Cell phones and collisions

Anyone who has witnessed a driver distracted by his conversation on the phone is likely able to relate to my fear of such drivers. Even a car reviewer recently points out the insanity of how we tolerate such behaviour. Lorraine Sommerfeld recently wrote in the Star about the "new drunks":

I read the comments beneath columns in this newspaper, and smile at the idiots who reassure us they are the exception, they are excellent texters and drivers, and will continue to do both at the same time. They are special. No, they’re not. How I want to grab them by the scruff of the neck and toss them into a car for an actual test of their abilities on a closed course. If they haven’t caused a collision yet, rest assured their odds are shrinking closer to that goal every time they get in the car. Calculate the speed you are driving, toss in a single unexpected occurrence, and then come back to me when you’ve done the math, Einstein.

You don’t like being told what to do? Sick of living in a nanny state? Funny, but states and provinces and countries worldwide are increasingly accepting the science that tells them you are heavily impaired with a phone in your hand. You will soon be hard-pressed to find a state without that particular nanny. I mean, can you think of anywhere that welcomes you to drink and drive on their roads?

I’ve heard the argument that texting or surfing is not impairment because the second you look up, you are fully connected to events around you. I find this ridiculous; it is the seconds previous to this that matter. You may be pleased at your ability to tell your friend “OMG hah ha I’ll be there in a minit” but tell me it’s worth the $4,000 worth of damage you’re about to do to your front end, or more important, the kid they’ll pull out from under your wheels.

It took us decades of devastation and loss to finally criminalize drunk driving. Where is the political and personal will to recognize that distracted driving is even worse?

As a cyclist - without the protection of steel and airbags - we should be twice as scared of phoning drivers. Even being run into by a cell-talking cyclist can be a life-altering experience.

I'd like to understand what is being done - after a collision - by police to ascertain whether or not a cell phone was being used by one of those involved. Is anyone familiar with the technology and the procedures to shed light at these questions:


* what is included in the current Toronto police procedure that determines whether a cell phone was a factor in the collision?
* what is technically needed to check whether a conversation was in progress at the time of the accident? I.e. could the police do such a thing as part of its collision investigation if they wanted....?

If the police could legally subpoena the perp's records from their cellphone provider, then it's definitely technically possible to establish if there was voice call activity or traditional text message sending.

For modern phones operating on data plans, the perp's lawyers might be able to argue that any data transmissions were 'automatic' activity and didn't require human interaction.

If the police could legally subpoena the perp's records from their cellphone provider, then it's definitely technically possible to establish if there was voice call activity or traditional text message sending.

I had hoped for something simpler, something that does not require the courts to get involved. To compare to a case of suspected intoxication, the driver can be asked to submit to a breathalizer test. In case of suspected phone use, it should be a simple indication whether there was a conversation in progress or not. No other info would be requested and thus there would be no civil liberties issue - no subpoena would be necessary. But a law would be required to force the cell companies to supply such info on request.

For modern phones operating on data plans, the perp's lawyers might be able to argue that any data transmissions were 'automatic' activity and didn't require human interaction.

I guess that the phone call becomes just computer data transmission and that kind of data exchange isn't subject to legislation and probably never will be. So that would be a possible loophole to any effort to make it .