Cell Phone Distraction, Human Factors, and Litigation, 2nd Edition

Author/Editor: T. Scott Smith, Ph.D.; Contributors: Stevie M. Breaux, B.A., Grant Chiasson, B.S., Patrick L. Dunn, Ph.D., Yi He, M.S., Ashlie Latiolais, AIA, NCARB, Noah Neidlinger, Ph.D., Eugenie E. Provost, M.Arch., M. Ashifur Rahman, M.S., Corey L. Saft, RA, LEED-AP, Mary Sciaraffa, Ph.D., Lauren A. Short, E. Rachel Smith, R.N., M.S.N., Ming Sun, M.S., Xiaoduan Sun, Ph.D. ISBN 10: 1-936360-79-9 ISBN 13: 978-1-936360-79-6 Copyright Date Ed: January 25, 2018 Pages: 704 Binding Information: Hardcover Size: 6 ✕ 9 Inches (US) Cell phones, straightforwardly, represent one of the utmost significant technological and cultural advances since fire. It is difficult for anyone to emerge upon any public location without hearing someone talking on their cell phone or observing someone texting reverently. While cell phones offer easy an entree to communication, the technology likewise compromises psychological, communication, and cognitive realities. Cell phones represent a cognitive distraction. That is, cell phones represent a reduced ability for individuals to pay attention, process information, and then make decisions. Some ongoing behaviors associated with cell phone users have parallel features of addiction. Individuals have intense feelings of elation and despair concomitant with receiving voice calls and also text messages. Most people are not satisfied with checking messages or missed calls once or even twice an hour, but rather must check their cell phones four, five, or six times hourly, perhaps even more. If a cell phone is lost, feelings of uneasiness, despair, and panic often continue. When a cell phone call or text message is received, individuals have derived physiological symptoms, such as increases in blood pressure and heart rate. People spend prodigious amounts of time adding applications to their cell phones. Considering the impact of cell phones on culture itself, it may be reasonably assumed that cell phone use and distraction will similarly continue to impact the field of law across many dimensions. As the general public and attorneys begin to contemplate upon the research and furthermore evaluate cases in the context of cell phone distraction demands, respectfully, guidance is needed to both prompt further investigation and also critically examine case credibility that may pivot on the understanding of the role of cell phone distraction on case particulars. Without an understanding of the historical and cognitive foundations of cell phone distractions, attorneys are little more than guessing or estimating how this medium may affect their case. This book and applicable arguments will help attorneys understand the potential impact of cell phone distraction on plaintiff and defendant behavior. For the general reader, this book will furthermore offer a historical framework and then serve as an impetus for further exploration. This new Second Edition is greatly expanded from the last edition, covering the exponentially expanding information on cell phones and their interaction with our lives. This edition delves further into the psychological, physiological, and social aspects of cell phone use and cell phone distraction, with many new and expanded topics. Topics Include Cognition Driving Failures of Visual Awareness Human Factors and Social Interactions Driver Observation Studies Developmental Aspects Mere Presence Effect Distracted Walking Nursing Performance Litigation Jury Selection and Education Cell Phone Searches by Law Enforcement Social Cyberbullying Cell Phones and Architecture Automated Cars Fake News Future Directions in Research Table of Contents Preface to the Second Edition Preface to the First Edition Part I: Defining Cell Phone Distraction Chapter 1: Defining Cell Phone Distraction 1.1 Introduction 1.2 Involves a Cell Phone and Interaction with the Device 1.3 Range of Electronic Mediums Increases 1.4 Cognitive Distraction 1.5 Inability or Loss of Ability to Communicate with Others 1.6 Offers a Medium for Addiction 1.7 Results in Psychophysical Overlay 1.8 Impacts both Sensation and Perception 1.9 Results in Legal Implications 1.10 Conclusion Chapter 2: Main Questions 2.1 Human Factors A. Diversity of