Atlanta, Georgia Personal Injury Lawyer
Until relatively recently, it seemed that to a large portion of the country, the cell phone had become an all too accepted part of the driving experience. Seeing someone else driving with phone in hand or glued to his ear was simply too ubiquitous to work up concern over. And for too many of us, multitasking our phone and text conversations into our driving time was simply too tempting.
But in the past few years, and even just the past few months, we have witnessed more and more states discussing and passing legislation which penalizes or even criminalizes cell phone distractions while driving. In some states, only younger drivers are prohibited from talking or texting while driving, while in others, teens and adults alike are not allowed to text or talk while driving. And both groups can face hefty fines.
This push back against distracted driving has been motivated in no small part by insurance providers seeking to avoid the increasing liability presented by distracted drivers. And this is no mean nickel and diming on the side of insurance agencies - in 2008, nearly 6,000 people in the United States died in accidents where driver distraction was a factor. That is 16 percent of all traffic fatalities for that year. It is also only a small fraction of all of the accidents caused by distracted driving.
Insurance companies and the government, however, are not the only driving force behind this growing awareness.
Following in the footsteps of MADD and other, similar groups who have sought to raise money and awareness of driving and cell phone dangers, anti-distracted driving accidents have been appearing in greater and greater numbers on television and in the news. These groups, such as FocusDriven, are often fueled by individual experiences with loss of friends or family members to distracted driving. They have even begun hiring celebrities to endorse their platform.
Oprah herself is among those who have helped this issue find a platform. The popular television host has devoted time on her show to highlighting those who have had their lives altered and loved ones lost to distracted driving. She took the opportunity to ask her audience to take a No Phone Zone pledge.
With this sort of pressure on communities and law makers, perhaps we really will see a change in distracted driving statistics.
At present, nineteen states and the District of Columbia have regulations in place either limiting or outright banning texting while driving a vehicle. Nine states prohibit novice drivers from texting while driving.
Six states ban the use of hand held cell phones while driving entirely.
Labels: atlanta auto wreck attorney, auto wrecks, cell phone, distracted drivers, driving, driving and cell phones, driving and technology, driving and texting
Someone like Lori Reineke, forty-eight, might not be the first person that comes to mind when we picture someone endangering others by texting on the road. Normally when stories about the dangers of texting while driving come up, the focus is on younger drivers, those in their teens or early twenties. However, if the scene police describe is accurate, Reineke serves as a reminder that dangerously distracted driving knows no one age.
According to police, Reineke was texting when she hit James Eaton III, also forty-eight, in a crosswalk last October. She behaved responsibly, in most respects. She had a green light. The crossing signal was red. Reineke was not speeding when she hit and killed Eaton. The only mistake Reineke made in this version of events was texting while driving.And had she not been texting, the police feel the outcome of this incident may have been different. Reineke might have seen Eaton in time to stop, had her attention not been divided between the road and her cell phone.
Cpl. David Schiralli, police spokesman, explained, "Investigators saw this as a contributing factor. He was crossing against the light, which would be another contributing factor. There may be more than one."
Reineke's arrest follows months of investigation by Gwinnett county police. Schiralli did not disclose what prompted investigators to believe texting was an issue in this case, but the result of that lead was a warrant claiming that Reineke caused Eaton's death as a result of texting while driving. She is charged with vehicular homicide, reckless driving, failure to exercise due care and engaging in actions which distract from the safe operation of a motor vehicle. The day after her arrest was released, having posted the $34,900 bond.
Delan, Reineke’s attorney, maintains that the charges against his client are entirely baseless. He tells Reineke's version of the story, in which the woman was not texting at all when this accident occurred. She was not distracted, and could not have been distracted by texting since she was not engaging in it - Delan maintains that it was poor driving conditions that caused the accident.
"It was dark, it was rainy and she just didn't see him in time," Delan said.
Whether or not Reineke was texting when the crash occurred is certainly something which needs to be established to fully understand whether or not these charges are founded. Not being involved in the case, it isn't for me to judge who is right and who is wrong. Pedestrians who cross against traffic, especially when visibility is poor, are putting themselves in a situation of increased risk. On the other hand, drivers are always responsible for being aware of their surroundings and doing all they are capable of to avoid collisions with pedestrians. In either event, this represents an interesting step in terms of how distracted driving accidents are charged here in Georgia. I will be following this case and will report back as soon as new developments emerge.
Labels: atlanta, driving, driving and cell phones, driving and technology, driving and texting, Georgia, Gwinnett County cell phone vehicular homicide
So how has this new ban been received?
PBS investigated just that question in a short spot interviewing several bus drivers and passengers. And in a word, the reaction to this ban could generally be described as positive. The bus drivers themselves were quick to see the need for this ban, recognizing that when they are behind the wheel, they may have some fifty other people depending on their care and attention, and that texting while driving would be directly opposed to being able to provide that."The new legislation that's banning texting for motor coach operators and commercial drivers while driving is a thing that's definitely needed," said the first driver featured in the interview, whose name was not offered by PBS.
"I can't afford to text and drive, because I've got to concentrate on my people," explained another. "I've got to take care of my people."
The passengers, for their part, also seem to agree with the ban, perhaps unsurprisingly since they are the ones entrusting the bus drivers with their safety. One woman interviewed expressed some confusion and curiosity as to the necessity of this ban, since she did not feel that she had often ridden with drivers who were not attentive to the road. She was left to wonder how common of an occurrence driving and texting was.
But for both of the bus drivers interviewed, there was no uncertainty. They agreed that you saw bus drivers on cell phones all the time - people attempting to multi-task while driving, and therefore putting themselves and others at risk with their distracted driving.
Of course, this small spot would imply that there are drivers who will be less willing to embrace this ban. If texting while driving is as common a problem among bus drivers as indicated, then it is most likely safe to assume that there are those drivers who will find themselves either forced to change their habits, or risking high penalties. Understanding the incredible dangers of distracted driving, I cannot say I feel a great deal of sympathy for them.
