Over 3,000 Americans died due to distracted driving crashes in 2019 according to the National Highway Traffic Safety Administration (NHTSA) — that's nearly 10% of all road fatalities for that year.
Distracted driving is particularly dangerous for teenagers. In fact, the organization says teens are 23 times more likely to get into a car accident while texting than while they're focused on the road. Drivers aged 15-20 represented 9% of all those killed by distracted driving, compared to an average of 6% across all the other age groups. This puts young drivers at the highest risk for a fatal distracted driving incident.
The use of cell phones behind the wheel is a growing concern. Here's how states are handling the issue.
Texting While Driving Laws
Currently, 48 states, as well as D.C, Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands, prohibit text messaging while driving. That ban applies to all drivers, regardless of age or novice status. Missouri and Montana are the only two states that don't have a ban on texting while driving for all drivers. Missouri does ban drivers under 21 from texting while behind the wheel, but Montana has no ban at all. A bill to prohibit distracted driving was introduced in Montana in 2015, but it was defeated by one vote and hasn't been revisited since.
The Governor's Highway Safety Association's 2021 chart of distracted driving penalties by state notes that in 44 states, the penalty is a primary offense. That is, you only have to be texting to be charged, you don't have to be committing any other offense or be involved in a crash. In four states, the offense is secondary, meaning you will be charged if you cause a crash while driving distracted.
Using a Handheld Device While Driving Laws
There are now 24 states, as well as D.C, Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands, that ban all handheld device usage by drivers of any age. This is up from 16 states in 2019.
In Texas and Louisiana, there is a ban on handheld use in school zones. Louisiana also bans cell phone use for learner and intermediate drivers, as does Oklahoma. In Arkansas, 18-20-year old drivers are not allowed to use cell phones, and drivers can be punished if they have an accident in school or work zones while using their handheld device.
The remaining 22 states don't specifically ban handheld use while driving. These include:
Alabama
Alaska
Colorado
Florida
Iowa
Kansas
Kentucky
Michigan
Mississippi
Missouri
Montana
Nebraska
New Mexico
North Carolina
North Dakota
Ohio
Pennsylvania
South Carolina
South Dakota
Utah
Wisconsin
Wyoming
Could Textalyzer Technology Be a Thing?
Some states, most notably Nevada and New York, are considering allowing police to scan cell phones using "textalyzer" technology to determine if a phone was in use leading up to a crash.
The "textalyzer" — named after the blood alcohol breath testing tool the breathalyzer — is manufactured by Cellebrite in Israel. It analyzes the mobile device to determine its recent usage. Some opponents to this software cite privacy and civil rights concerns in using this technology.
Road safety experts, including the NHTSA, point out that police are able to determine the role of distracted driving using other tools including cell phone records, eyewitness accounts, and even data from the vehicles involved in an incident, among other investigative techniques.
Limiting Other Distractions
Cell phones are only one of the distractions on our roads today. Dr. Nichole Morris, a researcher at the University of Minnesota, told The New York Times that collision rates go up by 44% when teenagers carry just one unrelated passenger.
In all states except Florida, Mississippi, Iowa, North Dakota, and South Dakota, novice drivers can only carry a limited number of passengers, usually one.
Music is another issue, and 16 states have now banned wearing headphones or earbuds when driving.
Eating or drinking behind the wheel also poses a risk, and while it is legal to eat or drink non-alcoholic beverages while driving in most cases, doing so can lead to penalties if it results in a crash. For example, Washington passed a distracted driving law that allows officers to give drivers a $99 ticket for eating, smoking, grooming, or reading if they commit any other traffic violation while distracted by those activities.
Get Trained the Right Way
Taking part in defensive driver training can limit your risk of being a victim of a distracted driver. Young drivers who train with quality, accredited driving schools like Aceable learn valuable skills they can use to protect themselves.