Chicago DUI attorney isn't surprised that new distracted driving laws may not be working

This Chicago DUI attorney has posted here, here, and here about distracted driving.  Today, she watched it up close and personal.  She was with her husband, who was driving and didn’t have his Bluetooth operating when a call came through for him.  He then tried to drive and turn the Bluetooth on, it failed.  He eventually passed the phone to me and she told the caller we would call him back in a few moments.  She then set up the Bluetooth and dialed the friend for her husband.

Unfortunately, the Secretary of Transportation has his “knickers in a twist” about some recent studies suggesting that the Distracted Driving Laws could cause more accidents.

From ihis.org:

HLDI researchers calculated rates of collision claims for vehicles up to 9 years old during the months immediately before and after driver texting was banned in California (January 2009), Louisiana (July 2008), Minnesota (August 2008), and Washington (January 2008). Comparable data were collected in nearby states where texting laws weren't substantially changed during the time span of the study. This controlled for possible changes in collision claim rates unrelated to the bans — changes in the number of miles driven due to the economy, seasonal changes in driving patterns, etc.

"Texting bans haven't reduced crashes at all. In a perverse twist, crashes increased in 3 of the 4 states we studied after bans were enacted. It's an indication that texting bans might even increase the risk of texting for drivers who continue to do so despite the laws," says Adrian Lund, president of both HLDI and the Insurance Institute for Highway Safety.

HLDI's new findings about texting, together with the organization's previous finding that hand-held phone bans didn't reduce crashes, "call into question the way policymakers are trying to address the problem of distracted driving crashes," Lund adds.

Noncompliance is a likely reason texting bans aren't reducing crashes. Survey results indicate that many drivers, especially younger ones, shrug off these bans. Among 18-24 year-olds, the group most likely to text, 45 percent reported doing so anyway in states that bar all drivers from texting. This is just shy of the 48 percent of drivers who reported texting in states without bans. Many respondents who knew it was illegal to text said they didn't think police were strongly enforcing the bans.

"But this doesn't explain why crashes increased after texting bans," Lund points out. "If drivers were disregarding the bans, then the crash patterns should have remained steady. So clearly drivers did respond to the bans somehow, and what they might have been doing was moving their phones down and out of sight when they texted, in recognition that what they were doing was illegal. This could exacerbate the risk of texting by taking drivers' eyes further from the road and for a longer time."

Using a driving simulator, researchers at the University of Glasgow found a sharp decrease in crash likelihood when participants switched from head-down to head-up displays. This suggests that it might be more hazardous for a driver to text from a device that's hidden from view on the lap or vehicle seat.

Perhaps there were sufficient laws already to deal with this issue that covered a wide-range of bad driving including eating, reading the newspaper, or changing the station on the radio.