Hopefully this legislation will be a first step to greater legal and social censure regarding distracted driving. The only real protection drivers have from distracted driving is a shift within the culture that causes this dangerous practice. In this case, that means a shift away from texting and cell phone use while driving as a whole.
Have you been injured by a distracted driver? If so, contact an experienced Atlanta, Georgia auto accident lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: atlanta auto wreck attorney, cell phone, dangeres of texting, driving and technology, driving and texting, reckless driving, sms messaging, text messaging
Transportation Secretary Ray LaHood announced the new law on Tuesday and said that it takes effect immediately. This follows the December 2009 ban on texting for all federal employees driving on thejob.
"We want the drivers of big rigs and buses and those who share the roads with them to be safe," said LaHood. "This is an important safety step, and we will be taking more to eliminate the threat of distracted driving."
The new ban on texting carries fines up to $2,750.
According to the National Safety Council, approximately 200,000 U.S. wrecks are caused each year by drivers who are texting.
Recent research on distracted driving has shown that drivers who take their eyes off the road to send and receive text messages are much more likely to crash.
The Federal Motor Carrier Safety Administration (FMCSA) reports that drivers have their eyes of the road for about 4.6 seconds out of every 6 seconds. Research suggests that texting drivers are about 20 times more likely to be involved in an auto accident.
Legislation has been introduced that would ban texting for all drivers. States that fail to enact texting bans within two years would lose a percentage of their federal highway funding.
The current ban on texting for truckers and bus drivers is certainly welcomed, but in some respects, it's too little, too late. Texting while driving is a common phenomenon that is putting us all at danger.
A ban on texting for all drivers might also reduce the number of intoxicated drivers on the road. Back in December, the Seattle Times reported that drivers are using text messages, twitter, facebook, and other electronic messaging systems to warn each other about DUI checkpoints and road blocks. In fact, there's an iPhone application that's specifically designed to identify checkpoints! (I have a bad feeling that I may soon see someone using an iPad while driving around Atlanta.)
Unfortunately, distracted driving will likely be a major problem and continue to cause auto accidents, injuries, and fatalities for years to come.
You can reduce your chances of being in a wreck by turning off your cell phone when your driving. Remember the good old days before cell phones when drivers kept their eyes on the road (most of the time)? In my mind, keeping your eyes on the road is the most important safety precaution for driving. if you need to use your cell phone, pull over, take a break, and take care of your business.
Have you been injured by a distracted driver? If so, contact an experienced Atlanta, Georgia auto accident lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: driving and technology, driving and texting, text messaging, tractor trailer, truck safety, trucking
Adding to that number of people injured or killed because of texting while driving - against the advice of law enforcement officials, cellular providers and good sense - is a nineteen year old from Lilburn who was seriously hurt when he ran his Acura into a telephone poll while sending a text message to a friend. The young man, Soheb Roy, in the single car crash which took place last week on Arcado Road and Wayside Court in Lilburn. Afterward, he was taken to Gwinnett Medical Center where his condition was deemed serious, but stable by medical professionals, according to Bruce Hedley, the Lilburn police spokesman.
The collision between Soheb's Acura and the telephone pole was strong enough to snap the pole in two, and block the road for much of the day. The car itself was totaled. Despite the sound of it, neither alcohol nor drug use has been indicated in this crash. The only factor to contribute to Soheb leaving the road and hitting the telephone pole was his use of a cell phone to text while driving.
Soheb is being charged with improper use of a cell phone while driving and failure to maintain his lane.
Texting while driving has been causing quite an uproar lately just for this reason. A sober person might be distracted by the act of texting and receiving texts, and create a risk as great or even greater than a person who is legally intoxicated. Numerous studies have shown both the incredible dangers of texting while driving, and the alarming rates at which teens in particular engage in this risky behavior. Some studies have estimated that as many as one quarter of teens have texted while driving, and as many as half of teens have witnessed someone texting while driving while they themselves were riding as passengers.
In Soheb's case, there was luckily only one person involved. While that in no way excuses his behavior or makes what he did less dangerous, the only person who was hurt by his choice was himself; but by texting while driving, he and other teens put their passengers - often friends and family members - and everyone who they share the road with at risk.
More and more states are taking action to ban the use of cell phones while driving, both speaking on them and sending text messages, but the responsibility remains on drivers to understand the dangers and respect those state sanctions.
If you or someone who you know has been injured by a distracted or texting driver, then it is important to protect your rights by contacting an experienced Georgia auto wreck attorney. You may be entitled to compensation. Call MLN Law at 404-531-9700 for a free consultation.
Labels: driver safety, driving and texting, teen drivers, teens and technology
The NTSB report concluded that the Metrolink train equipment was working properly. However, engineer Robert Sanchez was distracted by text messages on his cell phone, and he failed to see a red signal after he left the Chatsworth station. The northbound train crashed into a southbound train. Sanchez died in the crash along with 24 other victims. Another 135 people were injured in the deadly train wreck.
According to NTSB chair Deborah Hersman, Sanchez constantly texted while he was working.
"There was a violation of company policy, and it was flagrant, it was consistent and it was longstanding,” said Hersman. “It was not a ‘one-off’ event. This operator sent and received upwards of 95 text messages that day.”
Can you believe that? This guy had the lives of hundreds of people in his hands, and he was sending and receiving text messages all day!
"Many people were riding a train on that Friday night,” Hersman continued. “They were riding home from work, and they counted on that railroad engineer to get them where they were going and get them there safely. Tragically, an instant message turned an ordinary commute into a catastrophe.”
The NTSB report revealed that Sanchez sent more text messages on the job than he did on the weekends. The report also revealed that he invited friends into the cab of the train. He had violated company policy nearly half a dozen times. Yet he kept his job.
"Management cannot turn a blind eye to the behavior of ‘bad actors’ that are not doing their job,” said Hersman. “They are accountable for the performance of their employees.”
