When a texting teen driver struck David and Linda Kuberts’ motorcycle, the Kuberts each lost a leg and the driver received three traffic tickets that may require him to pay a small fine. Given the obvious injustice of imposing such a slight fine as punishment for causing such egregious injuries, it is little wonder that the Kuberts are lobbying the New Jersey legislature to impose harsher criminal penalties for driving while using a cell phone.

The Surprising Risks of Texting While Driving

There is no question that texting is fast becoming a primary means of communication in the United States. According to CTIA, the cell phone industry’s trade group, 110 billion text messages were sent in the United States in December of 2008 alone. This figure presents a tenfold increase in texting since 2005.

Unfortunately, cell phone users are sending more and more texts from behind the wheel. New Jersey law enforcement, for example, issues roughly 10,000 cell phone violation citations a month, many of which are texting-related.

The texting while driving problem is not, however, exclusive to New Jersey. Recognizing the danger presented by this behavior, President Obama recently issued an executive order prohibiting federal employees from texting while driving. The administration was no doubt influenced by several recent studies which stress the dangers of texting while driving.

Though those driving under the influence of drugs and alcohol have long been one of the road’s greatest liabilities, recent studies show that those who text while driving may be even more dangerous. Reaction time slows 12 percent among drivers with a blood alcohol level at the legal limit. Incredibly, a study by the Transport Research Laboratory provides that reaction time slows 35 percent when a person texts while driving. Despite this astonishing danger, one in seven drivers admits to texting while driving, according to a recent survey by the AAA foundation.

In addition to substantially slowed reaction time, drivers face a collision risk while texting that is 23 times greater than if they put their phones away, according to a study by the Virginia Tech Transportation Institute. Given the risks posed by texting while driving, it is not surprising that a recent New York Times-CBS News poll revealed that 50 percent of those polled said that such negligence should be punished “about the same as drunk driving.”

Penalties for General Cell Phone Use and Texting While Driving

According to the Governors Highway Safety Association, 19 states and the District of Columbia ban text messaging for all drivers. Only 6 states, including New Jersey, ban handheld cell phone use of any kind for all drivers.

New Jersey law imposes a $100.00 fine for operating a handheld wireless telephone while driving. There is an exception for drivers who face an emergency or have reason to fear for their safety.

The other five states that impose a complete ban of handheld cell phones punish their drivers similarly to New Jersey drivers. For example, New York charges a $100.00 fine with $80.00 in mandatory fees and Connecticut imposes a $100.00 penalty. While California only charges $20.00 for a driver’s first infraction, the fine increases to $50.00 for subsequent infractions and penalty assessments can raise subsequent fines to more than triple the base of the fine amount.

Some of the more strict penalties for texting come from areas that do not ban all cell phone use. This suggests that other cities and states view texting as a more egregious violation than simply speaking on a cell phone. Rhode Island drivers are obligated to pay $85.00 fine for their first texting offense, a $100.00 fine for the second and a $125.00 fine for the third. Similarly, Cleveland, Ohio drivers face a $100.00 fine for their first texting offense, $250.00 for the second and $500.00 for their third. Such escalating fine laws are becoming increasingly popular.

Also increasingly popular is legislation that imposes fines large enough to act as a texting deterrent. Maryland drivers, for example, face a $500.00 fine for texting while driving. And texting drivers in Utah, which punishes texting while driving almost as harshly as driving under the influence, may face up to three months in jail and $750.00 fines.

It is unclear whether efforts in New Jersey to increase criminal punishments for texting while driving will be geared toward escalating fines for subsequent violations or imposing large enough fines to deter drivers. No matter what form new penalties may take, they may be necessary to prevent more accidents like the one that injured David and Linda Kuberts.

According to the Harvard Center for Risk Analysis, roughly six percent of vehicle crashes, which cause 2,600 deaths and 12,000 serious injuries a year, are attributable to handheld cell phone use, including texting. Given the rise in the number of texts sent since 2005 and the emergence of texting as a primary means of communication, the number of accidents is likely to increase. Likely to increase, too, is the number of citations issued by law enforcement in New Jersey and elsewhere for anti-texting violations.

Protect Yourself and Your Rights

If you have been injured in an accident caused by texting while driving or received a summons for an anti-texting violation, it is essential to seek expert legal advice. An experienced attorney can provide you with the information necessary to pursue compensation for your injuries and protect your rights. If you have further questions about laws concerning cell phone use while driving, contact a qualified lawyer today.