Distracted driving accidents continue to increase despite laws and massive publicity.
“Even with many states passing the anti-texting laws, which prohibit a driver from texting while driving, the number of car accidents caused by a negligent driver texting while driving has not decreased. Simply put, these laws have not been as effective as hoped in preventing this behavior.”
National Law Review – May 3, 2023
Barreling down the highway at full speed, cars weave in and out of traffic, ignore “road construction ahead” signs, and cut each other off at the last millisecond before exiting. Even more, what else are drivers doing?
- Nearly one-third of all U.S. drivers 18 to 64 years old admit they have read or sent text or email messages while driving.
- Texting and reading text or email messages while driving and other distracted driving behaviors lead to more than 420,000 injuries and more than 3,100 deaths every year in the United States.
- Simply knowing the risks of distracted driving has not yet translated into reducing the behavior.
New Hampshire’s “Hands Free” Law”
Prohibits use of any hand-held mobile electronic device” while driving or stopped in traffic or light. Also includes ban on viewing or posting messages, conducting conversation, accessing internet, inputting GPS, holding cell phone or other electronic device. Exceptions:
Vehicle “pulled to the side of or off the road”
Calls to 911 or other law enforcement.
Penalties:
- First offense: $100 plus penalty assessment
- Second offense: $250 plus penalty assessment
- Any subsequent offense: $500 plus penalty assessment
Furthermore, for those under 18:
No electronic devices even hand-free. (911 exception)
Above penalties PLUS license suspension and revocation
OK:
Hands-free GPS directions
2-way radios: one-hand only
Massachusetts “Hands Free” Law
Prohibits drivers from holding, using, speaking on any electronic device unless in hands-free mode.
Prohibits reading or viewing text, images or video displayed on a mobile electronic device.
Using a GPS allowed on a device mounted on or affixed to a vehicle’s windshield, dashboard or center console in a manner that does not impede the operation of the motor vehicle.
An operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of the public way intended for travel by a motor vehicle or bicycle.
Use of a mobile electronic device in response to an emergency shall be an affirmative defense to an alleged violation of this section.
Penalties:
- First offense: $100. But, not a surchargeable event.
- Second offense: $250. But, not a surchargeable event.
- Any subsequent offense: $500. Surchargeable event.
This and many other hands free laws went into effect in hopes of reducing the number of distracted driving accidents
“And yet, in Massachusetts, the number of distracted crashes has risen 170 percent from 2014-2016.”
Distracted Driving Accidents
In one case a distracted driver defendant admitted looking down to check a text and “the next thing you know I crashed.” During the time he spent looking down at a text message, rather than paying attention to the road, he drove across the median, which was approximately the width of two lanes and drove into the opposite lane of traffic. The distracted driver’s SUV struck a car causing severe permanent injuries to a young boy in that car. Those injuries included a traumatic brain injury, loss of an eye socket and a fractured & dislocated jawbone.
The distracted driver appealed his conviction, claiming evidence fell short of the legal standard for “recklessness”. But the court disagreed:
“… looking down to check a text message for the length of time it took to cross over the median, enter into the oncoming travel lane, nearly hit one vehicle, and hit two others, without braking or attempting to evade collision, was a gross deviation from the conduct of a law-abiding citizen, because a law-abiding citizen would not have voluntarily remained inattentive for such an appreciable length of time over such a distance.
New Hampshire v. Belleville
Distracted driving accidents cause serious injuries for all kinds of reasons. In one Massachusetts case dangerous highway conditions resulted from one of those “wintry mix” days where snow, sleet and rain alternate. Nonetheless the driver reached across the passenger seeking a cup of coffee and in the moment of inattention the car veered across the highway, striking an oncoming car, causing serious permanent injury. A negligent operation charge was upheld on appeal in Commonwealth v. DiPimeo.
Another distracted driver argued with an appeals court that using a cell phone while driving was insufficient to support a negligent homicide conviction. But in State v. Dion, the NH court rejected the argument, holding that the inattention to the realities of driving caused by the use of a cell phone while driving was legally sufficient to support a conviction for negligent homicide.
Most noteworthy, the law books continue to fill up with distracted drivers who, after the fact, realize the harm in their conduct.
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