Gov. David Paterson recently signed legislation banning texting or the use of a keypad on any electronic device while driving. The ban starts November 1, 2009. The maximum penalty for breaking this new law is a $150 fine, which can only be applied if the driver also committed another infraction. New York banned the use of handheld cell phones while driving eight years ago, but it is still legal to drive while talking on a speakerphone.

All these bans are based on studies showing that drivers are much more likely to cause accidents if they are distracted by using telephones and texting devices. Texting seems particularly dangerous. The research shows that texting behind the wheel is more dangerous than driving while under the influence of alcohol or cannabis. Research carried out on young drivers (aged 17-24) using a simulator found that reaction time slowed by 35% when they were writing or reading text messages while driving. In comparison, reaction time deteriorated by 21% for those under the influence of cannabis, and by 12% at the legal alcohol limit. Transport Research Laboratory (TRL) also found that steering control worsened by 91% for those who were distracted by texts, compared to 35% when cannabis was involved. The tests also showed that texters were less able to maintain safe distances from other cars and they tended to drift out of their lane more often. When texting, drivers are distracted by taking their hand off the wheel to use their phone, by trying to read small text on the phone display, and by thinking about how to write their message. This combination of factors resulted in the impairments to reaction time and vehicle control that place the driver at a greater risk than having consumed alcohol to the legal limit for driving.

As for talking on the cell phone while driving, Carnegie Mellon University scientists have shown that just listening to a cell phone while driving is a significant distraction, and causes drivers to commit some of the same types of driving errors that can occur under the influence of alcohol.

Drivers need to keep not only their hands on the wheel; they also have to keep their brains on the road.

When our clients are struck by a driver texting or using a cell phone, it makes for an easy case --- juries understand that texting and cell phones are distracting and unreasonably dangerous.

If you are texting and talking on your cell phone while driving, and you cause an accident, you will also make an easy target for a lawsuit --- so think twice before you text or dial again behind the wheel!