To hear lawmakers tell it, bans on texting while driving are enacted to keep roads safe, to decrease accidents, and help people focus on the road. But, while road safety is the rallying call to getting these laws passed, they may have unintended consequences—namely, they may actually increase accidents.
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According to KSL.com, out of Salt Lake City, 75% of states which have passed texting bans have seen accident rates climb rather than fall. So, the laws are making things worse.
How could a ban on texting make the roads more dangerous? Because people are still texting. It seems no law will keep people from the dangerous behavior. However, a ban on texting will motivate drivers to keep their phones lower and out-of-sight to avoid detection.
Keeping the phone out of sight of passing law enforcement means the texting driver must also lower their eyes to compose or read a text. This, is what’s causing more accidents. The texting bands are causing an even greater distraction as texters must change how they text in order to “get away” with it.
This doesn’t mean people should just be allowed to text. Insurance agencies estimate that texting while driving will increase your chances of being involved in an accident by 23 times.
Texting and driving laws vary from state to state. Generally, however, if you are caught texting while driving, you will face a fine. Identifying with certainty, that a driver was indeed texting can be difficult. If the driving behavior crosses a line, and the officer believes lives or property in danger, it could result in a reckless driving charge. Unlike texting and driving, reckless driving is a criminal charge and could result in jail time.
Many people text and drive, believing they are good at it, that an accident won’t happen to them because they have it under control. The truth is, texting can take your eyes off the road for just enough time to end yours, or another person’s life. And even when it doesn’t result in an accident—it could result in criminal charges.
Some would argue that dangerous driving needs to be the only criminal penalty for drivers—whether they are intoxicated or texting. That the bad driving is a crime and not necessarily the legal behavior that leads to it. As things stand, however, texting while driving, drinking and driving, and reckless driving are all separate offenses, and are punishable by criminal sanctions.
If you are charged with a driving offense like this, we may be able to put you in contact with an attorney who can help. Contact our offices today to discuss your case and your legal options.
About David Matson