When someone is accused of causing a serious accident, it is usually left up to various investigators to determine how it occurred. Rarely do at-fault drivers say something like, “I was texting the entire time I was driving this morning,” or “It’s all my fault.” Usually, even if their fault is evident, they aren’t likely to make it worse by admitting they were distracted by their phone, for instance. And this, experts say, is part of the reason we don’t have an accurate picture of how many accidents are caused by cell phone use.
A recent study from the National Safety Council suggests that distracted driving appears to be significantly underreported. The study reviewed nearly 200 accidents between 2009 and 2011 in which the driver was using a cellphone at the time of the accident. Of those, only half of the 2011 accidents were coded in the NHTSA’s database as having involved cellphone use. While this marks an improvement from years past (with 8% being coded as involving cellphones in 2009 and 35% in 2010), underreporting still represents a problem.
“We believe the number of crashes involving cellphone use is much greater than what is being reported,” said Janet Foetscher, the CEO and president of the NSC. “Many factors, from drivers not admitting cellphone use to a lack of consistency in crash reports being used to collect data at the scene, make it very challenging to determine an accurate number.”
In 2011, only 385 of 32,000 traffic deaths overall were listed as involving cell phones. Even to someone who isn’t a traffic safety expert, that number seems low.
To make the most of distracted driving campaigns and even distracted driving legislation, an accurate picture of the problem is necessary. But getting an accurate picture of cell phone use is problematic.
To be certain whether a driver was using a cell phone at the time of a crash, police either need for the driver to admit it or they need cellphone records. And cellphone records aren’t easy to obtain. Getting a subpoena takes time and effort, and when someone is already being charged or held civilly responsible for the accident, the added effort isn’t always justifiable to prosecutors.
As a driver, you have a responsibility to reduce the number of distracted driving accidents—we all do. And when an accident happens that is beyond your control, you have a responsibility to hold the other driver accountable. We can help.
New York and New Jersey Car Accident Lawyers
The accident attorneys with Ginarte represent people who are hurt in car accidents, construction accidents, distracted driving accidents, and more. If you’ve been seriously injured in any accident that wasn’t your fault, contact us today. Call (888) GINARTE today.