Leveraging Research on Texting While Driving

Based in Berkeley, CA, and practicing throughout the greater Bay Area, the Law Office of Scott R. Herndon is deeply committed to representing clients injured by distracted drivers, particularly those whose negligence involves cellphones and smart watches (Brodeur et al 2021). We understand that behind every accident lies a story of preventable harm, often rooted in the complex interplay of cognitive distraction and technology. Our law firm leverages rigorous, peer-reviewed research and meticulous statistical analysis to build compelling cases and advocate effectively for our clients. The Law Office of Scott R. Herndon understands that winning cases requires a deep understanding of accident causation. This commitment to leveraging scientific insights sets our practice apart in the Bay Area legal landscape, ensuring that our clients receive the strongest possible representation.

Of course, we provide this webpage for general information, and the article should not be construed as specific legal, medical or scientific advice.

How Significant is the Problem of Cellphone Use While Driving?

According to UC Berkeley’s SAFETrec research and education program, there were 140 fatalities from distracted driving in California in 2021, and 3,522 deaths nationwide for the same period. The National Highway and Safety Transportation Administration lists cellphone use as an all-too-common form of distracted driving (along with eating and drinking, socializing with passengers, and using audio and navigational systems), with distracted driving fatalities increasing in California by 27.3% between 2020 and 2021. (See also Liang 2022).

Studies have shown increased risk of car collisions due to visual, manual, cognitive distractions. Of the many examples of driver distraction, we will focus in this webpage on texting while driving.

Is Texting While Driving More Dangerous than Driving Drunk?

According to recent research in the International Journal of Environmental Research and Public Health, texting while driving (TWD) negatively effects driving performance, leading to potentially fatal traffic accidents (Volniea et al, 2023). Not surprisingly, TWD contributes to a loss in driver attention and concentration on the road, and a loss in driver performance and the ability to operate vehicle safely. But despite the obvious nature of the problem, the actual numbers here are frightening. In one study alone, an estimated 39% of high school students admitted to texting or emailing while driving (Yellman 2019). Additionally, 2018 data shows that cell phone users between the ages of 17 and 22 touch their phones an average of 1.71 times per minute when driving (Yellman 2019; Luria 2018). This has crucial implications for accident prevention, forensics, and litigation.

Communicating via text message while driving requires drivers to expend precious visual, manual, and cognitive resources that they would otherwise use to drive safely (LoBue et al, 2024). Cellphone users look away from the road and at their phones, focus on their keypads, sometimes revise language, and then search for the ‘send’ button. Each of these activities takes up critical bandwidth in the driver’s mind, and away from the constant monitoring of city streets that is necessary for safe driving.

A lost second of attention on the roadway may mean the difference between life and death. A systematic review of literature on distracted driving suggested that 98% of all studies on cellphone use and driving found an association with detrimental driving performance (Ferdinand et al, 2014).

Even more staggeringly, drivers were found to be 23 times more likely to crash while texting than when focused solely on the road (Ritchell 2009). This was even true for seasoned commercial truck drivers, where text message increased the odds of crashes or near misses (Olsen et al 2009). As such, cellphone use is a problem for all drivers, regardless of age or experience, and demands forensic attention in the analysis of the root causes of any accident. This is the goal and priority for every case we handle at The Law Office of Scott R. Herndon.

When texting, drivers often look away from the road for extended periods of time, missing opportunities to avoid accidents, responding more slowly to hazards, and losing control of their vehicles in their lanes (Caird et al, 2014). This has led some researchers to conclude that TWD is a more significant safety threat than driving drunk or using cannabis (Elvik 2012; Asbridge et al 2012). In this context, it is stunning that researchers have also found that though young drivers understand handheld cellphone use is unsafe while driving, they use their cellphones behind the wheel anyway (Neuroth et al 2021).

These findings are as important for accident prevention as they are for the social, scientific, and legal analysis of fault in the wake of a serious accident. There is no way to de-emphasize the urgency of this problem.

Understanding the Cognitive Mechanisms of Distraction

The effect of cellphone use on driving performance extend beyond simply taking one’s eyes off the road. The core issue lies in the cognitive demands imposed by these activities, which compete for limited attentional resources required for safe vehicle operation.

How is The Driver’s Attention Captured?

Visual Capture

Texting, emailing, or interacting with cellphone apps fosters distraction. The driver’s gaze shifts from the road to the device, reducing our ability to perceive and respond to critical visual cues such as traffic signals, pedestrians, or other vehicles. Studies employing drivers spend a crucial portion of their time fixating on the cellphone, leading to “looked-but-failed-to-see” errors, where potential hazards are present in the visual field but not processed due to diverted attention (See generally, Lobue et al 2024; Boulagouas et al 2024); Strasburger at al 2011).

LoBue’s research has even shown that the viewing angle and working distance of the phone itself can be a serious problem (even when the phone is nested in a dashboard console), sometimes resulting in critical delays in reaction time when drivers return their attention to the road.

Auditory Capture

Ringing phones, notification sounds, and audible alerts draw the driver’s attention away from road sounds and auditory signals. Critical sounds, such as sirens, horns, or approaching vehicles, may be missed or misinterpreted, further compromising situational awareness. (See generally, Zuo et al 2024).

Cognitive Interference

Engaging in conversations, whether handheld or hands-free, presents drivers with a competing cognitive task that divides their limited attentional resources. This is called dual-task interference, which can lead to slower processing speeds, reduced working memory capacity, and impaired decision-making. Drivers may experience a narrowed focus, overlooking critical information in their peripheral vision (Strayer and Johnston, 2001).

Semantic Processing

Crafting or comprehending text messages and emails demands significant semantic processing, diverting mental resources from the primary task of driving. Studies using brain imaging techniques, such as fMRI, reveal that these activities activate areas of the brain associated with language and higher-level cognitive functions, effectively “downregulating” regions involved in visual and motor control. This could also lead to dangerous levels of anxiety, especially when the text message or email is emotionally charged (Austers et al 2024). It is clear that emotionally charged communications while texting or emailing are particularly dangerous in the context of distracted driving.

Psychomotor Impairment

Manual Dexterity

As we all know, handheld cellphone use impairs the driver’s ability to manipulate the steering wheel, gear shift, and other vehicle controls. This can lead to unpredictable and unsafe lane changes, inconsistent speeds, and difficulty maintaining a safe following distance. Importantly, even hands-free cellphone use can delay reaction times. The cognitive effort required to respond and engage by texting interferes with the speed and accuracy of motor responses, making it more challenging to react promptly to sudden changes in the driving environment. (Zhang et al, 2019).

Practical Implications for California Drivers

The Law Office of Scott R. Herndon urges all of our drivers, insurers, opposing counsel, and juries and judges to take these technical considerations seriously. For the moment, let’s focus on the practical issue of improving driver behavior.

Together we must all recognize the mechanisms by which cellphone use impairs driving ability is the first step toward adopting safer driving habits. We must each integrate a proactive approach to minimize our distractions, creating a safer environment for ourselves and others on the road.

What Proactive Steps Can We Take?

Prohibit all handheld and hands-free device usage while driving.

The safest route is to eliminate phone use.

Utilize driving-specific applications to limit notifications

Activate features that block calls and messages when the car is in motion.

Follow the law

Follow the rules of the road and travel safely.

Contact The Law Office of Scott R. Herndon

Experience the difference our unique approach can make in your personal injury case. Contact the Law Office of Scott Herndon for a consultation. Let us bring our commitment to academic and analytic rigor to your case, and help you achieve the justice and compensation you deserve.