Sanchez was actually an employee of Connex and not a direct employee of Metrolink. Metrolink had hired Connex to manage train crews. Since the accident, another company has replaced Connex.
Keith Millhouse, chairman of Metrolink, said, "We were just shocked. There’s a certain amount of professionalism you expect from a company that touts itself as a transportation leader such as Connex. So we’ve found that you can’t trust your contractor to do what they’re doing."
After this crash, the NTSB recommended installing video cameras to keep an eye on train engineers. This move is expected to greatly reduce texting and other distractions in the train cabs. The NTSB also repeated its call for "positive train control" systems, automated systems to prevent crashes.
If you've been injured because of negligence on the part of a distracted driver of any type of automobile (including cars, tractor trailer trucks, buses, and trains), contact an experienced Atlanta, Georgia personal injury attorney as soon as possible. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: driving and technology, driving and texting, text messaging, train accident, train wreck
“We now know that at least 1.6 million crashes are caused by drivers using cell phones and texting," said Janet Froetscher, president of the NSC. "We know that cell phone use is a very risky distraction and texting is even higher risk. We now know that cell phone use causes many more crashes than texting. The main reason is that millions more drivers use cell phones than text. That is why we need to address both texting and cell phone use on our roads.
"This new estimate provides critical data for legislators, business leaders and individuals to evaluate the threat and need for legislation, business policies and personal actions to prevent cell phone use and texting while driving. There was great progress made in 2009, particularly regarding a broad recognition that texting is dangerous. We now need the same broad consensus that recognizes cell phone use while driving causes even more crashes.”
The NSC used data from the National Highway Traffic Safety Council Administration (NHTSA) to estimate crashes caused by cell phone use. NHTSA data shows that at any one time, 11 percent of drivers are using cell phones. Research indicates that cell phone use increases the risk of crashing by four times. According to the NSC, cell phone use contributes to an estimated 25 percent of injury and property damage auto crashes.
I have written a great deal about cell phone use and driving, texting while driving, and other forms of distracted driving. Distracted driving has become a much larger problem in recent years as more digital devices have hit the market. GPS navigators, for instance, can be dangerous and cause wrecks. If you have a GPS navigator, you should never try to enter an address or perform a search while driving. If you need to take your eyes off the road, then please pull off the road. Similarly, if you need to read or send a text message, pull over, take care of your business, and then continue to drive. Talking on the phone while driving is not as dangerous as texting while driving, but it is still dangerous. If you must talk on the phone while driving, invest in a hands-free device. Or, better yet, turn off your cell phone when your driving. Give yourself a break from our digital world, watch the road, and enjoy the scenery. If you need to call someone, take a brake from driving. It’s the wise thing to do.
If you’ve been injured by a driver using a cell phone, contact an experienced Georgia auto wreck attorney. You may be entitled to compensation. Call MLN Law at 404-531-9700 for a free consultation.
Labels: car crashes, cell phone, driving and technology, driving and texting
But for some of us, this time of year can lead to increased risks. Every year, people drinking and or driving while distracted lead a few celebrators – and a few of those who they happen to share the road with – to accidents and even death.
The holidays are one of the busiest long distance travel periods of the year, and much of that traveling is done by car.In the spirit of the holiday safety, I would like to remind readers to be especially safe driving this holiday season, and offer a few tips.
- Prepare thoughtfully. Be prepared with a cell phone, water, blankets, snacks and other gear should your car breakdown and help cannot arrive immediately. You do not want to be stranded in winter weather during holiday travel.
- Pack chains if there is any chance of encountering snow.
- Before starting your trip, make sure your vehicle is fit for travel, tuned up, and prepared for winter driving conditions. Check antifreeze, windshield wipers and other cold weather components.
- Make sure you and your passengers both wear their safety belts.
- Leave early and be ready to change your travel plans if it becomes necessary. Winter weather can be dangerous and unpredictable. If snow or ice is expected, change your travel plans to accommodate it as much as possible.
- Don’t try to force yourself to adhere to an unrealistic schedule. Take regular breaks and stay fresh. Driving while tired and distracted increases your likelihood of acting recklessly. Don’t rush or speed.
- Give yourself plenty of time. Again, speeding is dangerous, especially if you hit poor weather. Even if you are running late, obey the speed limits and drive safely. It’s better to be late and safe than risk an accident.
- Pull off the road if you want to use your cell phone to call or text. Driving requires your full attention. I’ve written often enough in the past about the dangers of distracting driving that this should go without saying.
- Only pass when it is safe to do so.
- Alcohol features among many of our holiday parties and traditions, and can add to the festivities of the season, but if drinking is part of your holiday plans, remember to plan responsibly. Have a designated driver.
I hope that everyone’s holiday travel plans are safe and enjoyable. Remembering to drive safely is one way to help ensure that this is the case. Property damage, injury and death should stay well away from your plans over the holidays.
If you or a loved one has been injured by a distracted or otherwise impaired driver, contact an experienced Georgia accident lawyer as soon as possible to protect your rights. For legal advice, call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: driver safety, driving, driving and texting, drugged driving, drunk driving
The survey asked 800 teens ages 12 to 17 about their experiences with cell phone use in cars (as passengers and drivers). The Pew Research Center also teamed up with the University of Michigan between June and October to conduct nine focus groups on driving and mobile phone use with teens ages 12 to 18.
