Connecticut Injury Attorney Blog

The National Transportation Safety Board (NTSB), an independent agency of the federal government, issued a recommendation this week calling on state governments to ban the non-emergency use of cell phones and other electronic devices by drivers. The NTSB has no specific enforcement powers by itself, but it is the leading government advocate for safety in transportation. As such, its recommendations carry a great deal of weight with lawmakers and other government officials.

The NTSB further recommends the use of "high visibility enforcement" to aid enforcement of such bans. This refers to a model established by the National Highway Traffic Safety Administration (NHTSA), another government safety advocate, involving a publicity campaign surrounding a specific traffic law combined with aggressive and visible enforcement of that law. A famous example is the NHTSA's "Click It or Ticket" campaign supporting seat belt use.

The NHTSA estimates that "distracted driving" contributed to as many as 3,092 automobile accident deaths in 2010, with cell phone use constituting a significant percentage of the "distractions." It also estimates that, at any point in time, one percent of drivers is texting or accessing the internet on mobile devices while driving. This number is likely even higher among young drivers. Driving while texting seems to be on the rise, even as thirty-five states and the District of Columbia have enacted bans on the practice. Whether Americans can overcome their seeming addiction to their mobile devices and focus on driving remains to be seen.

The NTSB's recommendation came as part of its report on an August 5, 2010 multi-vehicle crash in Gray Summit, Missouri that killed two people and injured thirty-five. A pickup truck struck the rear of a semi with no trailer. A school bus then struck the rear of the pickup truck, flipping it onto the back of the semi. A second school bus hit the first bus, driving the first bus further into the pickup truck. The pickup truck driver and a passenger in the rear of the first school bus were killed. Cell phone records and other evidence indicated that the driver of the pickup truck was likely distracted due to texting when he collided with the semi, having sent or received eleven text messages in the space of eleven minutes. Evidence also indicated that the pickup truck driver was fatigued due to long driving hours. The board also found issues with the school buses that contributed to the accident, but distracted driving was found to be a substantial causative factor.