Most states, including Louisiana, have taken steps to reduce the number of drivers distracted by their cellphones by enacting bans on some or all cellphone use while behind the wheel.
Are these laws effective when it comes to reducing the number of car accidents caused by cellphone use?
It turns out that, according to one survey, motorists are still texting and driving, especially during the holidays, despite these bans. For example, on Christmas 12.1% of motorists studied reported texting and driving on Christmas, compared to 9.1% during the average weekday. This is despite the fact that approximately 90 percent of voters reported that they would be supportive of measures aimed at reducing cellphone use while driving. People know texting and driving is dangerous, but they continue to do it.
In fact, according to one report, for every 100 drivers, 30% are distracted for less than 5% of the time. However, for every 100 drivers, 10% are distracted for 15% to 20% of the time, and out of every 100 drivers, 5% are distracted for 25% to 30% of the time.
These numbers are alarming considering the well-known dangers of texting and driving, among other distracted driving behaviors. Motorists have a legal duty of care to drive reasonably under the circumstances. If this legal duty is breached, and the motorist causes an accident that injures another individual, the accident victim may be able to hold the at-fault driver liable. However, issues of liability in motor vehicle accidents can be complex, so those wishing to pursue a legal claim following a car accident will want to seek the advice of a professional.