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Cell Phone Distraction, Human Factors, and Litigation, 2nd Edition - Lawyers & Judges Publishing Company, Inc.

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

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  • 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

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

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

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

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

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

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

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

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
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

Chapter 23: Emerging Adulthood (College Students) and Collegiate Performance
23.1 What are People’s Perceptions of Cell Phones as a Problem in the Classroom?
23.2 Does Personality of Students Affect Whether or Not they Use Cell Phones in the Classroom?
23.3 Do Behavioral Patterns Affect Cell Phone Use or Acceptance of Cell Phone Use in the Classroom?
23.4 Are Ringing Cell Phones Really a Distraction in the Classroom? Or, are they Really No Big Deal?
23.5 Will Cell Phones Replace the Traditional “Survey” in the Collegiate Environment, Further Extending Cell Phone Use in Another Academic Realm?
23.6 Beyond Cell Phones, Does Internet Use in the Classroom Affect Classroom Learning?
23.7 Do Students that Use Their Cell Phones During Class Generally Expect to Earn Lower Grades or Have Poorer Performance in the Classroom?
23.8 What Percentage of Learning Performance Do Students Generally “Expect to Lose” if They Use Their Cell Phones in the Classroom?
23.9 Are “Smarter” Students Immune to the Negative Effects of Cell Phone Use on Class Performance?
23.10 Can Phones Offer Some Benefit in the Classroom, Particularly in the Context of Learning Enhancement?
23.11 Conclusion

Chapter 24: Cell Phone Distraction, Development of Relationships, and Generational Divides

Part VII: Litigation

Subpart A: Driving

Chapter 25: Driving
25.1 Defining the Construct
25.2 Identification of the “Distractors”
A. Visual Distractions
B. Physical Distractions
C. Cognitive Distractions
D. Three Forms of Distraction
25.3 Age Distribution of Distractions
25.4 Additional Distribution of Distracted Drivers
25.5 Scientific Foundations of Distraction
A. Initial Research
B. Brain Anatomy and Physiology
25.6 Gorillas, Basketball, and Inattentional Blindness
25.7 Cognitive Load
25.8 Listening is Not Easily Performed
25.9 Drunk Driving Argument
25.10 Multi-Tasking
25.11 Cell Phone Distraction and the Law
A. Initiation of Cell Phone Legislation
B. Enhancement of Existing Cell Phone Laws
C. Examining the Necessity of Laws
D. Singular Federal Agreement on Cell Phone Bans
25.12 Public Education
A. Celebrity Activism
B. Publicity Films
C. Novel Technologies to Curtail Concurrent Cell Phone Use and Driving
25.13 Conclusion

Chapter 26: Automated Cars and Liability
26.1 Present Theoretical Model
A. Future Questions
26.2 Uber Attempts Autonomous Vehicle
A. Accidental Risk Model Modifications
26.3 Conclusion

Chapter 27: Hands-Free Debate
27.1 Recognition that Problem Existed
27.2 Attempt to Resolve the Problem
27.3 Poor Understanding of the Problem Itself, or the “Trifecta Problem”
27.4 Research Proposing Problem Not Solved by Hands-Free Availability
27.5 Reflection on Applicable Studies
27.6 The Meta-Analysis
27.7 Current Perception and Opinion about Hands-Free Cell Phone Use
A. Selection of an Expert
27.8 Attorney Applications
A. Be Prepared to Respond to the Argument
B. Present the Research, but Present it in Understandable Chunks
C. Attitudes Favorable Defense, Research Favorable to Plaintiff
27.9 Conclusion

Chapter 28: Reliability and Validity in Cell Phone Distraction Research
28.1 Reliability
A. Test-Retest Reliability
B. Inter-Rater Reliability
C. Internal Consistency Reliability
28.2 Validity
A. Construct Validity
B. Content Validity
C. Face Validity
D. Criterion Related Validity
E. Ecological Validity
F. Validity and Driving Simulators
G. Generalizability
28.3 Conclusions

Subpart B: Cell Phone Searches

Chapter 29: Riley v. California
29.1 Variations in Previous Courts
29.2 Chimel v. California
29.3 Consolidated Cases and Factual Backgrounds
29.4 Procedural History
29.5 Review and Decision by the Supreme Court
29.6 Concluding Comments
Recommended Readings

Chapter 30: Case Law and Precedent Regarding Cell Phone Searches
30.1 Vehicle Searches
30.2 Searches Incident to Arrest
30.3 Consent Searches
30.4 Plain View
30.5 Seizure Searches
30.6 Concluding Statement

