The Virginia Tech Transportation Institute recently completed a national study on cell phone use and driving distraction that adds to the mounting body of evidence that driving while dialing, talking or texting is dangerous, if not deadly.  The findings come as no surprise to experienced car accident lawyers, namely that distracted drivers are a substantial cause of motor vehicle accidents.

Specifically, the results of the study show that the risk of collisions involved in “driving while texting” (i.e. sending text messages on a phone) was 23 times greater than when not texting.  The risk of vehicle accidents associated with dialing a cell phone while driving was not as severe, but was still 6 times greater than not dialing a cell phone.  The result of this study is clear:  distracted drivers are indeed more likely to cause motor vehicle accidents.

Distracted drivers are the source of many catastrophic car and truck accidents around the country.  In Illinois, the state’s Department of Transportation (IDOT) attributes more than 1000 accidents in 2008 to distracted drivers.  The Illinois Secretary of State defines “distracted driver” as someone who is  “delayed in the recognition of information needed to safely accomplish the driving task, because something within or outside the vehicle draws his attention away from driving. The presence of a triggering event distinguishes a distracted driver from one who is simply inattentive or “lost in thought.””

As the Virginia Tech study makes clear, cell phone usage, including texting, dialing or speaking, is a “triggering event,” which causes thousands of serious auto accidents each year.  Other triggering events causing serious car crashes  include changing the radio station, reprimanding the kids in the back or putting on make-up while driving.

The resulting accidents range from mere fender benders to fatal, multi-vehicle accidents.  Distracted truck drivers, due to the size and weight of their tractor-trailers, are often the source of massive, catastrophic accidents.   In addition to civil liability, distracted driving resulting in severe injury or death may be considered criminal negligent homicide.

There are two important pieces of legislation in Illinois that seek to ban distracting activities such as texting while driving, and to punish distracted drivers who cause fatal accidents.  Illinois Rep. William Blake, R-Danville sponsored legislation that seeks to create a misdemeanor category of negligent vehicular homicide, which could result in up to a year in jail and a $2,500 fine. This legislation is still pending.

More recently, in May of this year, the Illinois House passed House Bill 71 and it now sits with Illinois Governor Patrick Quinn.  If signed into law, HB71 will amend the Illinois Vehicle Code so that motorists are banned from sending, receiving or reading text messages, emails or instant messages on electronic devices while driving.  Electronic devices include, but are not limited to, cell phones, PDAs and computers. However, GPS systems, and devices “physically or electronically integrated into the motor vehicle” are NOT considered “electronic devices.”

The legislation makes allowances for exceptions, such as emergencies or if the driver is using a “hands-free or voice activated device” in accordance with current city ordinances.  The nuances and subtleties of current and pending legislation make it even more important to contact an experienced motor vehicle accident lawyer in Chicago about your case.