by: Megan Spaulding
According to the National Safety Council, nearly 3,000 people are killed on U.S. roads yearly in distracted driving accidents, and the majority of distracted driving accidents involved some form of cell phone use. In 2018, there were 57,514 accidents in Arizona with 810 fatalities and 15,689 injuries resulting from distracted driving of some manner. However, these numbers only reflect those accidents that were reported, and according to Arizona’s Chapter National Safety Council, distracted driving is severely underreported.
Evidence of distracted driving was addressed in State v. Salamanca, 233 Ariz. 292, 311 P.3d 1105 (Ct. App. 2013). This case involved a defendant who was travelling along Route 66 towards downtown Flagstaff. Defendant was weaving in and out of traffic at a speed approximately twice the posted speed limit. As a result, he lost control of the vehicle, causing the vehicle to fishtail across five lanes into oncoming traffic, and colliding head on with another vehicle. The other driver died as a result of the injuries sustained in the head on collision. A cell phone was discovered on the floorboard below the front passenger seat of the defendant’s vehicle which showed a series of text messages sent shortly before 9-1-1 calls were made. As a result of the collision, the defendant faced criminal charges, including second-degree murder, failure to remain at the scene of the accident involving death or personal injuries, and criminal damage. During the trial, two of the text messages were admitted into evidence. Following the trial, the defendant was sentenced to 22.5 years in prison. The defendant appealed his conviction, arguing that the trial court abused its discretion in admitting the text messages into evidence. The Appellate Court ultimately concluded there was no abuse of discretion by admitting the text messages into evidence, reasoning that the second text message was close enough in time to the collision that it was intrinsic to the charged offenses. Further, the jury could have concluded the second text caused the collision, with the court stating, “[T]he act of sending the text, or the act of handling his cell phone directly after having sent the text, caused Salamanca to lose control of his vehicle.”
Unfortunately, Salamanca is just one of many cases involving texting and driving. In January of 2019, a Salt River Police Department officer was killed in a motor vehicle accident on Loop 101. The officer was conducting a traffic stop when he was hit by a passing vehicle which then collided with the vehicle stopped by the officer. The driver of the passing vehicle admitted to texting while driving. In October of 2013, Brendan Lyons was on a bike ride when a driver travelling 45 MPH glanced down to see an incoming call, and his vehicle swerved into the bike, striking Brendan and his girlfriend. As a result of the collision. Brendan suffered several fractured vertebrae, a fractured pelvis, and a traumatic brain injury. Because of these injuries, Brendan could no longer continue his dream job as a firefighter.
It is easy to get distracted while driving, whether it be your cell phone or some other form of distractions. However, while technology may be the problem, it also is a solution. In effort to confront distracted driving from cell phones, several apps and devices are available and are designed to help drivers focus on the road by restricting drivers from accepting or making calls, texting, and even scrolling the internet. Safe driving apps to minimize distracted driving include, DriveMode, EverDrive, LifeSaver, TrueMotion Family, and TextDrive.
In addition to these safe driving apps, many states including Arizona now have laws in place which allow law enforcement to cite drivers if they are caught using their cell phone while driving. If you are found in violation of this law, you could be subject to civil penalties. For a first-time violation, the fine starts at $75.00, but no more than $149.00. For any subsequent violation(s), the fine is increased to at least $150.00, but no more than $250.00.
Despite the strict laws put in place to tackle cell phone use while driving, the issue is not going away anytime soon. In fact, a violation of Arizona’s cell phone laws may also constitute negligence per se. That is, a violation of this statute may lead to an automatic finding of negligence. If you have any questions about distracted driving laws in Arizona, please do not hesitate to contact Brian Rubin (602-604-7509 / brubin@trkfirm.com) or Michael Kelley (602-604-7505 / mkelley@trkfirm.com) for more details.