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New Research Reveals ‘Hands-Free’ Texting Still Dangerous, Parker Waichman LLP Warns
Date:6/14/2013

/05/new-york-state-lawmakers-pass-crackdown-on-teen-texting-and-driving/" onclick="linkClick(this.href)">report that the New York state legislature passed a new law "cracking down on young drivers who are caught texting and driving." However, the focus of the new legislation, as the article related, is handheld cell phones, not hands-free.

Under the new legislation, drivers with permits and probationary/junior licenses will face a 60-day suspension for a first offense when caught texting or talking on a handheld cell phone while driving, CBS/AP noted.

“Therein lies a problem,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “How states write laws governing cell phone usage while driving – banning hand-held usage but not hands-free, for example – is serving to further the impression that hands-free texting or talking is safer than using a hand-held device. This may well strengthen an already existing false sense of security, especially among younger, less-experienced drivers.”

He noted that the firm has nurse consultants on staff who talk to a variety of people who have been hurt in car accidents caused by various distractions – including hand-held and hands-free cellphones. “When you are belted into a wheelchair and wondering if you are permanently disabled, one thing you won’t think about is whether the cell phone you or the other driver was using right before impact was hand-held or hands-free.”

Citing data from the National Highway Traffic Safety Administration, AAA said in its study that 3,331 people were killed and 387,000 were injured in crashes involving a distracted or inattentive driver in 2011.

This study arrives on the heels of one released about a month ago. On May 6, 2013, Science World Report reviewed findings from a study showing that a
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