The challenges of enforcing distracted driving laws

Despite its dangers, many people continue to go to their phones when driving. This is the case here in New York and throughout the country. Now, most states ban at least some types of cellphone use while driving, like texting. Additionally, some states, like New York, prohibit all types of handheld phone use behind the wheel. However, there are things that can make enforcing such laws difficult.

One big one is that this dangerous conduct can be hard for law enforcement officials to spot. There are various things distracted drivers might try to do to conceal their cellphone use. This includes holding their cellphone down low or putting their cellphone away the second they spot anything that looks like law enforcement.

These challenges have led some police departments to go to out-of-the-box methods for trying to catch distracted drivers. Examples include:

Using disguises.
Looking for distracted driving from the seat of a tractor-trailer.
Enforcing distracted driving laws from a bike.

One wonders if such creative enforcement attempts will ultimately prove effective in the fight against distracted driving.

In addition to law enforcement challenges, the hard-to-detect nature of driver cellphone use can also pose challenges in civil lawsuits brought over distracted driving accidents. It can make it difficult for victims to prove what exactly happened in a crash. Skilled attorneys can help victims of distracted driving look for signs and evidence of driver cellphone use when it comes to their crash and build their case in a way aimed at overcoming such challenges.

Source: Daily Record, “Police get creative to spot texting while driving,” Denise Lavoie, Sept. 5, 2016