Chapter 31: High School Students and Cell Phone Searches
31.1 Revisiting the Fourth Amendment
31.2 Pivotal Court Decisions
A. Warrantless Searches
B. Knowledge of a Student’s Past Behaviors
C. Cell Phone on School Grounds and Automatic Search of a Cell Phone
D. Police Involvement
E. Insufficient Probable Cause
F. Search of a Phone to Identify Further Violations of School Policy
31.3 Conclusion

Part VIII: Fake News and Decision Making

Chapter 32: Critical Evaluation of Fake News: A Framework for Decision-Making
Mary Sciaraffa, Ph.D., CFLE, & Noah Neidlinger, Ph.D.
32.1 Defining “Fake News”
32.2 How Often Do Consumers Believe They Encounter Fake News?
32.3 Are Individuals Concerned About the Spread of Fake News?
32.4 What is the Impact of Fake News on Society?
32.5 Preventing the Spread of Fake News: Who is Responsible?
32.6 How Do We Interpret and Remember Information That is Presented to Us?
32.7 Do Individuals Think They Have Enough Skills to Recognize Fake News Without Checking the Credibility of the Source?
32.8 Do Individuals Research the Credibility of the Source Before Sharing the “Story” and Does Credibility Matter?
32.9 Are People Too Distracted to Stop Sharing Fake News?
32.10 Decision Theory
32.11 Consequences of Sharing Fake News
32.12 Themes from Informal Class Surveys with Undergraduate Students
32.13 Summary
32.14 Conclusion and Future Directions

Part IX: Healthcare: Social Media and Distraction in the Healthcare Setting

Chapter 33: Setting up Health Care Policies about Cell Phone Use in the Workplace
33.1 Case Example
33.2 Concluding Comments
Suggested Further Readings

Chapter 34: Nursing and Social Media
T. Scott Smith, Ph.D. and E. Rachel Smith, RN, MSN
34.1 Confidentiality and Privacy
34.2 Potential Consequences
34.3 Myths and Misunderstandings
34.4 Conclusions

Chapter 35: Patient Safety: Health Care Distraction Study in Pennsylvania
T. Scott Smith, Ph.D. and E. Rachel Smith, RN, MSN
35.1 Generalized Results
35.2 Identification of Who Made the Associated Errors
35.3 Source of Distraction
35.4 Identified Interruptions and Implications for Clinicians
35.5 Risk Reduction Strategies
35.6 Conclusions

Chapter 36: Nursing and Critical Thinking Skills
T. Scott Smith, Ph.D. and E. Rachel Smith, RN, MSN
36.1 Nursing as a Profession
36.2 Critical Thinking Skills
A. Exploring
B. Analyzing
C. Prioritizing
D. Explaining
E. Deciding
F. Evaluating
36.3 Case Example #1
36.4 Case Example #2
36.5 Suggested Cell Phone Policies in the Nursing Worksite
A. Recognize an “All-or-None” Policy Most Probably Will Not Work
B. Patient Care Must Always be a Priority
C. Critically Examine Allowance of “High Distraction” Mediums
D. Define which Features of Cell Phone Use May Enhance Patient Care
E. Seek Employee Feedback, but Focus on Patient Care when Developing Policies
36.6 Conclusion

Part X: Litigation Preparation

Chapter 37: Selecting Expert Witnesses
T. Scott Smith, Ph.D. and Patrick L. Dunn, Ph.D.
37.1 Identifying an Expert
A. Evaluation of Expertise
B. Evaluation of General Needs
C. Evaluate Impairment of the Driver
D. Loss of Productivity
E. Eyewitness Testimony
37.2 Areas of Expert Knowledge in Cell Phone Distraction Cases
37.3 Cognitive Psychologists or Scientists
A. Attention
B. Memory
C. Perception
D. Language
E. Metacognition
37.4 Developmental Psychology
37.5 Industrial and Organizational Psychology
37.6 Rehabilitation Counseling
37.7 Ergonomics
37.8 Cross Disciplinary Witnesses
37.9 Summary

Chapter 38: Cell Phone Data
38.1 The Providers
38.2 The Data and Data Removal
A. Phone Numbers
B. Texts
C. Emails
D. Personal Location
E. Photographs
38.3 Conclusion

Chapter 39: Preparation and Consideration of Displays Pertaining to Cell Phone Distraction
39.1 Display Aesthetics and Admissibility
39.2 Driving Displays
A. Chronological History of Distraction
B. Assessment of Distraction Duration
C. Correctness of Data
39.3 Presentation Format
A. Real Time Pictures
B. Static Pictures
C. Computer Animation
39.4 Text Message Displays
A. Black and White Images versus Color Collections
39.5 Distracted Walking Displays
39.6 Conclusions

