Strict regulatory legislative framework on the use of cellular communications by motorists is an effective approach to traffic safety system worth government investing. Our daily lives have been immensely transformed by cellular technologies. However, it is statistically evident that its use by motorists while driving significantly contributes to driver-distracted accidents. Therefore, it is imperative that a regulatory regime be developed to curb this menace that has bedeviled our transport safety. This paper proposes a nation-wide legislative framework that would completely criminalize the use of cell phones while driving, across all the states.
Motorists convicted of contravening this law ought to be penalized by criminal sanctions such as revocation of licenses, fines and imprisonment. It further advocates for a finding of absolute liability on a motorist who at the moment of the accident was using a cell phone regardless of whether its use may or may not have been the actual cause of the accident. This is due to the presumption of inherent proximity between distracted driving and causation of accidents coupled the impossibility in rebutting it.
This nation-wide illegalization of the use of cell phones while driving should also apply to other hands-free communication devices . The same is informed by the fact that driver distraction is caused by impairment irrespective of whether it results from handheld or hand-free devices. Legalization of hands-free devices has exponentially inspired multi-million dollar technological innovations. However, this consideration should not hamper nation-wide illegalization efforts in light of fatal risks attributed to their usage. Exceptions may only be provided in cases regarding compelling emergencies and where public interest is at stake . This approach is advantageous compared to other potential transport safety measures.
Secondly, the approach would definitely help instill a culture of responsibility among the motorists. This end will be achieved through the punitive nature associated with it coupled with the fact that ignorance of the law is no defense in court. When people understand that they will be punished for breaking the law and probably made absolutely financially liable to their victims, they will opt to be extra cautious. It will also trigger mechanisms that ensure that those responsible for injuries suffered by innocent road users make reparations.
In addition, it is evident that fatalities and accidents would be decreased tremendously by the adoption of the restriction of cell phone usage by drivers owing to intricate nexus between the usage and causation of accidents. Therefore, expected positive impact of this approach on the motorists would be unimaginable. Hence, it will eventually cultivate responsible behavior among the motorists.
Thirdly, it will restore public confidence in the transport system. This will be made possible by the assurance on the law abiding motorist that they can use the road without having to worry about being injured in car accidents caused by distracted driving due to cell phone usage. In the event of accident, they are assured of justice and reparation to the extent possible; all thanks to the deterrent nature of such a regulatory framework.
Finally, it will be convenient to commuters who traverse various jurisdictions. They would not need to be bothered with the hustle of finding out how the rules applicable to the usage of cell phones while driving differ from one state to another. The uniformity of traffic rules regarding cell phone usage across all states will spare them this agony, synonymous with wanting uniform traffic legislation in our country .
In conclusion, car accidents caused by distraction of drivers by use of cell phones will be best addressed by criminalizing cellular-communications by motorists while driving. The criminal sanctions should be commensurate to the extent and gravity of the risks involved. Absolute tortuous liability also ought to be imputed on the convicts. The recommendation of this approach has been premised on the fact that it is economically viable in that its benefits outweigh the costs. Moreover, it will be instrumental in cultivating public confidence in the safety of our transport system and a culture of responsibility. Besides, it will do away with the confusion occasioned by lack of homogeneous traffic rules.
References
Hahn, R. W., Tetlock, P. C., & Burnett, J. K. (2011). Should You Be Allowed To Use Your Cellular Phone While Driving? 1-10.
Issar, N. M., Obremskey, W. T., Jahangir, A. A., & Sethi, M. K. (2012). Distracted Driving: The Emerging policy on Cell Phone Use.
Lissy, K. S., & Cohen, J. T. (2010). Cellular Phone Use While Driving: Risks and Benefits. 1-100.
Nikolaev, A. G., Robbins, M. J., & Jacobson, S. H. (2010). Evaluating the Impact of Legislation Prohibiting Hand-held Cell. Transportation Research Part A, 1-12.