Interests B. Human Communication C. Memory and Sensations D. Diversion from Strictly Driving-Based Research 2.2 Identifying the Main Questions A. Does Cell Phone Distraction Affect Memory? B. Does Cell Phone Distraction Affect Decision-Making? C. Is Memory for Someone Who Sees or Reviews an Event While Distracted “Worthless” in Comparison to a Non-Distracted Person? D. Can Cell Phones be Eliminated from Cars to Completely Remove this Distraction? E. As the Functionality of Cell Phones Increases, Will this Make Us Less Dependent on Biological Memory Systems and More Dependent on External Devices for Primary Memory Regulation? F. Does Hands-free Technology Eliminate or Reduce the Level of Distraction? G. Is Memory from a Non-Distracted Person “Perfect?” H. How Much Does Memory Differ Between a Non-Distracted and Distracted Person? I. Does Cell Phone Distraction Impair Parenting? J. Does Cell Phone Distraction Affect Younger and Older Persons Differently? K. Are Younger Individuals More Accustomed and Comfortable with Emerging Cell Phone Technology than Older Adults? L. Will Liability be Redirected for Harmed Pedestrians with the Increasing Utilization of Cell Phones on a Continuous Basis? M. What are the Physiological Foundations for Cell Phone Distraction? N. Are there Gender Differences in the Susceptibility to Cell Phone Distraction? O. Do Cell Phones Cause Headaches? P. Can Facial Identifiers Designate Cell Phone Usage and Non-Usage? 2.3 Summary Chapter 3: History 3.1 Bandwidth 3.2 Transmissions of Signals 3.3 The Radio 3.4 World War I Applications 3.5 Cell Phone in Public Media, Early 1900s 3.6 Public Switched Telephones 3.7 Public Initiatives 3.8 Cell Phone in Public Media, Mid-1930s 3.9 Military Applications, 1930s and 1940s 3.10 Automobile-Based Phones, Mid-1940s 3.11 Making the Cell Phone More Transportable 3.12 Cell Phone as Social Symbol 3.13 Diversity of Purpose and Changing Public Expectations 3.14 Present Status Recommended Readings Chapter 4: Cell Phone Use in Contemporary Society 4.1 Relevancy 4.2 Contemporary versus Antiquated Data 4.3 Goals of the Present Chapter 4.4 Selection of Resources 4.5 Device Ownership 4.6 Device Ownership Over Time 4.7 Cell Phone Activities A. Snapshot Cell Phone Use B. Cell Phone Use Across Time 4.8 Ownership Demographics A. Sex B. Race C. Educational Level D. Community Type E. Household Income 4.9 Conclusion Part II: Cyberbullying and Litigation Chapter 5: Cyberbullying, Cell Phone Distraction, and Litigation 5.1 Bullying Defined 5.2 What is Cyberbullying? 5.3 Differentiating Bullying from Internet Trolling 5.4 What Are the Main Legal Questions? A. Under What Situations Would School Officials Be Answerable for Failing to Respond? B. When Must School Officials Intervene? C. When May Internet Records be Searched or Monitored without Violating Students Rights? D. Pivotal Cases 1. Davis v. Board of Education 2. Vance v. Spencer County Public School District 3. Patterson v. Hudson School District E. From the Parents’ Perspective 1. Suit against the bully 2. Suit against the school district 5.5 Conclusion Part III: Observational, Ecologically Valid Studies Examining Cell Phone Use while Driving Behaviors Chapter 6: Past Research: Distractions in Everyday Driving (2003) Study by AAA Foundation 6.1 Applications for Attorneys 6.2 Applications for Researchers 6.3 Expectation of Driver Behaviors 6.4 Results of Study A. Age Differences B. Sex Differences C. Distractions Driving Alone and with Passengers D. Eating and Drinking E. Vehicle Moving versus Stopped F. Distractions and Safety Risks G. Inconclusive Results 6.5 Conclusions Chapter 7: Replication Study: Observation of Driving Behaviors in Collegiate Students Lauren A. Short and T. Scott Smith, Ph.D. 7.1 Executive Summary 7.2 Method A. Data Collection Protocol B. Driver Distraction Taxonomy C. Data Coding 7.3 Results A. Observation and Participant Descriptors B. Participant Responses upon Return of Dash Cameras C. Context Variables D. Driving Behaviors while Moving E. Driving Behaviors while Stopped F. Eye Gaze 7.4 Discussion A. Duality of Discussion Purpose B. Affordability and Utility of Dash Cameras in Vehicles C. Modification of Human Behavior Associated to Installation of Dash Cameras D. Utilization of