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Cell Phones and Driving do Not Mix Well

The advent of cellular communications has revolutionized the world, making it easier for people to stay connected, and allowing industry to transact business faster and more efficiently. While those changes clearly benefit society, there are some negative side effects of this mobile revolution as well. Most significantly, it�s making our roads a more dangerous place. There are numerous studies that have concluded that drivers are far more likely to be involved in an accident during and immediately after cell phone use.

This phenomenon has legal ramifications:

1. Many jurisdictions (foreign countries, American states and cities, etc) have outlawed cell phone use while driving,

2. Recent trends indicate that one of the first actions of plaintiff�s attorneys following automobile accidents is to subpoena the cellular phone bills of the defendant.

3. Several court cases involving the accusation of negligence while using a cell phone and driving have resulted in multi-million dollar awards against drivers and their employers.

4. Awards sometimes include punitive damages, which may not be covered by insurance in many jurisdictions.



Below is a link to a 2/13/08 article that discusses some case law around these issues.



http://www.law.com/jsp/article.jsp?id=1202815251120