Bill addresses cell phones in cars

Wednesday, Feb. 21, 2001 | 10:32 a.m.

CARSON CITY -- A motorist involved in an accident while talking on a hand-held cellular phone would be presumed at fault in a civil lawsuit under a bill introduced in the state Senate Tuesday.

Some cities and counties have barred the use of cell phones while driving, but Sen. Terry Care, D-Las Vegas, said a criminal law would be unenforceable. He said he expects stiff opposition from the industry on Senate Bill 214.

The bill says that in a civil suit to recover damages for death or injury to a person or property, the plaintiff must establish by a "preponderance of the evidence" that the driver of the vehicle was using a "mobile telephone" at the time of the accident. If that is shown, then the driver using the cell phone is presumed to be negligent.

The driver would have the burden of rebutting that he or she was negligent. Only hand-held telephones would be covered, not citizens-band radios, two-way radios or hands-free telephones.

Pedestrians using telephones could be held to the same standard if they are involved in traffic accidents.

A survey by the National Highway Transportation Safety Administration found about 85 percent of the nation's 110 million cell-phone owners used them in some form while driving.