Chapter 40: Decision Making and Cell Phone Distraction
40.1 Decisions Made through Three Processes
A. Intuition
1. Personal Immaturity
2. Personal Biases
3. Failure to Account for All Possible Outcomes
B. Reasoning
C. Identifying When Intuition or Reasoning May be Better Decisional Frameworks
40.2 Limits to Effective Decision Making
A. Not Enough Information
B. Too Much Information
C. Many People Offering Input
D. Vested Interests
E. Emotional Attachments
F. No Emotional Attachments
40.3 Cell Phone Distraction Decisions: Use of Cell Phone while Driving
A. Failure to Account for All Options
B. Prior Experience without Accident
C. Emotional Attachment: Need for Continuous Human Interaction
D. Personal Boredom
E. Vested Interest in Completing a Text or Call
F. Personal Bias: Assessment that Use of Cell Phone Represents Civil Liberty
G. Too Much Information: Personal Need to Maintain Access to Information to Maintain Informational Baseline
40.4 Cell Phone Distraction Decisions: Use of Cell Phone while Corresponding with Others
A. Social Acceptance of Dual Tasking
B. Need to Connect with Multiple Individuals Concurrently
40.5 Cell Phone Distraction Decisions: Use of Cell Phone During Learning Tasks
A. Boredom
B. Perception that One is Able to Efficiently Dual Task
C. Perception that One Will Not Get Caught
40.6 Cell Phone Distraction Decisions: Use of Cell Phone During Work Activities
A. Boredom
B. Emotional: Need to Maintain Contact with Friends and Family
C. Personal Interest: View Phone as Access or Tool to Retrieve Information
40.7 Conclusion

Subpart A: Jury Education

Chapter 41: Driver Characteristics
41.1 Case Scenario
41.2 Differences in Distraction-Prone and Distraction-Adverse Drivers
41.3 Critical Examination of Jury Features
41.4 Conclusion

Chapter 42: Phone-Related Distracted Behaviors
42.1 Ownership of Electronic Devices
42.2 Cell Phone Ownership by Driving Frequency
42.3 Frequency of Answering a Phone When Driving
42.4 Reasons for Answering a Phone While Driving
42.5 Behaviors Displayed After Answering a Cell Phone Call While Driving
42.6 Willingness to Make Cell Phone Calls When Driving
42.7 Reason for Making Cell Phone Call While Driving
42.8 Method of Dialing Phone Number While Driving
42.9 Changes in Driving Behavior after Talking On a Cell Phone While Driving
42.10 Likelihood to Send or Receive Text Messages While Driving
42.11 Reasons That Text Messages Are Sent While Driving
42.12 Methods That Text Messages Are Sent While Driving
42.13 Changes in Driving Behavior When Sending Text Messages
42.14 Conclusion

Chapter 43: Perceptions of Distracted Driver Safety
43.1 Case Scenario
43.2 Conclusions

Subpart B: Specialized Cases

Chapter 44: Litigating an Impaired Employee Performance Case
44.1 Various Types of Termination
44.2 How Does Cell Phone Distraction Interplay with Termination
A. Is There an Existing Policy on Cell Phone Use in Workplace?
B. Is There an Existing Policy on Social Media and Workplace?
C. Is There a Quantitative Measure of Employee Performance?
D. Is Cell Phone Distraction a “Secondary” Feature of Employee Performance?
E. Was Termination “Voluntary” or “Involuntary” and Did Someone “Refuse” to Reduce Cell Phone Use?
F. Was Termination Due to “Downsizing” and “Cell Phone Use” Given as an Excuse?
G. Is “Impaired Capability based on Cell Phone Use” Based on Policy, Empirical Evidence, or Subjective Judgment?
44.3 Conclusions

Chapter 45: Litigating an Impaired Parent Case
45.1 Scenarios
45.2 Viewpoint: Cell Phone Distraction Harms Parenting
45.3 Viewpoint: Cell Phone Distraction Simply Reflects a Modern Tool
45.4 Additional Commentary
45.5 Final Observations and Conclusions
Applicable Literature

Part XI: Cell Phone Addiction

Chapter 46: Cell Phone Addiction
46.1 Diagnostic and Statistical Manual of Mental Disorders Features for Substance Abuse Disorder
46.2 Psychological Predictors
46.3 Examinations in the Literature
46.4 Selected and Identified Treatments
46.5 Communifaking
46.6 Future Directions and Conclusions

