New Jersey and Washington have banned driving while texting-a growing problem on the road.  Distractions like cell phones, text messages, the radio or even talkative passengers can prove deadly, according to the Insurance Information Institute.

A survey by Liberty Mutual Group and Students Against Destructive Decisions showed that teens considered sending text messages via cell phones to be their biggest distraction.  Of the teens surveyed, 37 percent said that text messaging was extremely or very distracting, while 20 percent said that they were distracted by their emotional states and 19 percent said that having friends in the car was distracting.  A survey by Nationwide found that 19 percent of motorists say they text message while driving.

Distraction Causes Crashes

The federal government estimates that 30 percent of all crashes in the United States involve driver distraction. Inattentive driving accounted for 6.4 percent of crash fatalities in 2003-the latest data available-according to the U.S. Department of Transportation.  While cell phones and text messaging top the list, distractions also include radios, palm pilots, laptops, navigational aides, eating, drinking, grooming, reading, writing, television watching and attending to children.

Employers are now concerned that they may be held liable for accidents caused by their employees while driving and conducting work-related conversations on cell phones, according to the I.I.I. Under the doctrine of vicarious responsibility, employers may be held legally accountable for the negligent acts of employees committed in the course of employment.  Employers may also be found negligent if they fail to put in place a policy for the safe use of cell phones.