Here are the major findings from the survey as well as the focus groups:
- 75 percent of American teens between 12 and 17 own cell phones
- 66 percent of American teens between 12 and 17 use cell phones to send or receive text messages
- Older teens are more likely than younger teens to have cell phones and use text messaging services
- 82 percent of teens 16 to 17 have cell phones and 74 percent of them use text messaging
- 34 percent of texting teens 16 to 17 say that they have texted while driving
- 26 percent of all American teens 16 to 17 have texted while driving
- 52 percent of teens 16 to 17 with cell phones say that they have talked on a cell phone while driving
- 43 percent of all American teens 16 to 17 have talked on a cell phone while driving
- 48 percent of all American teens 12 to 17 have been in a car when the driver was texting while driving
- 40 percent of all American teens 12 to 17 have been in a car when the driver used a cell phone in a way that put themselves or others in danger
The problem of distracted driving continues to grow. Texting while driving is of particular concern. Several states, including Oregon, California, and Connecticut, have already passed laws to ban all texting or talking on handheld phones while driving. The Senate is currently considering a bill that would provide federal funding to states that enact similar laws to bans texting while driving. A recent executive order from President Obama bans texting while driving for all federal workers while on the job.
The National Highway Traffic Safety Administration reports that there were 5,870 fatalities and 515,000 injuries in wrecks in which at least one driver was distracted. Researchers from the Virginia Tech Transportation Institute reported earlier this year that text messaging carries the highest risk of all cell phone related behaviors behind the wheel. The researchers also noted that teen drivers are at a much higher crash risk compared to other drivers.
If you need to use your handheld cell phone while you’re driving, please pull over first. Park your vehicle before you text or call. With all of our modern electronic distractions, it’s easy to forget that automobiles can turn into lethal weapons if we take our eyes off the road for just a couple of seconds.
If you have been injured by a distracted driver or careless driver, contact an Atlanta auto accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, distracted drivers, driving and texting

You may not see be able to see the motorcycle in this picture. At first glance, it is nearly invisible

From a different angle, the circumstances become more evident.
The driver of the Honda motorcycle was going 85mph when the Volkswagen pulled out in front of him from a side street. She was talking on her cell phone and apparently did not see him. At that speed, he did not have the time to react to stop before he collided with the car. His motorcycle went through the windshield with enough force to flip the car entirely and send it flying through the air. All of the participants in this accident, both drivers and a single passenger in the Volkswagen, were killed instantly in the crash.
The dangers of driving while distracted are no new revelation on this blog or in the news. Numerous studies have examined the dangers of speaking on the phone while driving, and found that cell phones – both hand held and hands free varieties – significantly impair driving performance. In some cases, the level of impairment has been shown similar to driving at the legal blood alcohol limit of 0.08 percent. Every day, more than 800,000 drivers use their handheld cell phones.
Texting while driving is considered “incompatible with safe driving” by the CTIA-Wireless Association, and for good reason. But while the danger of texting while driving seems as though it ought to be obvious, an estimated 20 percent of drivers drive while texting, and an estimated 66 percent of drivers between the ages of 18 and 24.
While the actual incidence of distracted driving is difficult to accurately measure, driver distraction was reported to have been a factor in 16 percent of fatal crashes in 2008, as recorded in the Fatality Analysis Reporting System.
In 2008, an approximate 515,000 people were injured as a result of distracted driving according to the police, and 5,870 people were killed. The actual number is possibly much higher.
Cell phones are the single most common cause of distraction in drivers on the road today, more common that drowsiness, eating, GPS or any other cause of driver inattention. At the same time, an ever more robust body of evidence suggests that they are one of the greatest dangers on the road, leading to drivers up to four times more likely to have a traffic accident. Beyond that, we have graphic reminders such as the above pictures to remind us viscerally of the horrific outcome when the inevitable happens and driving in a constant state of distraction leads to a fatal accident.
While laws are in place in some states, like California, to prevent drivers from using hand held cell phones, hands free varieties are still common and only 18 states and the District of Columbia outlaw texting while driving. It is important to remember the danger this technology represents. The only safe way to drive is with cell phones put away.
If you have been injured by someone driving while using their cell phone or otherwise distracted, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.
Labels: cell phone, distracted drivers, driving and texting
According to ABC News, LaHood said, “This order sends a very clear signal to the American public that distracted driving is dangerous and unacceptable. It shows that the federal government is leading by example. This is a very big deal.”
The executive order signed by President Obama states that “the Federal Government can and should demonstrate leadership in reducing the dangers of text messaging while driving.”
A press release from the White House read: “Recent deadly crashes involving drivers distracted by text messaging while behind the wheel highlight a growing danger on our roads. Text messaging causes drivers to take their eyes off the road and at least one hand off the steering wheel, endangering both themselves and others. Every day, Federal employees drive Government-owned, Government-leased, or Government-rented vehicles (collectively, GOV) or privately-owned vehicles (POV) on official Government business, and some Federal employees use Government-supplied electronic devices to text or e-mail while driving. A Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment will help save lives, reduce injuries, and set an example for State and local governments, private employers, and individual drivers. Extending this policy to cover Federal contractors is designed to promote economy and efficiency in Federal procurement.”
During the summit, Se. Robert Menendez, D-NJ, said, “I'm completely amazed that anyone believes that it is a reasonable idea to take your eyes off of the road, look down and type a message while driving in traffic. The time has come to act before it is too late, before more lives are lost and we look back with regret that we did nothing in the face of imminent danger.”
Motor vehicle laws are under state jurisdiction, but the Alert Drivers Act released earlier this summer would require states to ban texting and emailing behind the wheel or lose 25 percent of federal highway funding.
Victims of distracted driving like Dave and Trudy Teater spoke at the summit. The Teaters lost their 12-year old son Joe in 2004, to a driver who was talking on a cell phone. They are now activists for enacting a ban on texting while behind the wheel.
"He was just the life blood and spark plug of our family," said DaveTeater, who is now a spokesperson for the National Safety Council. "It's our hope that we can prevent others from doing the same thing."
As of today, 18 states plus the District of Columbia have already taken action to prohibit texting for drivers. In Utah, a driver can receive up to 15 years in prison if he or she causes injury or death while texting behind the wheel.
"Driving while distracted should just feel wrong, just as driving without a seat belt or driving while intoxicated,” said LaHood in his closing remarks. “We’re not going to break everyone of their bad habits, but we are going to raise awareness and sharpen the consequences.”
