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DTCI: Hands-free cell calls while driving are not safer

James W. Hehner
September 1, 2010
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DTCI-Hehner-JamesIt is hoped that you had the opportunity to read an article written by my friend, Dave Temple, regarding the dangers of using your cell phone or PDA while driving, which was published in the March 17-30, 2010, edition of the Indiana Lawyer. Dave’s article caused me to wonder whether a hands-free device – such as speakerphone or headset – makes cell phone use safer while driving.

After all, in recent years many states around the country have enacted laws requiring drivers to use hands-free devices for their cellular telephones while operating a vehicle. These laws would lead most of us to believe that the use of hands-free devices is safer than using your hand to hold a phone while driving. You might be surprised to find that scientific studies do not support the conclusion that hands-free devices are safer. In fact those studies demonstrate exactly the opposite.

A University of Utah research study demonstrated that “[b]oth handheld and hands-free cell phones impaired driving, with no significant difference in the degree of impairment. That ‘calls into question driving regulations that prohibited handheld cell phones and permit hands-free cell phones,’ the researchers write.” The University of Utah News Center, “Drivers on Cell Phones are as Bad as Drunks” (2006), at www.unews.utah.edu/p/?r=062206-1.

The University of Utah study found that “[m]otorists who talk on either handheld or hands-free cell phones drove slightly slower, were 9 percent slower to hit the brakes, displayed 24 percent more variation in following distance as their attention switched between driving and conversing, were 19 percent slower to resume normal speed after braking and were more likely to crash.” In fact, three of the study participants actually rear-ended the pace car. Id.

A white paper released by the National Safety Council in March 2010 entitled “Understanding the Distracted Brain: Why Driving While Using Hands-free Cell Phones Is Risky Behavior” revealed that driving while talking on a cell phone – whether a handheld or hands-free device – increases the risk of injury and property crashes fourfold. National Safety Council, “Understanding the Distracted Brain: Why Driving While Using Hands-Free Cell Phones is Risky Behavior” (2010), at www.nsc.org/safety_road/Distracted_Driving/Pages/CognitiveDistraction.aspx.

Amazingly, the University of Utah study found that the level of impairment from using a cell phone while driving is the same as driving with a blood alcohol limit of 0.08 percent. “Drivers on Cell Phones Are as Bad as Drunks.” No responsible driver would ever get behind the wheel of a car with 0.08 percent blood alcohol content; however, that same driver might think nothing of jumping into his vehicle and carrying on a conversation on his cell phone.

The evidence is clear that using a cell phone with or without a hands-free device is dangerous. The next time you get into your vehicle consider turning off your phone before you begin driving and allow your calls go to voicemail; after all, that’s what voicemail is for.

Tell your friends, family, and clients that you will no longer use the phone or take calls while driving. Talk to your children and try to explain to them the dangers of using a cell phone while driving. Employers should consider having a written policy that prohibits employees from using a phone or PDA while driving.

The safest choice is to not use a cell phone while driving. Do not delude yourself into thinking that a hands-free device is a safer alternative. Help protect yourself and others and turn off your phone the next time you get in your car.•

__________

Jim Hehner is a partner in the Indianapolis firm of Hehner & Associates and is on the board of directors of DTCI. The opinions expressed in this article are those of the author.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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