Personally, I find that chatting with a friend on the phone (who can be frequently put on hold if traffic calls for it) is much less distracting to me then trying to do business while driving because I have to be “on”, so to speak. Government regulations however, as some other posters have pointed out, if they are to regulate talking on the phone, have the potential to be over-inclusive and regulate mere talking or listening to the radio in the car, and then we’ll have the problem of drivers being bored to sleep while driving! I think that the matter of acceptable levels of distraction while driving is highly specific to each person. Since attorneys and other employees can’t be expected to regulate themselves AND keep their jobs, it’s up to employers to assume the responsibility of ensuring the safety of their employees on the road.
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FJP
Jul 22, 2009 7:56 AM CST
Apparently, the difference between the cell phone conversation and the conversation with a passenger in the car is that the passenger in the car is more likely to be aware of driving events (heavy traffic, merging onto the freeway, a rain shower), and will either stop or pause the conversation. Whereas, the person on the other end of the phone doesn’t know any of that.
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John
Jul 22, 2009 8:45 AM CST
The problem with a cell phone is that when you cannot see the speaker’s lips to help decode what they are saying, your heavily tax the portion of the brain which monitors your spatial relations, ie your speed and the cars around you. Watch on the highway, whenever you find traffic bunched up, look for someone at the front of the pack on their phone and oblivious to everyone behind them. I can glance at a passenger to see what they are saying while still seeing traffic with peripheral vision, but not so when on the phone.
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Donald
Jul 22, 2009 8:53 AM CST
I question why people who are driving are on the phone in the first place. There may be some genuine emergencies that need immediate attention, but I have the feeling that most people on the phone while driving aren’t doing anything more important than getting their chat on because they can.
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df
Jul 22, 2009 8:54 AM CST
I have problems with the nanny state, but this is not protecting me from myself, it’s protecting me from OTHERS. So go ahead, ban cell phone use while driving.
As for those who complain there are other things that distract drivers, yes there are. But are they as ubiquitous as cell phones? When e.g. there’s a rash of women breastfeeding while driving or something (there was one case a few years ago, she claimed religious reasons that she was required to obey her husband…), regulate that. But right now it’s phone use that’s a prevalent problem.
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Wats
Jul 22, 2009 9:18 AM CST
df—I have a feeling the only reason cell phones are cited as the “prevalent problem” is because that’s the only distraction anyone seems interested in doing studies on. Focus studies on all the other major distractions drivers face and I’d be willing to bet dollars to donuts you come up with similar results. It’s really all irrelevant anyway because even if such regs were passed, I see no way in the world traffic officers are ever going to be able to adequately enforce such rules. Especially since most people use hands free devices these days and there’s no way in the world for a cop to know whether someone is talking on it or not.
As to comment #8—uhhhh, the phone is more distracting because you can’t see the person’s lips? If you’re busy watching the person’s lips then you clearly aren’t paying attention to the road, regardless of what you think you’re seeing out of your peripheral vision. Furthermore, if you’re only occassionally glancing at their lips, then isn’t the distraction still equal to the phone during the presumably longer periods in which you’re not looking at them?
As to comment #7, it’s a pretty big assumption to say the passenger is paying attention. What if it’s your kid? Is your 7 year old really cognizant of what other drivers are doing at all times? What if the passenger is blind? Should we only allow talking to passengers who have the physical and mental capacity to participate in helping the driver monitor the activity on the road?
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eichler1
Jul 22, 2009 10:38 AM CST
Interesting comments. #8, you scare me, and I hope you don’t “drive” in California. If you do, please move immediately. #9 pretty much has it. I would only add that the main reason that the logical safety choice—ban on using a cell phone in any way while driving—is that the cell phone companies have WAY too much money at stake and simply won’t let that happen. That said, the public overall probably likes the option of using the phone while driving, and especially for those with long commutes it can be a real time saver.
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Mark
Jul 22, 2009 11:38 AM CST
I am always amused by people when complaining about regulations used the old argument “well why don’t we also regulate all these other things?” A couple of reasons, using a hand held cell phone is open and obvious and easy to see and thus regulate. It is much harder to notice bickering children and a harassed parent; but, I promise you, if you lose your concentration because of that and cause and accident; you will be charged with failure to maintain control. I would rather regulate and prevent an accident than punish after the fact. And finally, not regulating everything is like going pheasant hunting, you know you are not going to get every last bird but you will get the noisy, obvious one.
Personally, I am tired of people on cell phones not being able to see my 6½’ tall, 6½’ wide, 18.5” long black Yukon XL with daytime running lights because they are too busy talking.
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Wats
Jul 22, 2009 12:21 PM CST
Mark—If laws are passed banning cell phone use in the car, at most you’re boosting the business of makers and sellers of blue tooth devices, the Billy Mays hands free contraption, etc.
Point is, how come the same people clamoring for outlawing cell phone use in the car aren’t clamoring for banning eating your drive thru meal while driving or banning fiddling with the radio, singing along with the radio, joking around with your buddies in the car, etc.?
I work in a government agency, and when we promulgate regs, we’re expected to have supporting information for why we’ve created the rule the way we have. Much the same, I would expect law makers to commission studies on all forms of distracting activities if their goal is truly to make roads safer. Commission studies on smoking while driving, eating while driving, drinking your coffee while driving and find out what the true culprits are and go after those. Maybe if they took the time to do that they might learn that eating while driving is 5 times more likely to cause an accident than talking on a blue tooth. If it is, the efforts should be focused on outlawing that, not the phone. Whatever the case, at least take the time to find before trying to convince me that banning cell phones is going to make the roads significantly safer for me and my family.
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Melvin S. Merzon
Jul 22, 2009 1:05 PM CST
According to molecular biologist John Medina, noted in his book, “Brain Rules,” “[D]riving while talking . . . is like driving drunk. . . . Not surprsingly, they get in more wrecks than anyone except very drunk drivers.”
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Jamie Conrad
Jul 22, 2009 3:22 PM CST
Oooh, touchy subject here. #7 is spot on—the difference between talking on the phone while driving and talking with a passenger is that the passenger normally is also aware of surrounding conditions and will stop talking or understand when the driver does, neither of which the person on the other end of the phone will. And it’s silly to keep citing other distractions as a basis for not regulating phone use. Obviously, people have to drive their kids around. On the other hand, I hope cops will stop people who are driving with their knees while they eat, put on makeup, etc. Finally, as #10 points out, banning phone use while driving doesn’t violate the John Stuart Mill rule, since it’s not so much protecting the phone-talking drivers from themselves as it is about protecting the rest of us from them. The bottom line for me is that we all got along fine without phones in cars until 10-15 years ago, and we could do so again.
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JB
Jul 24, 2009 9:49 AM CST
I’m a lawyer who is also a commercial pilot. I am trained to, and able to, operate a multi-engine aircraft, read approach charts, scan for traffic, monitor the flight instruments, remain on altitude and heading, all at 100+ MPH while monitoring the radios and communicating with air traffic control. Driving on a car while talking on a cell phone is child’s play by comparison. Others should make their own decisions - but don’t assume everyone is equally capable or incapable of multitasking.
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Charlotte Hardwick
Jul 28, 2009 10:08 AM CST
I was in Hollywood, California last month and my host admonished me from using my cell phone in his vehicle while he was driving, saying it was a ticketable offense.
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