Fatal Distraction? Cell Phones and Driving
Just listening to a cell phone while driving is a significant distraction, and it causes some of the same types of mistakes as drunk drivers make, according to scientists at Carnegie Mellon University.
The new study reports that simply listening to a cellphone distracts drivers. Several states ban drivers from using cellphones while driving but allow hands-free cellphone use. Most drivers think hands-free cellphone use is safe, however new studies show it can be just as distracting. Neuroscientist Marcel Just found that "Listening while driving led to a significant deterioration in driving accuracy." Why is cellphone use important in you’re a car wreck case? Georgia uses comparative fault in deciding cases. Smart insurance defense lawyers always try to shift the focus to the plaintiff and what he or she was doing at the time of the wreck. On the other hand, using the fact that the defendant was using a cellphone is very good evidence that they were simply not paying attention to the roadway, thus proving your case.
Other studies have shown what is called "inattention blindness" caused by cellphone use. These studies further show that cellphone usage affects drivers more than if they were driving at a .08 blood alcohol level . The bottom line is that you may be more impaired using a cellphone than driving drunk. This is also an example of why you should start your case as soon as possible to get those cellphone records.
Several trial court judges around Georgia have allowed evidence of cell phone use in the pursuit of punitive damages against drivers who were talking on cell phones at the time of the car accident.
The bottom line is that “Talk isn't always cheap”, as International Paper Co. learned recently when it agreed to pay $5.2 million to settle a personal injury suit related, at least in part, to one of its employees' use of a cell phone while driving.
