Can You Hear Me Now: The Myths Surrounding Cell Phone Use While Driving and Connecticut\u27s Failed Attempt at a Remedy Note

The use of cell phones while driving has been demonized by many as a predominant cause of automobile accidents attributed to distracted driving. While there is no doubt that distracted driving is dangerous, and increases the risk of being involved in an automobile accident, this Note contends that cell phone use does not play as prominent a role in distracted driving as is typically portrayed. Many other distractive stimuli pose a more significant threat, and often occur more regularly than cell phone use. Unlike cell phone use, however, these other distractive stimuli have not been characterized as negatively, or singled out by legislative bans. In particular, Connecticut’s legislation banning cell phone use while driving is neither a direct nor a particularly effective means of achieving its purported purpose of increasing the safety of Connecticut’s roadways. This Note advocates utilizing a graded negligence methodology which directly addresses the root of the problem—the conduct of the driver—by focusing on remedying all distractive driving practices. The graded negligence standard concentrates on the quality of conduct exhibited in the presence of a distractive influence, weighed with the level of negligence displayed in the conduct, combined with several other factors