At the end of last month we saw the Government's latest effort to reduce the amount of road accidents and resulting car accident claims made for personal injury in the UK. A new law, with an increased penalty for using hand-held mobile phones while driving, was introduced on 27th February 2007.

The need for a law to prohibit the use of mobile phones behind the wheel is highlighted by the fact that motorists are four times more likely to be involved in a road accident if driving whilst using a mobile phone. Scientists have proven that a mobile using driver's reaction time is reduced by a staggering 50% compared to that of a normal driver's. According to the Direct Line Mobile Phone Report 2002, using a mobile involves a number of distractions including visual, auditory, mental and physical.

Would you tie your shoe lace while driving? Would you read a book while driving? Would you apply your make up while driving? Ok some people would and some people have been caught in the act but it is extremely dangerous. It is enormously difficult to do more than one thing at once, especially while carrying out a task like driving, which takes tremendous concentration.

Even the most cautious and adept of drivers are at risk of causing a road accident which could result in serious personal injury and end up needing to make a car accident claim. It takes less than one second for a car accident to occur and a few moments fiddling with your mobile, whether you are writing a text message, pressing the receive button or adjusting the volume, is all that's required.

It is also important that anyone who is considering making a call to someone who they know is driving thinks twice before hitting the little green button. If you really have to communicate something that can't wait, think about catching them before they set out on their journey or simply send them a text that that they can pick up when they pull over.

Drivers should safe-guard themselves by switching their phone to voicemail, message service or call-diversion before getting behind the wheel and remember that if their phone does ring they should let it ring until they are able to answer it safely and legally.

Remember that you could be just as easily penalised for using your mobile phone while in a traffic jam or waiting for traffic lights to change as you would while bombing down a motorway. In fact, when at a standstill there is probably more chance of you being caught out and it isn't worth the risk of gaining a penalty or causing a car accident.

If a police officer suspects that you have been using a mobile phone while behind the wheel, as a result of your poor driving, he or she is entitled to pull you over. Assuming the case goes to court, your mobile phone records for the time the incident occurred can be checked and if it turns out you were either making or receiving a call you will face the consequences.

Superintendent Paul Morison from the Sussex Police Road Policing Department has commented, "This is not another bash at the motoring public, it's about helping to prevent people getting injured on our roads.

"The severity of the penalty reflects the dangers posed through mobile phone use and not maintaining proper control of your car.

"We will stringently enforce this law from the 27th February and believe it will lead to safer roads and safer communities."

However, similarly to when the new child seat legislation was updated back in September 2006 [link to copy], there is a lot of confusion as to what the new mobile phone law pertains to. This is precisely why the personal injury compensation claim experts here at Car Accident Advice Line have decided to simplify what's what if caught using a hand-held mobile phone while using a motor vehicle (including a motorcycle) while on public roads.

* On the spot fines of £60
* Three penalty points on your licence
* If the case goes to court:
* Maximum fine of £1,000 for car drivers
* Maximum fine of £2,500 for bus, coach and heavy goods vehicle drivers

Also:
A driver can be prosecuted for using a hands-free device if they are considered not to be in proper control of their vehicle when using the device, and the same penalties apply.

Employers are at risk of being prosecuted. If an employee is required to make or receive mobile phone calls while driving then their employer could face a fine.

Exceptions to the rule
While it is the government's intention that the new regulations should be abided by all drivers, at all times there are some minor exceptions to the law:

A driver is permitted to call 999 or 112 (in countries where 112 is not the emergency number callers are likely to have their calls redirected to the local emergency number) in response to a genuine emergency.

Two-way radios are excluded from this regulation. However, other devices for sending and receiving data such as PDAs and similar devices are included.

What this means
As well as running the risk of causing a fatality or serious personal injury in a car accident, those that talk and drive face an expensive outcome. The impact of having three points added to your licence could be bigger for some than others. Penalty points can add pounds to your car insurance premium and young drivers could also face having their licence revoked. If you are caught using your hand-held mobile phone points just twice and gain six penalty points within two years of passing your test you will lose your licence and have to re-sit your test.

How will drivers be made aware?

From 22nd January 2007 a campaign has been running on television, radio and online as well as throughout the national press in order to increase awareness about, and show support for, the change in legislation. Road Safety Officers will also be promoting the campaign in their local area, hoping to decrease the risk of car accident injury claims in their area.

One ad has been televised showing a man chatting to his wife on his mobile while driving home. He is involved in a road accident while his wife is listening at the other end of the line and the ad shows the devastating effect chatting on your mobile while driving can have. Think!

www.thinkroadsafety.gov.uk/index.htm has also produced promotional material heading the tagline 'Dying to take a call?', also taking a hard-hitting approach to road safety awareness.

If you have been involved in a non-fault collision caused by someone using a mobile phone you may be well within your rights to make a car accident claim for damages. You could employ the help of a no win, no fee personal injury solicitor to represent your case and make a claim for the compensation that you deserve.

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