Article of Interest

Distracted Driving in Texas
By: John W. Shaw

According to the Texas Department of Public Safety, as of November 4, 2016, “At least one person has been killed on a Texas road every day for the last 16 years.”

Unfortunately, that statistic is only the beginning of the sordid tale. The reality is downright scary.

Texas Motor Vehicle Crash Statistics

Since November 7, 2000, 55,578 Texans have died on our roadways as the direct result of a traffic crash. That is an average of nearly 10 people a day killed on Texas roads. Compare that with other morbid statistics:

     - U.S. military deaths in the war in Afghanistan (2001-2014) = 2,386;

     - U.S. military deaths in the war in Iraq (2003-2014) = 4,491; and

     - Murders in the City of Chicago (2001-2012) = 5,000

The three death tolls above combined equal less than 12,000. Pointing out this statistic is, of course, in no way meant to minimize any of these deaths, but the numbers speak for themselves. When placed in that context, it is clear that we have a huge problem in Texas that needs to be addressed. Addressing it, however, requires a hard look in the mirror recognizing that as motorists, we are a huge part of the problem.

Increase in Distracted Driving

I don’t know about you, but it is impossible for me to hear the above information and not immediately think of someone using their phone while driving, eating a hamburger, typing a text message, or—the worst situation I have ever seen—reading a book on a Kindle placed on the steering wheel (true story). As with any self-help program, we have to recognize that we have a problem and that the things around us—phones, food, radios, and GPS guidance systems—have a negative impact on our ability to safely drive.

This phenomenon is, of course, generally referred to as Distracted Driving. Here is how Distracted Driving affects us on Texas roads.

According to statistics from April 2015, “Nearly 1 in 5 traffic crashes in Texas is caused by a distracted driver." In that same year, 468 people were killed in a crash attributable to a distracted driver. Using the full-year statistics from 2014, there were 100,825 crashes in Texas involving distracted driving.  That number was up 6 percent from the previous year. While I don’t have the current numbers in front of me, I have personally seen an uptick in people doing ridiculous things behind the wheel and I feel confident in saying those numbers have more than likely risen.

How much impact does distracted driving have on us?

According to the Insurance Institute for Highway Safety (IIHS), two separate epidemiological studies linked talking on a cellphone to a fourfold increase in the likelihood of a crash resulting in an injury to the driver and in the risk of a crash involving property damage but no injury. Two other studies found that the risk of a minor crash severe enough to report to police (don’t worry, the PI lawyer in me won’t waste your time arguing that this is not a minor crash) doubled when drivers were talking on a cellphone compared to when they were not visibly distracted.

Texting While Driving

When texting, the numbers become more alarming. IIHS’s analysis of data from 3,000 drivers who were continuously monitored for up to three years between 2010 and 2013 indicated that crash risk was five times greater when drivers were manipulating a cellphone compared with when they were not distracted. Another study using the same data found that texting alone was associated with a six-fold increase in crash risk relative to when drivers were not distracted or judged to be driving impaired.

I’ll admit freely that I’m no statistician. I am positive that someone smarter than me will read these studies and possibly find fault in their numbers. But, I’m no dolt either, and it is clear to me that driving distracted greatly increases the likelihood of a crash.

So, what can we do about distracted driving?

Several states have enacted varying levels of bans on the use of cellphones while driving. As of 2016, 14 states and the District of Columbia have bans on hand-held phone conversations while driving. Forty-six states and the District of Columbia have banned texting and driving for all drivers. Texas and New Mexico have bans that prohibit texting only for novice drivers.

Texas, however, has no statewide law banning the use of cellphones while driving. The Transportation Code does prohibit the use of a wireless communication device while operating a motor vehicle in a school crossing zone unless the vehicle is stopped or the wireless communication device is used with a hands-free device. And, for those of you who were curious, a school crossing zone means “a reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies. Therefore, if you are in a school zone outside of the times during the reduced speed limits, there are no restrictions on your use of the phone.

Municipalities have stepped in

While statewide legislation has failed, 96 municipalities throughout the state have enacted some form of cellphone ordinance. Those ordinances fall into three categories:

     1.  Ban on all uses of wireless communications devices while driving;

     2.  Ban on texting while driving; and

     3.  Ban on texting and other manual uses of wireless communication devices while driving.

Fines for violating these statutes range from $200 to $500.

Are distracted driving bans the answer?

The short answer, is yes, they can be. According to researchers at the University of Alabama Birmingham School of Public Health, texting bans were significantly associated with a 3 percent reduction in traffic fatalities among all age groups studied. With the sample that they studied, that equated to 19 deaths prevented per year in states with such bans. Laws that banned young drivers from texting were the most effective at reducing deaths among the 15 – 21 year old group, with an associated 11 percent reduction in traffic fatalities among that age group. While any reduction in fatalities is a positive, states with bans prohibiting the use of cellphone without the use of hand held devices on all drivers saw a significant reduction in fatalities among young people and adults above the age of 21.

There is no question that distracted driving greatly increases the likelihood that we are going to hurt ourselves or others. Unless and until we can control ourselves and fight the urge to drive distracted, legislation and stiff fines may be the only thing that can break our dangerous habit.

John is a personal injury lawyer with the Patterson Law Group in Fort Worth, Texas, where he represents Texans who have been injured by the negligence of someone else. This article was reprinted with permission from John and was originally published here.   

Views and opinions expressed in eNews are those of their authors and not necessarily those of the Texas Young Lawyers Association or the State Bar of Texas.