A report issued in May by the National Safety Council establishes that there is a direct link between the dangers of using a cell phone while driving and fatalities behind the wheel. The NSC researchers reviewed 180 fatal auto accidents over a three-year period where there was evidence of cell phone use by the driver. The NSC estimates that 25% of all fatal crashes involved cell phone use by the driver.

The estimate may be low due to the fact that drivers don’t often admit to cell phone use. Further, most official police reporting forms don’t have a convenient way to record any admissions of cell phone use by the drivers involved in the auto accident.

The infographic shown above details the number of fatal auto accidents in 2011 for each state arising from cell phone use. Section 304.820 RSMo., which was passed in 2009, prohibits drivers who are 21 or younger from sending and receiving text messages, emails or using an app on a smart phone while driving. The statute specifically states that talking on a cell phone is not prohibited and that the texting ban does not include dialing a phone number while driving. Over the road truckers are banned from using cell phones unless they are using a hands-free device.

While the Missouri law has rarely been enforced, our firm is currently litigating at least two auto accident cases where cell phone usage was the primary cause of the accident. If the NSC estimate is correct, that one in four people who were killed in auto accidents were likely using their cell phones, we all need to be cautious about using a cell phone while driving.