Momentary Time Sampling E. AAA Foundation Study Format Allows for Easy Replication F. Drivers More Probable that Not to Use their Seat Belts G. Drivers Are Not Very Cautious When Approaching Yellow Lights H. Drivers Check their Rearview Mirrors Often, but Not Enough I. Almost All Drivers Use their Cell Phones for Music-Listening Applications J. Wide Differences Exists in Personal Perception of the Frequency of Texting While Driving K. No One Claims to Check Emails or the Internet While Driving L. Clearly, Large Proportion Receive Phone Calls While Driving M. No One Reads While Driving N. Cell Phone Use While Driving O. Cell Phone Use While Stopped P. Eye Focus 7.5 Conclusion Part IV: Human Factors and Performance Subpart A: Cognition Chapter 8: Foundations of Cognitive Science 8.1 Psychophysics and Applicable Thresholds A. In Summary B. Applications for the Eyewitness C. Applications for the Expert Witness 8.2 Attention as a General Construct A. Applications for the Eyewitness B. Voluntary and Involuntary Attention C. Application toward the Eyewitness 8.3 Inattentional Blindness 8.4 Divided Attention and Multi-Tasking 8.5 Distracted Drivers Require Longer Times to Complete Driving Tasks 8.6 Summary for Attentional Demands A. Applications for the Eyewitness B. Applications for the Expert Witness 8.7 Memory A. Defining Memory as a Cognitive Construct B. Models of Memory C. Active Witnesses D. Theories of Forgetting E. Aging and Memory F. In Summary 8.8 Applications for the Eyewitness 8.9 Summary and Conclusions Endnotes Chapter 9: Mere Presence Argument 9.1 Original Concept in Social Psychology 9.2 Mere Presence Argument, Criminal Defense Cases, and Potential Limits or Assumptions 9.3 Disconnect with the Social Psychology Research 9.4 Applied Research A. Mere Presence of Cell Phone and Personal Relationships B. Mere Presence of Cell Phone and Completion of Psychological Tests C. Implications from Research Results 9.5 Extension of the Mere Presence Argument towards Driving: Differentiating Automatic and Controlled Processes 9.6 Relative Uncertainty, Variable Rewards, and the Mere Presence Argument 9.7 Societal Expectation to Promptly Return Calls and Other Communications, and the Mere Presence Argument 9.8 Case Examples 9.9 Concluding Remarks References Chapter 10: False Memory and Cell Phone Distraction 10.1 Defining False Memories 10.2 Historical Development 10.3 Theoretical Aspects A. Development of a Memory B. Fuzzy Trace Theory C. Activation Monitoring 10.4 Effects of Cell Phone Distraction on True and False Recognition 10.5 Factors that Affect False Memories A. Developmental Aspects B. Emotional Content 10.6 Recommendations Regarding an Attorney’s Selection of Expert Witnesses 10.7 Conclusions Suggested Readings and References DRM Paradigm Flashbulb Memory Fuzzy Trace Theory George Bush and False Memory Weapon Focus Effect Chapter 11: Original Research: Reconstruction Memory 11.1 Rationale for Study 11.2 Identification of Experimental Approach 11.3 Experimental Questions 11.4 Method A. Participants B. Stimulus Materials C. Procedure D. Results 11.5 Discussion 11.6 Conclusion References Chapter 12: Cell Phone Usage and Physiological Responses 12.1 Applications for Attorneys 12.2 Applications for Researchers 12.3 Cell Phone Ringing 12.4 Text Message 12.5 Gait Variations 12.6 Headaches 12.7 Multiple Subjective Complaints 12.8 Absent Cell Phone Presence and Cell Phone Ringing 12.9 Interesting versus Mundane Material and Physical Responses while Driving 12.10 Hearing 12.11 Hearing and Vision 12.12 General Observations A. Need to Define “Harmful” B. Utilize of “Control” Events C. Individual Differences D. Role of Motivation E. Concurrent Role of Personality F. Further Research Needed Regarding Vision and Hearing G. More Meta-Analyses Are Warranted 12.13 Conclusion Chapter 13: Distracted Walking 13.1 Occurrence of Accidents 13.2 Current Research A. Laboratory Studies B. Observational Studies 13.3 Occurrence of Safety Risks and Distracted Walking 13.4 Legal Implications A. Memory Impairment B. Distracted Walkers and Liability C. Drivers Implicated in Distracted Walker Accidents 13.5 Summary and Conclusions References Subpart B: Vision Chapter 14: Failures of Visual Awareness 14.1 Two Main Failures of