Kathleen Dunleavy, a spokeswoman for Sprint Nextel -- the only group formally opposing Simitian's proposal -- said: "These types of bills single out the wireless phone whereas there are many other distractions drivers encounter, including screaming kids in the back seat, eating food, putting on makeup -- so all of these are certifiable distractions, but those are not legislated."
Indeed, legislators have considered and rejected a slew of bills, including some that would outlaw "distracted driving" of any kind. But Simitian's efforts to focus on the hand-held cellphone received a boost from statistics that the California Highway Patrol began compiling in 2004.
That year, police reported 775 accidents -- including five fatalities -- in which a driver at fault was using a hand-held cellphone. There were only 28 reports of accidents caused by drivers with hands-free phones.
Preliminary statistics from 2005 show the same pattern: 1,098 accidents, including six fatalities, caused by drivers holding cellphones, and 102 crashes -- with one fatality -- caused by motorists talking through a headset or intercom.
Use of a radio or CD player was listed as the second-largest cause of inattention in 2005, contributing to 892 accidents. In both years, the most common distractions after phones and music were, in order, children, eating and reading.
Nonetheless, a number of customers at a Sprint cellular store in downtown Los Angeles reacted skeptically Wednesday to the idea of a ban.
"As long as you're paying attention to the road ... there won't be many accidents," said Edson Colmenares, 23, a packer at a shipping company. "Why go through all that trouble [of passing a law], when people still are going to do it?"
James Simmons, a 50-year-old lawyer, condemned such "useless laws." He said the greater threat comes not from how a cellphone is employed -- with or without hands -- but whether the driver allows it to puncture his or her concentration.
Simmons faulted drivers who become a hazard because they "get engrossed in conversations arguing about something, looking for directions, eating French fries, whatever."
But the store's sales manager, Daniel Martinez, called the proposed law "a great idea," adding that holding a cellphone while driving "is definitely a distraction" that not only increases accidents but contributes to slow traffic.
He said many of the shoppers at his store probably would support the law too because "a lot of our customers use headsets anyway."
