Hands-Free Devices: How Safe are They Really?

Posted by Injury Lawyers of Ontario on January 15, 2016

There is much evidence that the use of hands-free devices contributes to car accidents 

Distracted driving is a factor in a disturbingly large percentage of car accidents; North American studies estimate that driver distraction contributes to 80 per cent of motor vehicle collisions, according to a CAA summary of distracted driving statistics. Further, the use of electronic devices while driving is a significant contributor to this problem.  In response to the increase in car accidents and injuries resulting, in particular, from talking and texting while driving, the Ontario government has outlawed the use of hand-held devices for drivers and increased penalties for anyone convicted of distracted driving.

Ontario drivers can be charged with distracted driving if their cell phone or music device is in their hands, even if they are not actually using it.  Legally, you cannot touch your cell phone, CD player or another electronic device while stopped at a light or anytime while your car is running. Drivers must pull over and turn off their car before using a hand-held device, or they risk a $490 fine and 3 demerit points.

However, the Ontario Highway Traffic Act states that drivers may use an electronic device in hands-free mode while driving. Drivers can also attach their cell phone to their dashboard near eye level and set it to speakerphone mode.  Many people question the wisdom of allowing even hands-free phones while driving, when there is ample evidence that driving and any time of cell phone usage is a dangerous combination.  This is a particular concern for young drivers under 21 years of age, who are at the greatest risk of collisions associated with cell phone usage; about 80 per cent of young adults admit to using their phones while driving. 

In Ontario, distracted driving has surpassed drinking and driving as a major cause of car accidents. A Canadian report of 84 studies on the relationship between cellular phone usage and car crashes determined that talking or texting on a cell phone impacts a driver’s reaction time, lane keeping, car-following ability and to a lesser extent, proper control of speed. A diminished ‘inability to react’ pertains more to unexpected hazards than to regular traffic patterns. Distracted drivers are also less apt to check their mirrors and perform other important tasks involved in defensive driving, than someone who is focused on the road. Of particular note is that these studies found no measurable difference in the negative effect on driving ability for hands-free and hand-held cell phones. If you use your cell phone while driving, you are four or five times more likely to be involved in a car accident; but if you are texting, the risk of collision increases to 23 times more likely.

Although many studies conclude that the use of hands-free devices are equally dangerous as hand-held, conversations with passengers have less of an impact on driver distraction.  The reason for this is that passengers often have a positive effect on driving by sharing an awareness of traffic situations.  Passengers commonly stop conversing when they see increased traffic or hazards ahead on the road, which helps to reduce the potential risk of collisions.  

People who claim that they are good at multi-tasking and can therefore drive equally safely while talking on the phone are just fooling themselves. A discussion paper titled “Fatal Distraction, a Canadian College of Family Physicians study on the personal injury risks of cell phone usage, noted that even drivers who can dial or text message without looking at their phone are less likely to react to traffic changes and hazards.  This condition is termed ‘inattention blindness’ which happens when the driver’s cognition is divided between two tasks; we may see a stimulus such as a change in traffic, but we don’t process a response to the situation, even when our eyes are on the road.

In “Fatal Distraction”, the results of a simulation reported that driving while using a cell phone may even be more dangerous than driving under the influence of alcohol (with a blood alcohol level (BAC) of .08); driving while talking on the phone slows reaction time by 18 per cent while a BAC of .08 slows reaction time by 12 per cent.  Texting while driving is even more dangerous, the study suggests, than driving while under the influence of marijuana, with a slower reaction time of 35 per cent versus 21 percent.  Why then are we continuing to allow hands-free phone usage when we clearly recognize the dangers of driving while under the influence of drugs or alcohol?

Drivers who talk or text on their phones only when stopped at intersections are also under increased risk, particularly of rear-end collisions.  A phone conversation has been known to distract a driver so that they accidentally remove their foot from the brake and roll into oncoming traffic.  Even more common and irritating for other drivers is when someone is engrossed in a phone conversation and consequently doesn’t drive forward when they have the right of way or when a light turns green.  The latter circumstance can also lead to a rear-end collision if the driver behind erroneously anticipates that the distracted driver will accelerate at a green light, and consequently hits the halted car from behind.

The number of car accidents resulting from distracted driving and cell phone usage are believed to be underrepresented because drivers often do not admit to distraction and in the case of a fatality, we may only be able to speculate why a car suddenly lost control.   Reducing the risk of severe injury and death resulting from distracted driving due to phoning or texting is simply a matter of changing our behaviour to avoid this practice.  Public education on this issue, similar to what has been done in the past to dissuade drinking and driving in Ontario, is an important medium for making the public aware of the dangers.  Many of us believe that Ontario legislation must also change to disallow any cell phone use while driving, whether hands-free or hand-held.

Solutions to avoid any cell phone use while driving.

  • Turn off your phone when you get into the car or switch it to ‘silent’ and place it in the glove compartment or another location not visible to you.
  • Ask your passenger(s) to hold and operate your phone.
  • Set up voice mail to inform callers that you may be driving and will call back later.
  • If you need to respond to an important call, pull off the road in a safe location before getting your phone.
  • Don’t call friends or family members when you know they are driving.

Unfortunately, until more Canadians fully acknowledge the danger of talking on any type of phone while driving and change their behaviour accordingly, cell phones will continue to be the cause of many car accidents and injuries.  We have the power to change our own behaviour and influence that of our loved ones, but that is the limit of our control unless Ontario legislation changes to prohibit hands-free phone use.

A moment of distraction can lead to permanent loss and devastation for accident victims who were injured or families who lost a loved one due to a distracted driver who was talking on the phone or otherwise inattentive.  The Injury Lawyers of Ontario (ILO) car accident lawyers have helped and represented many clients and their families who suffered terrible loss resulting from a single negligent act.  We understand the resulting hardships and how much lives are changed by serious injuries.  Call an ILO office today if you would like information on how best to proceed, in terms of obtaining compensation for injuries resulting from an accident. 


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