The Problem
Accidents happen. However, when it comes to accidents involving distracted drivers, many of them could have been prevented. In 2021, Michigan had 16,543 accidents that involved a distracted driver. Of those 16,543 crashes, fifty-nine of them were fatal. Of the 16,731 distracted drivers in crashes, 16.5 percent were distracted by cell phone use, 10.9 percent by some other electronic device (e.g. navigation aid, book player), 5.5 percent by a passenger, 35.3 percent by some other activity inside the vehicle (e.g. eating, drinking, personal grooming), and 31.7 percent by an activity outside the vehicle. The top five counties in Michigan for distracted driving crashes were Wayne (2,480); Oakland (2,207); Macomb (1,705); Kent (1,572); and Kalamazoo (625). NHTSA has defined distracted driving as “anything that diverts the driver’s attention from the primary tasks of navigating the vehicle and responding to critical events. To put it another way, a distraction is anything that takes your eyes off the road (visual distraction), your mind off the task of driving (cognitive distraction), or your hands off the wheel (manual distraction)”
There are three main types of distraction:
- Visual – taking your eyes off the road
- Manual – taking your hands off the wheel
- Cognitive – taking your mind off the drive
Texting is the most alarming distraction because it involves all three types of distraction.
Distracting activities include:
- Texting or messaging
- Checking social media
- Talking on the phone, even hands-free
- Watching videos
- Eating, drinking, or smoking
- Grooming
- Looking after children or pets
- Chatting with passengers
- Searching or reaching for an item
- Looking at crashes or roadside sights
- Checking a navigation system
- Reading anything, including maps
- Adjusting climate or music controls
- Listening to loud music
How not to be distracted:
- Use your phone’s Do Not Disturb feature or an app to silence calls and texts.
- Put your phone in the glove box or elsewhere to curb the urge to look at it.
- Avoid eating, drinking, and smoking while driving.
- Never attempt to read while driving, including a map.
- Do not do any personal grooming or adjust your clothing while driving.
- Avoid a lot of interaction with passengers.
- Emotions can interfere with driving. Do not drive when you are angry or upset.
- Keep music at a reasonable level, and avoid using headphones or earbuds.
- Pull over to a safe location and park your vehicle if you need to make or take a call.
- Do not drive with a pet on your lap.
- Ask a passenger to help navigate, change the music, or monitor your texts.
- Pull over to a safe place to address situations involving children.
- Do not daydream when you are behind the wheel.
The Solution
Governor Gretchen Whitmer recently signed into law a bill making it illegal to manually use a cell phone or other mobile electronic device while operating a vehicle on Michigan roads. Under the law, a driver cannot hold or support a phone or other device with any part of their hands, arms, or shoulders.
Even if a cell phone or other device is mounted on your dashboard or connected to your vehicle’s built-in system, you cannot use your hands to operate it beyond a single touch.
As a result, you cannot manually do any of the following on a cell phone or other electronic device while driving.
- Make or answer a telephone or video call.
- Send or read a text or email message.
- Watch, record, or send a video.
- Access, read, or post to social media.
- Browse or use the Internet.
- Enter information into GPS or a navigation system.
The law makes holding or manually using a cell phone or other mobile electronic device while operating a vehicle a primary offense—which means an officer can stop and ticket drivers for this violation.
The hands-free law took effect on June 30, 2023.
Tips
How not to be distracted:
- Use your phone’s Do Not Disturb feature or an app to silence calls and texts.
- Put your phone in the glove box or elsewhere to curb the urge to look at it.
- Avoid eating, drinking, and smoking while driving.
- Never attempt to read while driving, including a map.
- Do not do any personal grooming or adjust your clothing while driving.
- Avoid a lot of interaction with passengers.
- Emotions can interfere with driving. Do not drive when you are angry or upset.
- Keep music at a reasonable level, and avoid using headphones or earbuds.
- Pull over to a safe location and park your vehicle if you need to make or take a call.
- Do not drive with a pet on your lap.
- Ask a passenger to help navigate, change the music, or monitor your texts.
- Pull over to a safe place to address situations involving children.
- Do not daydream when you are behind the wheel.
The National Highway Traffic Safety Administration also gives some helpful hints to parents involving distracted driving and their children.
Consequences for breaking the hands-free law include:
1st violation
$100 fine and/or 16 hours of community service.
2nd or subsequent violations
$250 fine and/or 24 hours of community service.
3 violations within a 3-year period
Complete a driving-improvement course.
Fines doubled
If a traffic crash occurs and the at-fault driver was holding or manually using a mobile device while operating the vehicle, any civil fines will be doubled.
Results
While it hasn’t been long, we can already see the difference the new hand-free law is making. A study conducted by Cambridge Mobile Telematics is showing a decrease in distracted driving in Michigan since the hands-free driving law was implemented.
Cambridge Mobile Telematics (CMT) conducted a nearly two-month-long study using cell phone data from 1 million car trips from June 1 through July 30.
The study estimates that there was an 11.2% reduction in distraction in Michigan since June 30. CMT estimates that reduction has helped prevent 650 crashes, two deaths and $15.5 million in economic damages.
“We are extremely encouraged by the initial results of Michigan’s hands-free legislation,” said Steve Kiefer, Chairman of The Kiefer Foundation and Chairperson of CMT’s Road Safety Board. “These life-saving laws are especially critical during the 100 Deadliest Days of Summer when crashes and fatalities typically increase by 15%. We hope the recent results from Michigan and Ohio inspire the remaining 21 states to enact similar legislation that reduces distracted driving, prevents crashes, and saves lives.”
The study was conducted using “phone motion distraction” data, which is when “the phone is rotating with the screen on while the vehicle is moving.”
Prior to the hands-free law going into effect in Michigan, CMT found that there was an average of 1 minute and 47 seconds per hour on the road drivers were handling their phones.
When the study concluded at the end of July, the average dropped to 1 minute and 32 seconds, an 11.2% decrease.
The trend uncovered in the study is similar to other states who have implemented hands-free driving laws.
CMT tracked eight other stands who implemented hands-free laws between 2018 and 2021. Those states also saw an initial decrease in distracted driving over a three-month period, but saw an overall increase in distracted driving by the end of 2022.
CMT says that the increase demonstrated the “need for continued measurement and programs.”
If you or someone you know has been injured in an accident involving a distracted driver contact Michiganlawsuit.com immediately and visit Michiganlawsuit.com/tools for helpful information and resources.
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