Visual Awareness Associated with Cell Phone Distraction A. Loss of Field of View (Loss of Driving Acuity and Increase in Accident Propensity) B. Loss of Attentional Allocation to Items within Field of View (Loss of Acquisition of Knowledge to Items that are Important) 14.2 Pending Chapters Chapter 15: Change Blindness 15.1 Historical Framework 15.2 Modern Research Directions 15.3 Physiological Foundations 15.4 Factors that Affect Change Blindness 15.5 Practical Implications 15.6 Conclusions References Chapter 16: Visual Masking 16.1 Factors Impacting Visual Masking 16.2 Applications of Visual Masking Suggested Readings Chapter 17: Inattentional Blindness 17.1 Origination of Inattentional Blindness Research 17.2 Initiation of Additional Studies 17.3 Initiation of Cell Phone-Specific Studies 17.4 Unanswered Questions in Inattentional Blindness 17.5 Attorney Applications A. Cell Phone Distractions Tend to be Different than Other Car-Based Stimuli B. Task of Walking Varies When the Walker is Distracted by a Cell Phone C. Inattentional Blindness Consistently Shown in Driver-Simulation Studies D. Distracted Persons Oblivious to Other Distractions with Concurrent Cell Phone Distraction 17.6 Conclusions References Part V: Cell Phone Distraction and Architecture Chapter 18: Cell Phone Technology and the Built Environment Eugenie E. Provost, M.Arch,, T. Scott Smith, Ph.D., Corey L. Saft, RA, LEED-AP, and Ashlie Latiolais, AIA, NCARB 18.1 Architectural Concerns: Questioning the Paradigm Shift from Physical to Virtual Space 18.2 Mending Digital Divide through Architecture 18.3 Lessons from Social Media and Digital Multitasking: Introduction of Peripheral Space 18.4 Complexities and Contradictions of Digital Culture 18.5 Cultural Divide and Generational Gaps 18.6 Case Study: Rectifying Digital Culture across Generations through Architecture: Physical and Peripheral Space Making A. Design Team B. Thesis Statement C. Proposition D. Project Scenario E. Analysis F. Site Strategies G. Mood, Program, and Sequence H. Schematic Design Building Strategies 18.7 Architectural Work and the Legal Framework 18.8 Technology In The Building to Technology Of The Building Part VI: Human Development Chapter 19: Mobile Media and Young Children Mary Sciaraffa, Ph.D., CFLE 19.1 Digital Technology and Today’s Youngest Generation 19.2 Children’s Access and Ownership of Mobile Media 19.3 Mobile Media Use Patterns Amongst Children 19.4 For What Purpose Does the Parent Provide Mobile Media to Children 19.5 Differences Amongst Families That Provide Access to Mobile Media 19.6 Impact of Mobile Media Usage on Childhood Experiences 19.7 Recommendations for the Use of Mobile Media with Children 19.8 Conclusion 19.9 The Future of Today’s Youngest Generation References Chapter 20: Ineffective Parenting and Cell Phone Distractions 20.1 Parenting Defined 20.2 Parenting Styles A. Authoritative Parenting B. Authoritarian Parenting C. Permissive and Uninvolved Parents 20.3 Attention A. Multi-Tasking B. Hands-Free Cell Phone Technology C. Simultaneous Attention D. Clinical Models 20.4 Childhood Neglect 20.5 Conclusion References Chapter 21: Childhood Cognition and Eyewitness Testimony 21.1 Attention 21.2 False Memory 21.3 Weapon-Focus Effect 21.4 Prior Knowledge 21.5 Stereotypes 21.6 Memory Retention A. Memory Strength B. Script Knowledge C. Memory Storage Capacity 21.7 Reporting an Event 21.8 Communication and Linguistic Skills A. Communication B. Linguistic Skills 21.9 Memory Vulnerability A. Intelligence B. Mental Health C. Source and Reality Monitoring D. Suggestibility E. Individual Differences 21.10 Conclusion References Source Monitoring Reality Monitoring Childhood Cognition False Memory and DRM False Memory and Children Weapon Focus Effect Children and Stereotypes Individual Differences and Memory and Children Chapter 22: Eyetracking as a Developmental and Litigation Tool to Understand Cell Phone Distraction 22.1 Case Example 22.2 History 22.3 What Will the Data Show? 22.4 Applications A. Hands-Free Cell Phones B. Accident Specific Awareness C. Vehicle Simulators D. Geriatric Research E. Fatigue Detection F. In-Vehicle Awareness G. Adolescent Research 22.5 Ecological Reality of Eyetracking in Daily Driving Assessments Suggested Readings