NY Drivers: Hands-Free But Not Danger-Free
New York law prohibits drivers from using a mobile phone to engage in a call while on a public highway and violation of this traffic law is punishable by a fine.
June 26, 2010 /24-7PressRelease/ -- When stuck in rush hour traffic, some people listen to books on tape while others sing along to music. Many people also make phone calls on their commutes -- a quick call to say they are running late or to ask where to stop for takeout on the way home.
However, this little exercise in multitasking can cost drivers. New York law prohibits drivers from using a mobile phone to engage in a call while on a public highway and violation of this traffic law is punishable by a fine. In addition, some say it does not go far enough in protecting those on the road from distracted drivers relying on the hands-free exception to the law. These critics claim that even drivers using hands-free devices pose a danger to other drivers and pedestrians.
The Law and Its Exceptions
Drivers are not permitted to make cell phone calls while driving on public roads. Drivers holding a mobile telephone in the immediate proximity of their ears are presumed to be engaging in a call. Exceptions to the prohibition include:
- Calls made using a hands-free mobile telephone or device
- Telephone calls made to emergency responders, doctors, ambulance companies, or fire or police departments
- Calls made by police officers, members of fire departments, or emergency vehicle operators in the scope of their work
Hands-Free Does Not Mean Distraction-Free
Consumers may pay hundreds of dollars on expensive accessories for their phones, including headsets and wireless earphones. Using these devices or placing the phone on a speakerphone setting may make these drivers feel more confident and safe when making calls on the road.
However, an article by 13WMAZ reports that some studies show hands-free devices are not foolproof against distracted driving. Lt. Mike Stokes, Houston County Traffic Division Supervisor, cautions that while a hands-free device allows both hands to be free to control the vehicle, it still takes the driver's attention away from the road and impairs his or her driving ability.
According to the article, the National Highway Traffic and Safety Administration agrees with Stokes that handheld devices may be slightly worse, but hands-free devices are not risk free. Use of either type of device results in mental distraction significant enough to hurt drivers' performance, making them more likely to miss key visual and audio clues needed to avoid crashes.
A study by the Journal of Safety Research goes even further, stating that performance while using a hands-free phone was rarely found to be better than when using a handheld phone. DWIWatch.org cites a recent study equating the increase in the risk of crashing when driving while using a cell phone to the increase in risk for drivers with a blood alcohol content of .08.
The Journal of Safety Research study concluded that current research does not support the decision to allow use of hands-free phones while driving. The New York City Taxi and Limousine Commission has already banned cell phone use, including use of hands-free devices, for cab drivers.
Potential Liability
Drivers who are distracted from the road by phone calls risk involvement in a crash. The New York statute does not provide for strict liability in the event of an accident. That is, the mere fact that a driver was using making a call on a hand-held phone is not conclusive evidence that the driver was negligent. However, there is nothing to prevent the other party in the accident from requesting cell phone records from the time of the accident and offering them as evidence at trial.
In addition, many automobile policies have provisions that may exclude coverage for drivers acting negligently or driving in violation of traffic laws. In the event a lawsuit is filed or a claim is made, drivers who disobey the law may find themselves excluded from insurance coverage for any ensuing accident. Even drivers who do not break the hand-held law may be found negligent if distraction from a hands-free cell phone device, music player or GPS instrument led to the accident.
Drivers who have been involved in a car accident should contact an attorney to determine whether they have a claim. A lawyer can advise how to proceed and assist with discovery, including demands that the other driver produce cell phone records showing activity at the time of the accident.
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