San Francisco Injury Lawyer Blog

In my last posting, entitled "California Cell Phones While Driving - New Laws", I noted the new cell phone laws that will affect drivers throughout the State of California, beginning in July of 2008. Currently, there are only 5 states in the entire country that have enacted state-wide laws that prohibit the use of hand held mobile phones while driving, according to the Governors Highway Safety Association. Those states are California, Connecticut, New Jersey, New York and Washington.

In February of 2005, a school bus driver in Maryland was charged with negligent driving after talking on a cell phone as the bus went down a 25 foot embankment, and thankfully, no serious injuries were reported. Believe it or not, laws have been enacted in 15 states that prohibit a school bus driver from using a cell phone (except for emergencies) when passengers are present, which I find remarkable. Maryland is not one of the states that currently bans school bus drivers from cell phone usage.

Whether or not a given state enacts legislation that bans cell phone usage while driving is currently a decision that each state makes on its own. Any responsible school district or private company, however, ought to have strict policies regarding cell phone usage for those who transport children to and from school, notwithstanding the law of that state. It is simply unimaginable that a bus driver, entrusted with the safety and well being of children would chat on a cell phone while driving.

For more information on the cell phone driving laws, please see the website for the Governors Highway Safety Association.

In 1997, the National Highway Traffic Safety Administration (NHTSA) conducted a study regarding the safety implications of driving an automobile while using a cell phone. In the past ten years, the increase in cell phone usage has increased dramatically, resulting in distractions to more drivers than ever before. The dangers of inattentiveness while driving a car may seem obvious, but should not be understated.

When even minor distractions while operating an automobile can cause serious injury or death, the consequences of engaging in today’s advanced technology of dialing, text-messaging and even talking, can be grave.

New cell phone laws take effect in the State of California on July 1, 2008. California Vehicle Code Section 23123 will prohibit drivers from using a handheld wireless telephone while operating a motor vehicle. In addition, California Vehicle Code Section will prohibit drivers who are under the age of 18 to even use a hands-free telephone while driving. These laws will ideally help California drivers, who should be mindful of the distractions and dangers that operating new technology can cause.

For more information on the new cellular phone laws in the State of California, please see the website for the California DMV. For more information on the November 1997 NHTSA Study, please refer to the the NHTSA.