Like most of the states, West Virginia has changed its law to make certain forms of distracted driving illegal. Specifically, state statutes prohibit the manual use of a mobile phone while in control of a vehicle. Police officers have the authority to issue citations to those who handle mobile devices while driving. Despite that law and public awareness campaigns about the risks of distraction, quite a few people cannot put their phones down for the entirety of their time at the wheel.
A surprising number of motorists text while driving anyway. Some people use talk-to-text software which they believe helps them remain compliant with the law. While talk-to-text software may prevent the manual use of a phone at the wheel, it does not actually eliminate distraction.
Talk-to-text software increases driver distraction
The idea behind talk-to-text software is simple. Voice recognition software converts audio input from the software user into written text. This process theoretically allows someone to compose an email or text message without looking down at a device.
Unfortunately, researchers have evaluated this process and reached a conclusion that people find surprising. Most people using talk-to-text software feel a strong compulsion to look down at their devices and confirm the accuracy of the text produced. In fact, researchers who quantify the degree of distraction people experience claim that talk-to-text software may cause higher levels of distraction than other forms of mobile phone use while driving.
Even though people may feel compelled to check their messages and respond as quickly as possible, there is no safe way to do so in a vehicle. Workarounds intended to comply with the letter of the law do not necessarily prevent dangerous distractions while driving. Even if the person who causes a crash tries to assert that they did not violate state statutes because they used talk-to-text software, their decision to focus on their phone instead of on road conditions might make the crash their fault.
Those affected by distracted-related collisions may have the option of pursuing either an insurance claim or a personal injury lawsuit against a driver who texted and then caused a car wreck. Those who understand the various sources of collision risk can use that knowledge to hold someone else accountable for making unsafe choices.