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"On average, nine people will have died today because of distracted driving," says Terryl Warner, director of victim services for the Cache County, Utah, district attorney's office. "If these deaths were war victims or plane-crash victims, there would be outrage."
12Number of U.S. states that ban handheld phone use while driving.
Warner has a front-row perspective on the inefficacy of distracted-driving legislation: In 2009, as an attorney in the Cache County DA's office, she helped prosecute one of the country's first manslaughter cases originating from a driver texting behind the wheel. The defendant, 19-year-old Reggie Shaw, killed two people when his SUV swerved into an oncoming sedan as he texted with his girlfriend. Facing a maximum sentence of one year in jail and a $2500 fine on each count, Shaw ultimately served 30 days and was ordered to perform 200 hours of community service.
"It's not like speeding—we have to see them in the act of using their handheld device."
Working on behalf of Leila O'Dell, the wife of victim Keith O'Dell, Warner prodded state politicians into passing one of the toughest distracted-driving laws in the country, with a penalty of up to 15 years in prison. That law was enacted in 2009, and five years later, despite the issue featuring prominently in the national discourse, distracted driving is still an epidemic. Tougher laws are increasingly common, but they may not be the answer. A recent Texas A&M University study found that stiffer fines and penalties may change "visible cellphone use"—meaning drivers might switch to hands-free methods—but there's little evidence that such a move would produce fewer accidents. And Warner believes education has already reached its limits. "You're not going to find anyone who argues that texting and driving is safe," she says. "People know it's dangerous. They know it's wrong."
Enforcement seems like an obvious answer. After all, how many times have you seen some moron bobbing his head between the road and his lap and wondered why a cop hasn't intervened? As it turns out, law enforcement is equally frustrated.
"It's not like speeding—we have to see them in the act of using their handheld device," says one police officer working in the northeastern United States. (All officers spoke to R&T on condition of anonymity and will remain nameless —Ed.) "Can we testify, without a doubt, about the circumstances? If not, we can't write that ticket." Another cop on patrol in the Southeast calls distracted-driving penalties "all but unenforceable," despite the fact that, in his experience, the behavior is "far more dangerous than even a mild DUI." And even when a ticket can be issued, it's still "radioactive," according to the Southeast cop. "We know it could lose in court."
Warner argues that part of the problem remains social perception; distracted driving is widely viewed as wrong, but not as wrong as other behaviors. "If you're ticketed for texting and driving, you're not the social pariah you are if you get a DUI." Another officer we spoke with agrees, especially when it comes to children in the car. "If it's a DUI with kids [in the car], that's a really serious offense. This needs to be the same."
Yet the worst-case scenario is already the same. Warner recently attended a national meeting of survivors of distracted-driving fatalities. "I don't believe those families grieve any less than survivors in the murder cases I've worked," she says. Warner believes the issue is still waiting on a pivotal lawsuit, one where a public or private employee is caught in the act and a government agency or company has to pay millions in damages. When that happens, it will have a trickle-down effect to where the average driver feels it most: the wallet.
"When our insurance rates are jacked up, we'll finally see the change that needs to happen," Warner says. Right now, she adds, "it's costing us lives." "It's not like speeding—we have to see them in the act of using their handheld device."
READ MORE: The 9 most dangerous things drivers do
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