Distracted driving has become one of the leading causes of vehicle collisions in the United States, claiming thousands of lives each year. Many drivers have turned to hands-free devices as a safer alternative to handheld phones.
These devices allow drivers to make calls, send messages, or operate navigation systems without physically holding a phone. Over the years, they have gained popularity as drivers look for a better alternative to operate their smartphones.
But the question remains: is it safe to use a hands-free device while driving? Here is what you need to know about these devices and why car accidents are still a possibility even when they are in use.
What Does West Virginia Law Say?
Everyone knows that texting and driving are bad, and that’s why this activity is banned in almost all states. West Virginia law prohibits texting and operating any handheld device while driving.
However, there is no statewide ban on using hands-free devices while driving. That leads many drivers to believe that hands-free technology is completely safe.
But just because something is legal does not mean it is risk-free. Hands-free does not remove the most dangerous part of distracted driving: the mental distraction.
The Hidden Danger of Hands-Free Devices
There are three types of driver distraction. They include:
- Visual that takes your eyes off the road.
- Manual that takes your hands off the wheel.
- Cognitive that takes your mind off the task of driving
Hands-free systems reduce the first two types. But they do nothing to address cognitive distraction. When a driver is engaged in conversation, even one conducted over Bluetooth, they are not fully focused on the road.
Studies show that drivers talking on a hands-free device can experience inattentional blindness. This is where they physically look at their surroundings but fail to “see” what’s happening.
They might miss stop signs, ignore sudden hazards, or react too slowly to braking traffic, and the consequences can hurt others.
Research Confirms the Risk
The National Safety Council has warned against the false sense of security that hands-free devices create. According to their findings, using a hands-free system while driving is not safer than using a handheld phone.
Drivers are still mentally distracted, affecting judgment, reaction time, and the ability to process surroundings. The AAA Foundation for Traffic Safety found that even voice-activated tasks, like composing a text or changing music, can create mental distractions that linger up to 27 seconds after the task ends.
At highway speeds, that is the equivalent of driving the length of three football fields without full awareness.
What Happens When Hands-Free Distraction Causes an Accident?
To pursue a West Virginia personal injury claim, negligence is the legal standard. If a driver fails to exercise reasonable care and causes an accident, they can be held financially liable for your injuries.
Even if the at-fault driver used a legal hands-free system, their mental distraction may still be considered negligent behavior. Some examples include:
- Arguing on a Bluetooth call
- Giving voice commands to a GPS and missing traffic signals
- Using voice-to-text while driving through an intersection
All these scenarios could have created a lack of focus that directly contributed to the crash.
In these situations, your attorney may investigate phone records, vehicle data, or witness accounts to establish the distraction’s role in the collision.
The Illusion of Safety
There’s a comfort in believing we can do it all, such as drive, work, text, and talk, without missing a beat. Hands-free devices were supposed to offer that promise: a safe, convenient way to stay connected behind the wheel. And for many drivers, that illusion persists.
But if you’ve been injured, hospitalized, or left struggling because of someone else’s distraction, you know the danger behind these devices.
The driver who hit you may not have been holding their phone. They might have thought they were being responsible.
Unfortunately, no technology can replace human focus. Hands-free does not mean harmless. You were not harmed by chance. A choice injured you; one made in the split-second belief that multitasking on the road was no big deal. With that, you have the right to take legal action against the driver who decided to use a hands-free device and take their focus off the road.
At DiPiero Simmons McGinley & Bastress, PLLC, we can help you explore your legal options. Every driver needs to be responsible on the road, and when they fail in that duty, they could be liable for damages caused by inattentiveness. We are ready to help you pursue compensation in these cases.
