Long before the invention of the smartphone, driving distractions were a recognized hazard. In 1963, scientists were already conducting studies on how long a driver could safely take their eyes off the road to look at the radio or a passenger. However, the mass adoption of the cellular phone in the late 1990s and early 2000s fundamentally changed the political and legal landscape of traffic safety.
Today, distracted driving is not just a bad habit; it is a public health crisis that claims thousands of lives annually. Yet, the governmental response to this crisis remains a complex, disjointed patchwork of state laws that struggle to keep pace with rapid technological advancement.
The Absence of a Federal Mandate
Unlike aviation or commercial trucking, which are heavily regulated by federal agencies, everyday traffic laws are governed at the state level. There is no nationwide ban on texting and driving. Instead, the U.S. relies on 50 different state legislatures to define what constitutes a “distraction.”
In 2001, New York became the first state to ban drivers from using a hand-held phone. In the two decades since, 48 states have outlawed texting while driving, and nearly 30 states have implemented comprehensive “hands-free” laws. However, the specifics of these laws vary wildly. In some states, a police officer can pull a driver over simply for holding a phone (primary enforcement). In other jurisdictions, the officer must witness another traffic violation, like drifting out of a lane, before they can issue a citation for the phone use (secondary enforcement).
The Shift from Texting to Tapping
The political challenge of legislating technology is that the technology evolves faster than the law. Early legislation specifically targeted “text messaging” or “holding a device to the ear.” But the modern driver is rarely holding a phone to their ear. Instead, they are swiping through Spotify, adjusting Google Maps, or interacting with social media while their phone is mounted to the dashboard.
Legally, is tapping a mounted screen to change a podcast the same as typing a text message? Many outdated state statutes don’t explicitly say. Consequently, legislatures are now having to draft “continuous manipulation” laws to address the reality of touchscreen interfaces.
Civil Liability and the Legal Standard of Care
While these statutes determine whether a driver gets a traffic ticket, they play a much larger role in civil court. When an accident occurs, personal injury law relies heavily on the concept of “negligence per se.” If a driver violates a state safety statute—such as a hands-free law—and causes an accident, they are often automatically presumed negligent in a civil lawsuit. This makes understanding the specific statutes of your jurisdiction absolutely vital. For victims seeking justice, proving that a driver violated a specific local ordinance is the cornerstone of securing a fair settlement. Consulting with established legal professionals, such as the attorneys at Shindler & Shindler, is crucial for navigating how local traffic legislation impacts civil liability.
Conclusion
The fight against distracted driving requires a three-pronged approach: the enactment of clear laws, the education of the public, and rigorous law enforcement. Until state governments can unify their definitions of distracted driving to encompass all modern digital behaviors, the legal system will continue to grapple with the deadly consequences of our connected lifestyles.