Is Cell Phone Use Illegal in My State?

“Distracted driving” is defined as any activity that diverts attention from driving. As smartphones have become a bigger part our lives over the years, the range of potential distractions they can cause has expanded, and distracted driving accidents related to phone use have become a persistent problem.

According to the National Highway Traffic Safety Administration (NHTSA), there were 3,522 lives lost in the U.S. in 2021 because of distracted driving. To address this issue, many states now have laws against texting, talking on a cellphone, and partaking in other distracting activities while driving.

The Different Restrictions From State to State

No state prohibits you from having an electronic device with you in your vehicle. However, all states impose some form of restriction on the ways in which you can use a phone while you’re behind the wheel.

• Bans on holding: Thirteen states, Washington, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands prohibit drivers from holding their phones while driving. Another three states (California, Illinois, and New York) forbid drivers from holding their phones if they’re also using them.
• All Cellphone Ban: Thirty-eight states and D.C. ban all cellphone use by novice or teen drivers. Many states also have stricter distracted driving rules for novice drivers, teenagers, and those driving public transport vehicles.
• Text Messaging Ban: In 2007, Washington became the first state to institute a ban on texting while driving. Now, 49 states, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands ban text messaging for all drivers, according to the Governors Highway Safety Association.
• Allowable hands-free use: Different states have different requirements when it comes to the permissible hands-free use of your phone in your vehicle. In Ohio, for example, hands-free use is defined as any interaction that can be carried out using your voice, or no more than a single swipe or tap under certain circumstances. Washington State permits limited use of the finger to activate or deactivate certain features or functions.

If you’d like to learn more about the specific rules in each state, you can refer to this table published by the Insurance Institute for Highway Safety (IIHS).

Distracted Driving Accident Statistics

According to the National Safety Council (NSC), the proportion of drivers who are using their device behind the wheel at any given moment nationwide more than doubled between 2012 and 2021. However, the number of fatal accidents involving distracted driving fluctuated over the same period.

Studies have shown that reaction times are the biggest issue when it comes to distracted driving. This paper showed there was a significant average increase in the time taken for drivers to respond to external stimuli when they were distracted by cellphones. Furthermore, the authors believed this effect would be even more pronounced in real-life situations.

According to the Centers for Disease Control and Prevention (CDC), sending or reading a text message while driving at 55 mph is equivalent to driving the length of a football field with your eyes closed.

What Happens If I Get Hit By a Distracted Driver?

If you’ve been in a road accident that came about because of another driver’s negligence, you should be entitled to compensation via an insurance claim or a personal injury lawsuit. Also, depending on the rules in your state and the provisions of your insurance policy, you may be entitled to file a no-fault claim with your insurance provider.

You shouldn’t have to take responsibility for reckless driving, of any kind, on the part of another driver. If you were involved in an accident like this, you should consult with a lawyer to discuss your options.

Getting the Help You Need Following a Distracted Driving Accident

Contact the Cochran Firm in Philadelphia today if you’ve had an accident in the area. You can reach us over the phone at 800-969-4400 or get in touch via our online contact form.