Have you been injured or lost a loved one due distracted driving? If you need legal advice from an experienced Georgia personal injury attorney, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: distracted drivers, driving and texting
“Every single time someone takes their eyes or their focus off the road - even for just a few seconds - they put their lives and the lives of others in danger,” said Secretary LaHood. “Distracted driving is unsafe, irresponsible and in a split second, its consequences can be devastating.”
In 2008, 5,870 people died and approximately 515,000 people were injured in crashes where police reported driver distraction. Since police cannot always identify instances of driver distraction, the true numbers are likely much higher. On any single day in 2008, more than 800,000 vehicles were driven by people using handheld cell phones. Drivers are also using ipods, video game systems, and GPS systems.
More recent data from the National Highway Traffic Safety Administration (NHTSA):
Driver distraction was reported to have been involved in 16 percent of all fatal crashes in 2008 according to data from the Fatality Analysis Reporting System (FARS).
The age group with the greatest proportion of distracted drivers was the under-20 age group—16 percent of all under-20 drivers in fatal crashes were reported to have been distracted while driving.
An estimated 22 percent of injury crashes were reported to have involved distracted driving, according to data from the General Estimates System (GES).
Based on data from the National Motor Vehicle Crash Causation Survey (NMVCCS), a nationally representative survey of the crashes in which the critical reason for the crash was attributed to the driver, approximately 18 percent involved distraction.
During the 100-Car Naturalistic Driving Study, driver involvement in secondary tasks contributed to over 22 percent of all crashes.
“We now know that the worst offenders are the youngest, least experienced drivers,” said Secretary LaHood. “Unfortunately though, the problem doesn't end there. Distracted driving occurs across all age groups and all modes of transportation, from cars to buses and trucks to trains. We must work together to find solutions that will prevent crashes caused by driver distraction.”
At the end of the summit, Secretary LaHood is expected to announce concrete steps that the Transportation Department will take to combat the problem of distracted driving.
If you want to follow the summit, you can watch it live at dot.gov. You can also visit the MLN Personal Injury Law Blog for updates.
If you or a loved one has been injured by a distracted driver, contact an experienced Georgia accident lawyer as soon as possible. Time is of the essence. For legal advice, call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: driver safety, driving and texting
A Distracted Driving Summit organized by the Transportation Department begins today in Washington, and some truck drivers are worried that new legislation will take away their rights to use text messaging devices as well as on-board computers while driving. Many trucking companies have invested heavily in on-board computer technology to facilitate communication with truckers.
In a New York Times article published on Sunday, Clayton Boyce, spokesman for the American Trucking Associations, argued that the computers require less concentration than cell phones because they “have a screen that has maybe two or four or six lines [of text], and [truck drivers] are not reading the screen every second.”
“We’re supposed to pull over [to use on-board computers], but nobody does,” said Kurt Long, 46, a trucker from Oklahoma. “When you get that load, you go and you go and you go until you get there.”
Long’s computer contains a warning: do not use while vehicle is in motion. “But it gives you a proceed button,” he said with a laugh during an interview at a truck stop.
Most trucks with on-board computers must use them while they are driving. They cannot afford to pull over to use the computer because that would lose valuable time.
The Virginia Tech Transportation Institute videotaped truckers behind the wheel and found that those who use on-board computers are 10 times more likely to crash, almost crash, or wander from their lane. The same study found that truckers are 23 times more like to crash when sending text messages. Researchers note that truckers typically use on-board computers more often than they text.
Richard Hanowski of Virginia Tech asks, “Is this any different than texting? With either one, the risks are very high.”
Some on-board computers are designed so that they will not work when the vehicle is in motion, and some trucking companies already have bans or partial bans on cell phone use and computer use while driving.
Randy Mullett of the Con-way trucking company explained that his company’s drivers only use the computer technology to communicate with dispatchers. The truckers have to push a button on the screen to acknowledge that they received the message. Mullet said it’s not much different than pressing a radio button.
Mullett said, “If it took a driver 15 minutes, four times a day to pull over, you’d basically lose 10 percent of a driver’s time. You can’t take 10 percent of a truck fleet out of service to make them answer…. Let’s figure out a way to work with Congress that doesn’t make these technology advances obsolete or less efficient than they are.”
I personally do not like the idea of any driver using on-board computers or cell phones. Their eyes should be on the road at all times. A brief distraction can lead to the loss of multiple lives.
Long, the truck driver from Oklahoma might agree with me now. The New York Times reported that he had a wreck last week after taking his eyes off the road to reach for a cup of coffee.
“I guarantee, if you’re not an ace on that keyboard, you’ve got to look to find them letters,” he said. “Sometimes, it takes a lot longer to find a letter on that keyboard than it does to get a cup of coffee.”
Let’s hope that the Distracted Driving Summit will result in swift legislation that prevents accidents and saves lives.
If you need legal advice about an injury caused by distracted driving, call Atlanta truck accident lawyer Michael Neff at 404-531-9700 to schedule your free consultation.
Labels: distracted drivers, driving and texting, truck safety
“It’s common sense,” said Dave McCurdy, president of the Alliance of Automobile Manufacturers trade group. “The use of hand-held devices has increased dramatically, and I think there is a temptation to lose focus and take your eyes off the road.”
The Alliance of Automobile Manufacturers represents General Motors, Ford, and Chrysler, plus Toyota Motors, Volkswagen, and other foreign automakers.
The wireless industry, represented by the CTIA-Wireless Association, also states that text messaging is “incompatible with safe driving.”
CTIA said that there were more than a trillion text messages sent and received last year. They have no statistics on how many of those text messages occurred behind the wheel of an automobile.
Last year a Nationwide Insurance study estimated that approximately 20 percent of drivers are texting while driving. The study found that 66 percent of drivers between the ages of 18 and 24 are texting behind the wheel.
The National Safety Council wants to see a full ban on texting while driving as well as all cell phone use.
