The desire to make the punishment fit the crime, to make the offender’s penalty commensurate with the suffering that resulted from his or her actions, is natural and understandable. It’s also a mistake that compounds a tragedy. That would be true of Senate Bill 436, legislation filed at the urging of the victim of a 2018 accident caused by a driver distracted by his cell phone.
Distracted drivers are a menace. Every day, at least nine Americans are killed and 100 injured in accidents caused by them, according to the National Safety Council. The death toll in 2017 from distracted driving – fiddling with the radio, turning to check on the kids, reaching for a coffee cup or sending or reading a text message – was 3,166, according to the National Highway Traffic Safety Administration. Clearly more needs to be done to make cell phone use in particular taboo. But draconian penalties aren’t the answer.
A Senate bill sponsored by state Sen. Shannon Chandley of Amherst on behalf of a constituent who suffered grievous injuries and more than a half-million dollars in medical expenses would increase the potential prison time for a driver whose use of an electronic device led to an accident resulting in injury or death from a maximum of one year in jail to seven. The bill would also double the maximum fine to $4,000.
The tougher penalties, particularly the threat of years behind bars, might change driver behavior, but we’re doubtful. Franklin Sen. Harold French got it right when he asked, “Do we want to fill our prisons with people who reached for their cell phones for up to seven years.” Of course not. Stiffer fines, a longer period of loss of driving privileges, more community service, yes. Jail time, no.
Federal traffic statistics show that distracted drivers under age 20 account for the greatest proportion of fatal crashes. That means, particularly for males, young people whose brains and decision-making ability are not fully developed. A long period of incarceration risks ruining an offender’s life. Incarceration means job loss, broken families and a host of societal problems.
The bill is beyond a simple fix. The issue needs more study. Stricter enforcement would help, as would campaigns, particularly in high schools, to warn motorists about the danger of succumbing to the temptation of checking a message or sending one while driving. The five seconds it takes to send a text is the equivalent, if traveling at 55 mph, of driving the length of a football field with one’s eyes closed. How many times can that be done before it leads to disaster?