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As a car accident attorney in San Jose, I know how widespread cell phone usage on the road has become. Many states have instituted laws designed to curb texting while driving, while a select few require some sort of hands-free device. But these measures leave many to wonder if it’s enough.

The National Transportation Safety Board doesn’t think so. They recently issued a statement saying that states need to ban all cell phone usage, including hands-free devices. This is just a recommendation at this point; the NTSB does not actually have the ability to pass a law.

This announcement comes on the heels of studies which seem to show hands-free doesn’t solve any problems. In 2009, University of Utah researchers discovered that driving performance suffered equally between hand-held and hands-free devices. Connecticut passed a a hands-free law in 2005, but between 2009 and 2010, they had the largest increase in traffic fatalities in the country.

A thorny issue that arises is what such a ban would mean to mobile employees who are often on the road and have the need to communicate with their employers on a regular basis. Right now, a rule states that commercial vehicle drivers must go hands-free, and a violation can cost up to $2,700. Very often, employers will be held liable for an accident caused by a company driver, and the penalties for such instances can be enormous if distracted driving proves to be the issue.

Many employers are advised to install devices that actually block cell signals while the commercial vehicle is moving, and one would think this practice will become more commonplace if a complete cell usage ban is passed. As a San Jose car accident attorney, I know how tempting it can be to pick up a ringing phone, even if we know the law bans it. But for employers to protect themselves, I see how a blocking device can be highly useful in the fight to keep roads safe, especially if states ban total cell usage.