It seems as if the auto industry and wireless industry are supporting a ban on texting in hopes of offsetting a ban on all cell phone use behind the wheel.
Virginia Tech recently found that text messaging while driving is significantly more distracting than talking on a cell phone while driving. Researchers said that texting while driving “has the potential to create a true crash epidemic,” especially among teenagers.
At this point, 18 states and the District of Columbia have banned texting while driving. A few states have banned cell phone use behind the wheel. In New York and California, drivers must use hands-free devices while driving.
Senator Charles Schumer of New York has proposed legislation that would withhold 25 percent of federal highway money from states that do not ban texting while driving.
Next week the U.S. Transportation Department will hold a distracted driving summit in Washington to discuss the problem and possible solutions. Transportation Secretary Ray LaHood said, “Following the summit, I expect to have a list of concrete steps to announce.”
We’ll follow the distracted driving conference closely and keep you updated. I hope that the summit ends with concrete plans to ban texting while driving for truck drivers and bus drivers, at minimum. These large vehicles put us all in danger when their drivers are distracted.
Do you think texting while driving should be banned for all drivers? Do you think it should be illegal for truck drivers and bus drivers to text while driving?
If you’ve been injured by a distracted driver or hurt in a truck or bus wreck, call Atlanta accident attorney Michael Neff at 404-531-9700. We’ll set up a free consultation to answer any questions that you may have about your legal rights.
Labels: cell phone, driving and texting
The proposed ordinance, if approved by the Mayor and City Council, would prohibit text messaging while operating a motor vehicle while in the City Limits of LaGrange. It would carry proposed fines of $50 for the first offense, $100 for the second offense, and $150 for the third offense. The fine could be as high as $1,000 if the texting causes an accident.
Chief Louis Dekmar, Director of Public Safety for the City of LaGrange, said that enforcing the ordinance would be difficult, but he also pointed out that police officers could look at cell phones to determine whether or not a driver had recently been texting.
If the ordinance is passed, police would be able to stop drivers who appear to be sending or reading text messages. Drivers would be able to refute charges by showing their cell phone to officers.
Mayor Lukken said that the ordinance would send a strong message to the citizens: “Don’t Text and Drive in LaGrange.” The ordinance would also apply to those with learner’s permits.
During the public hearing of the first reading of the ordinance at a recent LaGrange City Council meeting, one citizen said that it would be “impossible to enforce” and questioned possible profiling by age, gender, and race. Mayor Lukken responded, “We are trying to send a message to the citizens that it is 23 times more dangerous driving a car when texting.”
The Mayor also explained that police would be able to tell if drivers were texting immediately before accidents. City Manager Tom Hall pointed out that 18 states have already banned text messaging while driving. Georgia is one of the states that has not banned texting while driving.
Last month in Savannah, Georgia, the Governors Highway Safety Association (GHSA) enacted a policy to encourage every state to ban texting behind the wheel for all drivers. GHSA Chairman Vernon Betkey said, “The action by the GHSA membership is based on the fact that texting while driving is indisputably a distraction and a serious highway safety problem. If every state passes a texting ban, it will send a message to the public that this dangerous practice is unacceptable. We can begin to change the culture that has permitted distracted driving.”
Later this month, the U.S. Department of Transportation will host a Distracted Driving Summit in Washington, D.C. The summit will focus on ways to reduce wrecks caused by distracted driving behaviors like texting.
If you haven’t seen the graphic public service announcement about texting while driving, I highly recommend that you watch it and show it to others (especially younger drivers).
Have you been injured by a distracted driver? If you need a Georgia accident lawyer, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: cell phone, distracted drivers, driving and texting
Have a look below. Be warned that the video is very graphic when depicting the consequences of texting and driving.
This video is just a small part of a 30 minute public service announcement put together by the police department of a small Welsh county called Gwent. When asked about the graphic nature of the piece, Peter Watkins-Hughes, the film’s director, said that young test audiences reported that the video should be shocking and violent in order to get teenager’s attention. Mick Giannasi, chief constable of Gwent police, said that the department decided to make a new video (their previous video had been on the dangers of joyriding), after young people reported that texting and driving was the major danger teens face on the road today.
But some critics, while allowing that the graphic video has gone viral for a reason, doubt that scare tactics will curb the urge to text while driving.
From the Times:
“When you look at something like cell phone use or texting, most people already know these behaviors are not safe, but they do them anyway,” said Anne T. McCartt, senior vice president for research at the Insurance Institute for Highway Safety, a nonprofit research group financed by auto insurers. “But the challenge in highway safety is that we do unsafe things day after day and don’t end up in a crash, and so I think, over time, people go back to their everyday behaviors.”
W. Kip Viscusi, a Vanderbilt university professor who studies risk, took a more jaded view.
“It goes back to, ‘What are you trying to accomplish with the warning — are you trying to inform people, or are you treating them like lower beings that have to be shocked into the way you want them to behave?’ ” he told the New York Times.
On the other hand, people like Richard Tay, a road safety researcher at the Schulich School of Engineering at the University of Calgary, thought that the portrayal of people being killed by a texting and driving accident would get through to teens.
“The guilt model does work fairly well in young people,” he said.
In the United States, nonprofits such as the Ad Council are trying a different tactic – humor. In this video, actor Fred Willard threatens to haunt a teen texter.
What is your opinion on the best way to get the texting and driving message through the heads of young people? Should we try to scare them with violent and graphic videos, or appeal to their funny bones? Leave your take on this serious issue in the comments.
Labels: driving and texting, teen drivers, teens and technology
The Today Show recently reported on a powerful new public service announcement (PSA) video geared toward teens. The PSA, produced by Tredegar Comprehensive School and Gwent Police in the United Kingdom, graphically illustrates the possible repercussions of texting while driving.
With stunning special effects and realistic acting, the video has become an Internet sensation. If you know any teenage drivers - or any people who have a problem with texting while driving - please send this URL to them.
The four-minute PSA is actually part of a larger 30-minute drama produced and directed by Peter Watkins-Hughes, an award-winning former BBC producer.
