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: Legal Theory Blog

Gostin & Jacobson on Distracted Driving

By Lawrence Solum

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Lawrence O. Gostin and Peter D. Jacobson (Georgetown University Law Center - O'Neill Institute for National and Global Health Law and University of Michigan School of Public Health) have posted Reducing Distracted Driving: Regulation and Education to Avert Traffic Injuries and Fatalities (Journal of the American Medical Association, Vol. 303, pp. 1419-1420, 2010) on SSRN. Here is the abstract:
    In this article, we consider the legal and policy implications of distracted driving (the tendency of people to use electronic devices while operating a motor vehicle). After reviewing the empirical evidence showing that distracted driving has serious adverse consequences, we discuss the legal basis for governmental interventions to reduce distracted driving. These interventions include laws restricting the use of electronic devices while driving, especially sending text messages. Since drivers have at best a reduced expectation of privacy, these restrictions should easily survive legal challenges. At the same time, it is important to consider the responsibility of automobile manufacturers to improve safety though design changes. We also advocate health education to change social norms to reduce distracted driving.

Full post as published by Legal Theory Blog on July 21, 2010 (boomark / email).

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