Part XII: Legislation

Chapter 47: Federal Initiatives
47.1 Essential Statistics
47.2 Applicable Research
47.3 Federal Mandates Regarding Illegal use of Cell Phones while Driving
47.4 Awareness
47.5 Enforcement through State Initiatives
47.6 Finnish Study: Will Laws Actually Change Behaviors?
47.7 Conclusion

Chapter 48: State-by-State Restrictions on Cell Phone Use while Driving in the United States
48.1 Regulatory Laws
48.2 Preemption Laws
48.3 Driver Compliance with Hand-Held Phone Use and Driving Bans
48.4 Summary Statistics
A. Hand-Held Cell Phone Use
B. All Cell Phone Use
C. Text Messaging
D. Preemption Laws
48.5 California “Air Buds” Law
48.6 Conclusion

Part XIII: Research

Chapter 49: Interpreting Research
T. Scott Smith, Ph.D. and Patrick L. Dunn, Ph.D.
49.1 Necessary Research Development Steps
49.2 Defining “Research”
49.3 Limitations of the Scientific Method
49.4 Identification of Research Methodologies
49.5 Identifying the Right Method for the Right Question
49.6 General Research Concepts
A. Identification and Manipulation of Variables
B. Conclusions and Proof
C. Internal and External Validity
D. Hypotheses or Research Questions
49.7 Locating Relevant Research
A. Reading the Articles
49.8 Understanding Statistical Analysis
A. Descriptive Statistics
B. The Normal Curve and its Characteristics
C. Inferential Statistics
D. Standard Error
49.9 Tests of Significance
49.10 Type I and Type II Errors
49.11 Selecting Applicable Statistics
49.12 Implementing Research into Forensic Reports and Testimony
49.13 Challenging the Research Cited by an Expert in Making Conclusions

Chapter 50: Using Time Modeling Software to Evaluate Time and Motion Analysis with Focus on Noldus Observer Interface
Stevie M. Breaux, B.A, and T. Scott Smith, Ph.D.
50.1 What is Noldus Observer?
50.2 Generalized Purpose
50.3 Origination of Noldus Observer
50.4 Potential Users
50.5 Limited Review
50.6 Cell Phone Specific Review
50.7 Researcher Applications
A. Adaptive Technology in Vehicles
B. Older and Younger Behaviors in Vehicles
C. Variations in Driving Behaviors according to Attentional Deficits in Individuals
D. Driving Behaviors in Ideal and Dangerous Situations
E. Driving Behaviors in Simulators and Ecologically-Valid Scenarios
50.8 Attorney Applications
A. Incorporation in Accident Reconstructions Toolbox
B. Compare Individual Behavior with and without Cell Phone Distraction
C. Compare Behaviors across Drivers
D. Examine Contributing Factors to Driver Fault beyond Driver-Based Behaviors
50.9 Conclusion

Chapter 51: Using Face Capture Software to Evaluate the Continuum between Human Emotions and Cell Phone Distraction
T. Scott Smith, Ph.D., Yi He, B.S., Stevie M. Breaux, B.A., and Xiaoduan Sun, Ph.D.
51.1 What is Face Capture?
A. Limited Literature Review
51.2 What is FaceReader?
A. Limited Literature Review
51.3 Case Study
A. Input and Expected Output
B. Video Data Collection
C. Application of FaceReader
D. Output from FaceReader
E. Handling Noise
F. Algorithm
G. Demonstration of Algorithm Efficiency
H. Discussion
51.4 Conclusion

Part XIV: Conclusion

Chapter 52: Final Thoughts and Conclusions
T. Scott Smith, Ph.D., Ming Sun, M.S., M. Ashifur Rahman, M.S., and Xiaoduan Sun, Ph.D.
52.1 Accomplishments in the Second Edition
A. Acknowledgement of the Role of Architectural Design
B. Broadening of Research Focus Areas
C. Critical Examination of the Mere Presence Argument
D. Tools for Litigation
E. Social Implications of Cell Phone Use, Cyberbullying
F. Cell Phone Searches
52.2 Future Directions in Litigation
A. Drunken Driving Argument will Play Out in Courts
B. More Observational Data will be Available for Distracted Driver Cases
C. Cell Phone Searchers will become more Prominent
52.3 Future Directions in Research
A. Technology will continue to Play Ongoing Role
B. Physiological Aspects will Continue to be Explored
D. Driving Simulation Studies will Decrease
E. Drunken Driving Argument will Play Out in Research
F. Individual Differences Research will come to Forefront
G. Roadside Naturalistic Observation Studies will come to Forefront Again
H. Reliance on “Big Data” Resources
52.4 And, the Play Ends

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