Ironically, while the video is intended for teens, you must verify that you’re an adult in order to watch it on you tube because of its graphic content. It could certainly cause nightmares among younger children.
Gwent Police produced the video in hopes of preventing accidents caused by cell phone users. Texting while driving has become a problem around the world.
“Making and receiving calls and texting whilst driving is still happening in roads not just in Gwent but all over the country,” said Gwent Police Chief Inspector John Pavett.
“Seeing a scenario, like the one [the PSA character] goes through, played out right before your eyes makes you realize how extremely dangerous it can be and what devastating consequences it can have. I hope that after watching this film, motorists will think twice before picking up their mobile phone when behind the wheel and realize that a quick reply to a text message or answering a phone call is never worth putting theirs and other peoples lives at risk.”
As Tom Costello of The Today Show pointed it, it’s the start of a new school year, and many teens are getting behind the wheel for the first time. And nearly all of them have cell phones. It seems like this video has gone viral at the appropriate time.
A recent Virginia Teach study found that the risk of collision jumps 23 times while texting. Currently, 17 states and the District of Columbia ban texting while driving, and 7 states ban the use of handheld cell phones while driving.
“We all know texting while driving is dangerous, and I promise you we’re going to do something about it,” Secretary of Transportation Ray LaHood recently said as he makes preparations for a national summit on texting while driving next month.
AAA recently did a study which found that 95% of drivers understand that texting while driving is dangerous, yet 21% admitted that they had recently texted or emailed while driving.
Hopefully this powerful new PSA will change some of that behavior. According to the Gwent Police Department, the PSA video has already gotten more than a million hits.
This is one video that I’ll be sending to everyone I know (and I recommend that you do the same). If you have a teen driver, don’t let your teen driver’s last words be a text message. Here’s the full video on you tube (note that you‘ll have to confirm your aging by signing into you tube):
Labels: cell phone, driving and texting, teen drivers
Allstate has been traveling around the country driving that point home to teens with their “Distracted Driving Training Course.” Recently Allstate was here in Atlanta and set up a course outside the Georgia Dome. Atlanta Falcons team President Rich McKay and his 16-year-old son John were on hand along with teens from local schools.
John drove the Distracted Driving Training Course several times with different stimuli present and, along with the other teens, sent orange cones flying willy nilly when exposed to common distractions such as loud music and loud talking. The teens were also asked to send text messages and eat – two very common driving distractions that can lead to accidents, as I have been reporting in recent “texting and driving” segments here on the MLN Law Blog.
John McKay told the Atlanta Journal Constitution, “They’ve made me text, eat, turn the music all the way up, had people screaming in the car. They’ve thrown a lot at me and it’s been tough.”
After the event was over and the teens had, like John, realized the danger of distracted driving, they were asked to sign a parent-teen driving contract. The contract designated certain punishments for various dangerous driving habits such as driving without a seatbelt, speeding, talking on a cell phone and other potentially hazardous violations.
The AJC also reported on a recent study stating that 80% of all crashes involve driver inattention within three seconds of the accident. “I wasn’t paying attention” is never a good excuse when it comes to operating heavy machinery, though a teen’s life is filled with distractions such as horseplay from friends, dialing the phone or applying makeup.
Allstate also recently came out with a study pinpointing the ten hotspots where fatal teen accidents are most likely to occur. Shockingly, eight of the ten were located in the southeastern United States. Here’s the breakdown:
1. Tampa/St. Petersburg/Clearwater, Fla.
2. Orlando/Kissimmee, Fla.
3. Jacksonville, Fla.
4. Nashville, Tenn.
5. Birmingham, Ala.
6. Phoenix, Ariz.
7. Kansas City, Mo. (and Kan.)
8. Atlanta, Ga.
9. Charlotte, N.C.
10. Louisville, Ky.
The results of this study persuaded Allstate to kick off their “Action Against Distraction” campaign. Allstate will also visit 41 other locations around the country with their “Distracted Driving Training Course.”
If your teen wasn’t fortunate enough to participate in the recent Allstate “Distracted Driving Training Course,” talk to them about the dangers of distracted driving. Car crashes are the leading cause of teen deaths in the United States. Don’t let your child’s last words be a text message.
Labels: driving and texting, teen drivers, teens and technology
“If it were up to me, I would ban drivers from texting,” LaHood said.
LaHood also said that prohibitive laws, including laws against drunk driving, are often insufficient without adequate education and enforcement.
“That’s why I have decided to convene a summit of senior transportation officials, safety advocates, law enforcement representatives, members of Congress and academics who study these matters,” said LaHood.
The national summit is scheduled for September. After the summit, LaHood plans to announce a list of “concrete steps” to reduce distracted driving. Steps may include education and awareness campaigns as well as legislative efforts.
Last week a bill was introduced to the Senate that would pressure states to pass laws that ban texting while driving. Known as the Avoiding Life-Endangering and Reckless Texting by Drivers Act, or the ALERT Drivers Act, the bill, if passed, will threaten to take away federal highway funding for states that do not enact adequate legislation. Drivers’ behavior is considered a state legislative issue.
If the bill becomes law, the Transportation Department will establish minimum criteria for state laws. States that do not comply will risk losing 25 percent of their highway funding.
Sixteen states already have laws that prohibit texting while driving, but these laws are often difficult to enforce. In Virginia and Washington, for example, law enforcement officers cannot pull over someone who is texting while driving unless the driver commits another violation such as speeding or failing to use proper turn signals. In some states, anti-texting laws currently apply only to young drivers.
When announcing the summit, LaHood referred to a recent Illinois auto accident in which a 17-year-old died after she drove off the road while texting. Additionally, last September, 25 people died and 135 were injured in a commuter train crash in Los Angeles in which the operator was texting.
“The bottom line is distracted driving is dangerous driving,” said LaHood.
