Carol Rosenbloom Associates, LLC | Pittsburgh, Pennsylvania
Cell Phone and Car Accidents Lawyer ● Cell Phone and Auto Wreck Attorney
A common sight on the roadway today is a driver with a cell phone to his/her ear. This type of conduct has expanded to text messaging. However, as of January 1, 2009, it is illegal to read or send text messages while driving in California. On November 10, 2009, the Pennsylvania House Transportation Committee will vote on legislation that would prohibit text messaging while driving. The proposed bill will prohibit teens who have drivers’ permits or junior licenses (those age 16 or 17) from using any wireless communication device, including a cell phone, while driving. The proposed bill does not prohibit drivers age 18 and older from using hand-held phones while behind the wheel.
A 2006 insurance survey showed that teens consider sending text messages via cell phones to be their biggest distraction. Furthermore, a recent University of Utah study reveals that drivers talking on cell phones tend not to keep up with traffic flow. A distracted driver tends to drive slower and have delayed reactions.
At a Glance as of August 2008:
- 6 states and DC ban cell phone use without a hands-free device.
- 6 states allow localities to ban cell phone use.
- 8 states prohibit localities from banning cell phone use.
- 14 states and DC ban the use of cell phones while driving a school bus.
- 17 states and DC ban the use of cell phones by novice drivers.
Alabama
Hand-Held Devices: Allowed
Bus Drivers*: Allowed
Novice Restrictions**: None
Enforcement: N/A
Alaska
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Arizona
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary***
Arkansas
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary
California
Text-Messages: Banned (as of 1/2009)
Hand-Held Devices: Banned (as of 7/2008)
All drivers must use a hands free device**** (except for emergencies, and drivers of emergency response vehicles)
Commercial vehicle drivers exempted from requirement until 2011.
Bus Drivers: Banned (including transit operators)
Novice Restrictions: 18 and Under (as of July 2008)
Enforcement: Primary
An officer in California can stop a person, regardless of age, holding a cellphone and talking on it, but they may not use checkpoints to enforce the all cell ban for drivers younger than 18.
Fines: $20 for a first offense; $50 for subsequent infractions
Colorado
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit, regardless of age
Enforcement: N/A
Connecticut
Hand-Held Devices: Banned (as of 10/1/05)
All drivers on public and private roads must use hands free device, except for emergency situations.
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Under 18
Enforcement: Primary
Fines: $100 for first-time offenders
Delaware
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Intermediate Licenses (unless pulled to the side of the road)
Enforcement: Primary
Florida
Hand-Held Devices: Allowed
However, officers can code "Driver Distraction" as contributing cause and list cell phone in the narrative.
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Georgia
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: N/A
Hawaii
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Idaho
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Illinois
Hand-Held Devices: By Jurisdiction -- Banned in Chicago (as of 7/8/05)
Bus Drivers: Banned
Novice Restrictions: Under 19 and Learner's Permit
Enforcement: Primary
Fines: $50.00 per offense, up to $200.00 if the offending call occurs during an accident
Indiana
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Iowa
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Kansas
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Kentucky
Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary
Louisiana
Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Maine
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate License
Enforcement: Primary
Maryland
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate License
Enforcement: Secondary
Massachusetts
Hand-Held Devices: By Jurisdiction -- Banned in Brookline
Cell phone use is permitted only if it doesn't interfere with the operation of the vehicle and one hand remains on the steering wheel at all times.
