Illinois Injury Law Blog

Expect an all-out assault on distracted driving from the government in 2012.

Our Chicago wrongful death attorneys note the U.S. Department of Transportation released a December report that indicates more than 3,000 motorists died in distracted driving car accidents in Cook County and elsewhere in the United States in 2010.

-The National Highway Traffic Safety Administration a new measure called "distraction-affected crashes" will be used to track the issue.

Using it for the first time, the government reports 3,092 motorists died in distracted driving accidents. That's down from the more than 5,000 reported in 2009. But the drop has nothing to do with the risks and everything to do with the challenges of tracking distraction-related accidents across all 50 states.

-The National Transportation Safety Board has recommended banning cell phone use by all drivers -- both hands free and handheld. Currently only 8 states ban hand-held cell phone use by all drivers. A number of cities, including Chicago, also prohibit drivers from using hand-held devices while behind the wheel. No state prohibits the use of hands-free devices.

And, while Illinois is among the growing number of states to prohibit drivers from text messaging behind the wheel, there are challenges to enforcing such laws. For starters, the patchwork of laws that exist in all 50 states makes it difficult to inform travelers of state law. And it's tough for law enforcement to tell whether a driver is dialing a phone (which is often legal) or sending an illegal text message.

Government surveys continue to show drivers use cell phones and text while driving -- despite denying it and despite indicating they would not feel safe riding in a vehicle with a driver who was texting or talking on the phone.

"What's clear from all of the information we have is that driver distraction continues to be a major problem," said Administrator Strickland. "We need to maintain our focus on this issue through education, laws, enforcement, and vehicle design to help keep drivers' attention on the road."

The survey found that three-quarters of drivers will answer a ringing telephone while driving. Two-thirds of all drivers will continue driving after doing so. Half of all drivers hold the phone -- fewer than 1 in 5 drivers utilize a hands-free device.

And, despite getting a bad rap when it comes to bad behavior behind the wheel, the government's latest study found that older drivers are just as guilty as teens when it comes to use of electronic devices behind the wheel. More than 80 percent of drivers ages 21 to 34 said they answer the phone while driving -- more than 70 percent of all drivers under the age of 65 admitted doing so.

The biggest difference in behavior as it relates to age came with the attitude of passengers. And sex. Two-thirds or more of adult woman over the age of 25 said they would say something to a driver on the phone if they were riding as a passenger. Only half of younger women said they would confront the driver.

And only about one-third of men of all ages said they would voice their concern.