It’s no secret that distracted driving, from phone conversations to texting or navigating directions, is one of the leading causes of traffic fatalities every year. One effort to address this concern has been the introduction of hands-free devices, such as phone mounts and GPS systems. The reasoning behind this is that if your hands are on the steering wheel and your eyes are on the road, the risk of an accident is minimized.
Some state and local laws have even been updated to reflect this principle, with over 30 U.S. states and territories requiring drivers to use only hands-free devices while operating their vehicles. Unfortunately, despite their safety improvements, hands-free devices aren’t a silver bullet. That’s because driving safely isn’t just a matter of having both hands on the wheel and eyes on the road, but being fully focused on what’s happening around you.
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What Is Cognitive Load?
The term “cognitive load” defines the total amount of focus your brain expends at a given time. The simpler a task is, the “lighter” the cognitive load is. However, if the brain is occupied with more complex tasks or many simple tasks at one time, the load becomes heavier. You’ve likely already experienced a cognitive overload at some point this week. Maybe you’ve tried to type an email at work while your co-worker was having a conversation with you, and you noticed that you missed some details from the conversation, or you mistyped a portion of the email. Or perhaps you’ve been walking while thinking deeply about something and suddenly realized you passed your destination.
The same principle applies to driving. When you’re behind the wheel, you’re processing an enormous amount of information, such as the speed of your vehicle, road conditions, the presence of pedestrians, and directions. When you experience this array of stimuli while simultaneously having a phone conversation, it’s just one more thing weighing on your cognitive load.
Hands-Free vs. Hands-On: The Misleading Comparison
Driving with only one hand on the wheel is certainly more dangerous than driving with both hands on the wheel. However, studies show that the danger of having a phone conversation while driving is less about having an extra hand to support your steering and more about the distraction of the conversation itself.
According to the National Safety Council, when any conversation is taking place while a car is in motion, the driver can miss as much as 50% of what’s happening on the road. This is true regardless of whether the use of hands-free devices is employed or not. This phenomenon is called “inattentional blindness,” which is closely related to the idea of a cognitive load.
Essentially, when you are focused on the emotional stimuli of a conversation, your brain is unable to cognitively process what your eyes see in front of you, such as pedestrians, road conditions, or signal changes. Furthermore, even if hands-free devices are in use, they’re very rarely 100% “hands-free.” In most cases, the only hand-use requirement that is eliminated is the driver holding the phone to their face, but the driver may still need to press a call or answer button, unlock the lock screen, toggle brightness or volume, and hang up the call.
The Real-World Consequences of Distracted Driving
One study shows that 8% of car accidents every year are caused by smartphone use alone. The National Highway Traffic Safety Administration also estimates that distracted driving accidents cause around 3,000 deaths each year. A few seconds of distraction may seem harmless, but it can have life-changing consequences, whether it’s missing a signal, drifting into the other lane, or failing to spot a pedestrian.
Safety Tips for Minimizing Cognitive Load While Driving
There isn’t anything inherently wrong with using a hands-free device. The problem arises when drivers rely on these devices alone to minimize risk. It goes without saying that the best way to stay safe on the road is to avoid cellphone use entirely, but this isn’t always practical, especially if you rely on GPS for navigation.
If you must use a cellphone or other in-car device, the best approach is to only operate the device after you have come to a full stop in a safe location. The same goes for all phone conversations, regardless of whether you need to handle your phone in the process. Whether you need to text or talk, always pull over before responding to notifications or calls coming in on your phone. Better yet, consider enabling your phone’s “Do Not Disturb” mode for the duration of your trip to temporarily disable call, text, and other notifications.
Ultimately, the goal isn’t to remove every single distraction but to recognize how even seemingly harmless ones can build up. Each small demand on your attention adds to your cognitive load and increases the likelihood of missing something critical.
What If You’re Injured by a Distracted Driver?
While the tips above can help reduce the risks that come with cellphone use and driving, keep in mind that distracted driving accidents can still happen even if you maintain safe driving habits at all times. While you may limit or cut out cellphone use entirely while driving, that doesn’t mean that other drivers are going to offer you the same courtesy. If you’re hit by a driver who was using their cellphone (whether handheld or hands-free), you have the right to pursue compensation for any resulting damages.
However, you’ll need to show that the driver’s inattention caused the crash. That’s where legal pros come in. A car accident attorney can obtain phone records, GPS data, witness statements, and other evidence that can strengthen your case but may be difficult to access on your own. Beyond evidence gathering, a lawyer can also assist with filing paperwork, calculate the full range of damages, and negotiate with insurance companies on your behalf to ensure that you’re getting paid fairly for the pain and suffering you’ve endured.
Professional legal assistance is even more critical when you’re hit by someone who doesn’t have insurance. An uninsured motorist accident attorney can help you with the process of claiming compensation for your losses, especially in a fault state like North Carolina.
Hands-Free Is Not Risk-Free
While hands-free driving may be more convenient, the reality is that it doesn’t eliminate all or even most of the risk that comes with cellphone use. The only way to truly prevent an accident caused by phone use is to keep your phone off and stowed while driving. If eliminating phone use entirely isn’t an option, consider limiting it to only one or two non-conversation tasks (such as GPS or music), using the device only when stopped, and temporarily turning off notifications. This will help lower your cognitive load and allow you to focus more of your attention on the road. If, however, a distracted driver hits and injures you, that’s when it’s time to reach out for legal help. A lawyer can help you understand your options and protect your right to fair compensation.

