Should Washington State Make Driving With Cell Phone a Primary Offense? l Seattle Accident Attorney

The Seattle Times reports that Washington State Senator Tracey Eide (D – Federal Way) has introduced a bill to make using a cell phone while driving a primary offense.  Currently, a police officer cannot stop a motorist for talking on the cell phone while driving unless the driver has committed some other infraction.  By making the cell phone while driving a ”primary offense” it would allow a police officer to stop a motorist for this infraction alone. 

The citation will carry a fine of $124.  Only 4 other states and the District of Columbia have made using a cell phone while driving a primary offense.

Senator Eide states that driving while talking on a cell phone is equivalent to driving drunk.  She states that studies show that a person who uses a cell phone takes his eyes off the road for at least 6 seconds (about the distance of the length of a football field).  Senator Eide also references other studies that show that a cell phone user is 4 times more likely to cause an accident than a driver who is not using a cell phone.

Not everyone agrees with the bill. Senator Don Benton (R-Vancouver) says that using a cell phone is no more of a distraction than someone putting on make-up, or eating, or drinking coffee while driving.  So do we include every one of these distracting behaviors in the bill too?  Senator Benton suggests that this bill is just another hidden “tax” designed to make more money for the government.

On the one hand, I’m all for passing legislation that will increase public safety and reduce accidents.  But I have to question whether this new law will have any significant effect on getting people to avoid using their cell phones in their cars.  I’ve spoken to a few Washington State Patrol officers who say that the current law has not changed how often drivers use their cell phones.  Will this new law then make a difference?  Tough to say.

On the other hand, I do understand Senator Benton’s argument.  The bill is meant to reduce just one type of behavior that causes a distraction.  Should we then include every other behavior that also causes drivers to become distracted?  Seems like a ridiculous slippery slope to me.  I don’t like the government micro-managing my life, and using numerous opportunities to fine drivers to create revenue.

Perhaps we should pass a law that imposes a heavy fine or even jail time on those drivers who do cause an accident while using a cell phone.  It might be tough to prosecute since you may not know in most accidents that the at-fault driver was using a cell phone.  But I think it’s worth considering.

I do know that using a cell phone while driving is an added distraction that increases the likelihood of an accident.  But this behavior is likely no different from any of the other distraction-causing behaviors that drivers commit every day like putting on make-up, eating, drinking, or even talking to a passenger in the vehicle.

Related Posts:

This entry was posted in Seattle traumatic brain injury blog, texting while driving, Uncategorized and tagged , , , , , , , , , , , , , . Bookmark the permalink.

One Response to Should Washington State Make Driving With Cell Phone a Primary Offense? l Seattle Accident Attorney

  1. According to the National Highway Traffic Safety Administration driver inattention is the leading factor in most crashes. Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event. Primary causes of driver inattention are distracting activities, such as cell phone use, and drowsiness.

    The question becomes, does the cell phone industry pressure lawmakers to set aside the safety of citizens for the money side of the equation?

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>