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Distracted Driving Bill Proposed in Delaware
Delaware's proposed legislation would ban texting, sending or receiving emails, browsing and using hand-held cell phones, but would permit cell phone use with hands-free devices. 
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    March 20, 2010 /24-7PressRelease/ -- Distracted Driving Bill Proposed in Delaware

Delaware's proposed legislation to ban cell phone use while driving fell prey to populist sentiments in February. Without the support for an outright ban, Rep. Darryl M. Scott (D-Dover) filed House Substitute 1 for the ailing House Bill 229. HS 1 bans texting, sending or receiving emails, browsing and using hand-held cell phones, but permits cell phone use with hands-free devices. The ban would apply only when a vehicle is in motion.

HS 1 would impose graduated penalties for violations: $50 for a first offense and $100 to $200 for repeat offenses.

Had the Delaware law passed in its original form, it would have been the first state law in the nation uniformly proscribing cell phone use while driving. Some states currently disallow cell phone use for specified classes such as youthful drivers or bus operators. Pending legislation in a few states would ban all driver cell phone use in specified locations like school zones.

As amended, the Delaware legislation would add Delaware to the growing list of states banning texting and other physically interactive cell phone uses.

Dangers of Cell Phone Use While Driving

Cell phone use in vehicles has drawn intense scrutiny lately by state legislatures and the Federal government as mounting evidence links it to crashes. 2,600 deaths, 333,000 injuries and 1.5 million property damage claims result from distracted driving each year, the Harvard Center for Risk Analysis says. The annual cost associated with cell phone related car crashes is $43 billion.

A joint National Highway Transportation Safety Administration-Virginia Tech Transportation Institute study in 2006 attributed 80 percent of all vehicle crashes to driver distractions. Cell phone use was the most common distraction cited, with an even split between talking/listening and dialing.

While the Virginia Tech study and others suggest that cell phone use is equally dangerous whether the phone is hand-held or hands-free, and is as dangerous as driving drunk, six states have taken the direction Delaware is headed in, banning hand-held cell phones while permitting drivers to use hands-free units. Eighteen states plus the District of Columbia have already banned texting while driving, an activity that increased the risk of crashing six-fold according to the Virginia Tech study. Cell phone use overall increases a driver's risk of crash by a factor of four.

If you have been injured due to an accident involving a distracted driver, speak with a personal injury attorney in your area. A lawyer can provide you more information about your legal rights and options, and answer any questions you may have regarding your claim.

Article provided by Albert L. Buzzetti & Associates, L.L.C.
Visit us at www.tristatelaw.com


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