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary
Michigan
Hand-Held Devices: By Jurisdiction -- Banned in Detroit
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Minnesota
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Provisional Licenses for the first 12 months after licensing
Enforcement: Primary
Mississippi
Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Missouri
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Montana
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Nebraska
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learners Permit and Intermediate License Holders under 18 , includes Blackberry and other wireless devices
Enforcement: Secondary
Nevada
Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
New Hampshire
Hand-Held Devices: Allowed
However, it is dealt with as a distracted driving issue.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
New Jersey
Hand-Held Devices: Banned, Including Text Messaging (as of 3/01/08)
Hands free cell phone devices are required while operating a vehicle
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Intermediate Licenses
Enforcement: Primary
Fines: $250 for talking on the phone; $100 for text messaging
New Mexico
Hand-Held Devices: By Jurisdiction -- Banned in Santa Fe (as of 2002)
However, Santa Fe lawmakers are considering dropping the city's ban, claiming there is no proof that it helps.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Fine:$101
New York
Hand-Held Devices:Banned
Hands-free cell phone devices are required while operating a vehicle.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Fines: $100 maximum, $50 mandatory surcharge
North Carolina
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Drivers Under 18
Enforcement: Primary
North Dakota
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Ohio
Hand-Held Devices: By Jurisdiction -- Banned in Brooklyn, North Olmstead and Walton Hills. Cleveland is under debate.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Oklahoma
Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Oregon
Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate Licenses (as of 2008)
Enforcement: Secondary
Pennsylvania
Hand-Held Devices: By Jurisdiction -- Banned in Philadelphia (as of 3/1/08), Lebanon, and Conshohocken
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: Primary (in Philadelphia)
Fines: $100 to $250 (in Philadelphia)
Rhode Island
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Under 18
Enforcement: Primary
South Carolina
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A South Dakota
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Tennessee
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Intermediate Licenses
Enforcement: Primary
Texas
Hand-Held Devices: Allowed
Bus Drivers: Banned (when a passenger 17 and younger is present)
Novice Restrictions: Intermediate License Holders
Enforcement: Primary
Utah
Hand-Held Devices: Allowed
However, state law includes “careless driving” offenses, defined as when a driver commits a traffic violation while distracted, including while holding a cell phone.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: Secondary
Vermont
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Virginia
Hand-Held Devices:Allowed
Bus Drivers: Allowed
Novice Restrictions: Intermediate License Holders, Drivers under 18
Enforcement: Secondary
Washington
Hand-Held Devices: Banned (as of July 2008); Text Messaging (as of January 2008) Hands free cell phone devices are required while operating a vehicle.
Bus Drivers: Banned
Bus Drivers: None
Enforcement: Secondary
Fines: $101
Washington, D.C.
Hand-Held Devices: Banned. All drivers (regardless of residency) must use hands-free device. (Except for emergencies and on-duty emergency and police personnel.)
Bus Drivers: Banned
Novice Restrictions: Learner's Permit Holders
Enforcement: Primary
Fines: $100, but first-time offenders can get it suspended by buying a hands-free accessory within a specified time
West Virginia
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate License Holders
Enforcement: Secondary
Wisconsin
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Wyoming
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
A brokerage firm paid $500,000 to the estate of a man killed in Pennsylvania while riding a motorcycle hit by a car driven by one of the firm’s stockbrokers, even though the accident occurred outside of the business hours and the firm owned neither the cell phone nor the car. A jury in Arkansas awarded about 21 million dollars to someone hit in a car accident by an employee using a cell phone. International Paper has agreed to settle a personal in jury lawsuit for $5.2 million dollars, at lease in part, to one of its employees’ use of a cell phone while driving.
A new study has shown that the most common distraction is the use of cell phones followed by drowsiness. If you have been seriously injured or a loved one has died as a result of a collision with a teen driver who may have been text messaging or talking on a cell phone, call a Pennsylvania car accident lawyer at Carol Rosenbloom Associates, LLC, today and schedule a free consultation.
Mobile phones in vehicles can provide some significant safety benefits, but they can also pose a serious risk. Talking on the phone while driving can be a dangerous distraction because it takes a driver’s attention away from the road. You should consider avoiding talking on the phone or using an electronic device while driving unless it is absolutely necessary. You should put your phone on voice mail before you enter your vehicle. You should return calls when you are stopped at a safe location. If you must use your phone, do so at a safe time and place. You should consider moving out of the flow of traffic to a secure place before you call. You should plan your conversation in advance and keep it short.
At Carol Rosenbloom Associates, LLC, we have a thorough knowledge of Pennsylvania personal injury law and more than 40 years of combined experience handling cases involving car . If you have been injured in an auto accident, our attorneys can quickly evaluate your claim and explain your options.
Initial consultations are free. The majority of our services are provided on a contingent fee basis. This means you will pay no attorneys' fees unless we are able to achieve a verdict or settlement on your behalf.
Protect yourself and contact us today
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Carol Rosenbloom Associates, LLC
Toll Free: 1-800-511-2411
carol@callmylawyer.net