The state of New York and a few local jurisdictions around the U.S. have outlawed the use of handheld cell phones in moving vehicles.
Sickened by the thought of what her car interior must look like and fearing she could lose control of her car at any time, I pressed pedal to the metal and got as far from this distracted driver as I could.
But I was curious whether my urge to flee was a safe and correct one. Really, what should a motorist do when a distracted driver is nearby?
Not a Simple Situation
Police, safety advocates and an official at a motorists' rights group don't provide any one rule. It all depends on the situation, they said.
"It's not dissimilar to when you encounter someone who is intoxicated, but in this case, with a distracted person, it's not—per se—illegal (as is drunken driving)," said Lt. Ray Samuels of the Newark, N.J., Police Department.
To be sure, the state of New York and a few local jurisdictions around the U.S. have passed laws that ban the use of handheld cell phones—one kind of distraction—in moving vehicles. But more widespread restrictions on cell phone use and other in-vehicle distractions—such as eating—aren't coming any time soon.
So, it's pretty much every driver for himself and herself.
Give Them Wide Berth
If there's a simple message, it is to "drive defensively," said Kathy Lusby-Treber, executive director of the Network of Employers for Traffic Safety (NETS), a Washington D.C. group.
NETS, which promotes the theme that "safe driving is a full-time job," found that nearly all drivers—94 percent—admitted to having engaged in some kind of activity that was potentially distracting, including tuning the radio, eating and tending to a child. A NETS phone survey, conducted in late summer 2001, also found that 39 percent of these activities went on while drivers were on the clock for work. The organization reports between 25 percent and 50 percent of all crashes are due to driver inattention or distraction.
"I would be aware and I'd steer clear of [the distracted driver], whatever it means," Lusby-Treber advised, adding, "I don't really encourage motorists to confront a distracted driver."
Besides, she said, "Lots of times, these people are doing more than one distracting thing."
Samuels called it "making a safety cushion around them" so if the distracted driver loses control or does something abrupt, you have an opportunity—and room—to react.
Allan Williams, chief scientist at the Insurance Institute for Highway Safety in Arlington, Va., recommended "staying alert," even for cell-phone users and other distracted drivers at intersections.
Steering clear, though, can involve different strategies, said Eric Skrum, communications director for the Waunakee, Wis.-based National Motorists Association.
"Take a look at the particular driver and the environment," he said. "If it's a single lane road and you can't get around them, slow down [and give them space]. If you're in front, definitely, get out of the way. If they're weaving through traffic and causing a dangerous situation, you must use your own judgment [to stay out of harm's way]."
And, he noted, "If someone is driving like that, you can call the police. That can be reckless driving."
Where Is the Driver's Mind?
Sgt. Al Della Fave of the New Jersey State Police has seen a lot of distracted drivers. And he says it's simplistic to blame it all on cell phones.
"Most of the time, it's not the cell phone that's the problem," Della Fave said. "It's when they start getting emotional about things and the conversation on the phone gets heated [that driving irregularities occur]."
He also noted drivers can be distracted for other reasons. "When I was on patrol in the early '80s, I found drivers reading novels, even having full-course meals spread out on the front seat," he said. "They had the special sauces right there, too. It amazed me, and it went on every other day."
More Distractions Coming
While you're trying to stay safe on the roads, lawmakers and regulators continue to study driver distraction.
Road conditions are expected to get worse, since automakers are adding more information and entertainment devices inside their newest models. Everything from navigation systems to MP3 players to movie players are potential distractions.
Yes, automaker officials tout "hands free" cell phones as one solution because they allow drivers to keep their hands on the steering wheels. But Della Fave and Samuels still urge caution. "It doesn't matter if it's hands free or a headset," Samuels said. "Drivers are still distracted."
Della Fave added: "For some reason, people don't like to dedicate time to just drive."
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