Distracted driving can lead to deadly outcomes. According to NHTSA, 3,308 people died in distraction-related crashes—defined as crashes involving at least one driver who was distracted—in 2022. This number accounts for 8% of total fatalities. NHTSA notes that distracted driving crashes caused $98 billion in costs in 2019.
NHTSA defines distracted driving as "any activity that diverts attention from driving," including talking or texting on the phone, eating or drinking, or manipulating the stereo, entertainment or navigation system. Texting is especially concerning since it is a combination of visual, manual and cognitive distractions. Additionally, handheld mobile device use, in general, is associated with an increased crash or near-crash risk.
AAA's 2022 Traffic Safety Culture Index provides insight into Americans' opinions about the use of personal electronic devices while driving. The study shows that roughly 93% of respondents view texting, emailing or reading on a handheld mobile device to be very or extremely dangerous. Nearly 76% consider talking on a handheld mobile device as very or extremely dangerous. In contrast, 19% of respondents consider using their phone while driving with the help of handsfree technology to be very or extremely dangerous. Approximately 80% of respondents supported a law against talking on and holding a mobile device while driving. However, only 42% were in favor of a law against using handsfree technology, such as voice command devices, to read, text or email while driving.
States primarily use handheld and texting bans to combat distracted driving. Handheld bans are laws that allow the use of mobile devices while driving only in handsfree mode—usually through voice communication or by activating with a single tap or swipe. A growing number of states also include a prohibition to access, view or read non-navigation related content. Texting bans prohibit drivers from typing or sending text messages while driving but allow talking on a handheld mobile device. Many of these bans provide for various exemptions, including for emergencies, law enforcement and first responders.
NCSL's Power BI Distracted Driving charts provide a detailed overview of current laws in all 50 states and the District of Columbia:
- Handheld cellphone use ban: 29 states, the District of Columbia, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands prohibit all drivers from using handheld cellphones while driving.
- Ohio prohibits handheld cell phone or electronic device use while driving. However, drivers are still allowed to swipe their phones to answer calls and hold them to their ears during a conversation.
- All cellphone ban: No state bans all cellphone use for all drivers, but 36 states and the District of Columbia ban all cellphone use by novice or teen drivers, and 20 states and D.C. prohibit any cellphone use for school bus drivers.
- Text messaging ban: 49 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands ban text messaging for all drivers.
- Other states prohibit handheld cellphone or all cellphone use by all or certain drivers in certain zones.
States may qualify for a federal Section 405 National Priority Safety Program Distracted Driving Grant (405e) if they have enacted and are enforcing the following:
- Primary law prohibiting texting or handheld phone use while driving with a minimum fine for a first violation and increased fines for subsequent offenses.
- Primary law prohibiting youth under age 18 from using a cell phone while driving, with a minimum fine and requiring distracted driving issues to be included in the state driver’s license exam.
The laws must not allow exemptions for texting or handheld phone use while stopped in traffic. However, exceptions may be permitted for activities such as using a personal wireless communication device in emergencies to contact emergency services or, in certain cases, for navigation purposes.
Source: National Highway Traffic Safety Administration, AAA Foundation for Traffic Safety.