I couldn't agree more. A recent study found that texting truckers are 23 times more likely to crash. The study also found that light vehicle drivers are 2.8 times more likely to crash when dialing a cell phone; truckers dialing a phone are 5.9 times more likely to crash; and truckers reaching for a cell phone are 6.7 times more likely to crash.
When you’re driving, please keep your eye on the road. Remain alert and drive defensively so you can watch out for all those other distracted drivers. If you get a text message while you’re on the road, just wait. Reply to the message when you stop driving. This could save your life (and the lives of others).
If you’ve been injured by a distracted driver or someone who was driving while texting, contact an experienced personal injury attorney as soon as possible. The attorneys at MLN Law will stand up to insurance companies and make sure you get the compensation you deserve. Call us at 404-531-9700 to schedule your free consultation.
Labels: driver safety, driving and texting
The study was carried out with a $300,000 grant from the Federal Motor Carrier Safety Administration. Researchers placed video cameras in commercial trucks to study driver behavior. The study analyzed over 3 million miles of trucking data from 203 truckers on the road between 2004 to 2007. The study was the largest of its kind in the world.
The video footage shows that texting is an extremely high-risk behavior because it causes truckers to take their eyes off the road. The video analysis showed just how dangerous texting while driving really is.
"In 4.6 out of the six seconds [before the crash or near miss], they weren't looking at the road. They were looking at the device," said Rich Hanowski, director of the institute's Center for Truck and Bus Safety. "Anything over two seconds is dangerous."
The study uncovered 4,452 “safety-critical events” from the 203 truckers, including 21 wrecks, 197 near crashes, and 4,200 other events such as unintentional lane changes.
In 2007, over 37,000 people were killed in traffic accidents, and 11 percent of those deaths involved large trucks.
Texting while driving has been implicated in a number of large truck wrecks. In April, the driver of a tractor trailer truck admitted that he had been texting before crashing into a school bus in a wreck that killed a student. In another incident, a Boston trolley driver was texting when he crashed into another trolley. As a result, the Massachusetts Bay Transit Authority now prohibit train and bus drivers from using personal electronic devices while working.
The study also found that:
* Drivers of light vehicles and cars who are dialing a cell phone are 2.8 times more likely to crash.
* Truckers dialing a cell phone are 5.9 times more likely to crash.
* Truckers reaching for a cell phone are 6.7 times more likely to crash.
Drivers who take their eyes off the road are more likely to crash! And when they’re driving a commercial truck, any crash has a high likelihood of causing a fatality.
Based on the study, researchers make the following recommendation: Texting should be banned in moving vehicles for all drivers. As shown in the table, this cell phone task has the potential to create a true crash epidemic if texting‐type tasks continue to grow in popularity and the generation of frequent text message senders reach driving age in large numbers.
"The take-away issue here is this is a driver behavior issue," Hanowski said. "It's not isolated to truck drivers."
Next time you get a text message when you’re behind the wheel, just wait until you get where you’re going before you answer. If it’s really that important, pull off the road to reply.
If you’ve been injured by a texting truck driver or distracted driver, call MLN Law to schedule your free consultation. Call 404-531-9700 today.
Labels: cell phone, driving and texting, truck safety, trucking
What’s worse, college students say they ignore anti-texting and driving laws and even continue to text or check email after they’ve experienced a close call while doing so.
All these findings came about through a study conducted by Tamyra Pierce, an associate professor of mass communication and journalism at Fresno State in California.
California successfully banned drivers from using cell phone handsets back in 2006, and according to Pierce’s study, 87% of the study subjects were aware of the law. Still, 49% of the 409 students she surveyed admitted that they still used cell phone handsets, texted or checked email while behind the wheel. Of the college students who admitted to illegal behavior, 84% reported that they text while driving.
Pierce conducted a similar study last year, and at the time only 62% of young people surveyed admitted to texting while driving.
“Texting while driving is hazardous at any age but it is especially dangerous for younger drivers who have not yet gained adequate driving experience,” says Ms. Pierce. “Those few seconds one looks away from the road to text on the cell phone may be the seconds the driver needs to prevent an accident -- one that may be fatal.”
Past studies have found that texting while driving reduces reaction and control times even more than drinking and driving – 35 percent vs. 12 percent with a blood alcohol level within the legal limit. In addition, texting while driving also reduces steering and control of car by 91 percent. As we reported here on the MLN Law Blog last week, even driving while talking on a cell phone – with or without using a handset – was proven to cause approximately 1,000 fatalities back in relatively less cell-phone-happy 2002, the only year study data is available.
College students have created a virtual culture of texting. Of Pierce’s survey respondents -- 196 females and 213 males age 18-25 – a majority had owned a cell phone more than five years and 99 percent had texting capabilities. The survey found that 52 percent had a Bluetooth or other hands-free device, 81 percent had “unlimited” texting service and average usage was 1,000-3,000 texts per month.
When asked if their texting had caused any consequences, 33 percent answered that they almost hit something while texting, 21 percent missed a turn, 8 percent ran off the road, 3 percent got into an accident and 2 percent ran a red light, hit something or got a ticket.
Labels: auto accident, driving and texting, teen drivers, teens and technology
Concerned about safety on the train, Matthew Jones, a regular MARTA commuter, snapped the photo on his cell phone. According to Johnson, he thought he saw the driver texting as he entered the train and so he decided to sit in a spot on the train where he could view the driver. Jones told the Atlanta Journal Constitution that he had noticed a MARTA operator reading a book a few months earlier and wished that he had said something at the time.
“When I saw him pick up his phone again, I picked up my camera and waited for him to turn away, because he was definitely looking to see who was looking,” Jones told the AJC.
Andrea Coleman, spokesperson for MARTA, said the operator would be placed on administrative leave with pay until an investigation could be carried out, and MARTA later released a statement that “The safety and security of our patrons is MARTA’s first and foremost concern. Texting while operating a MARTA vehicle is against company policy… appropriate disciplinary actions will be taken upon the conclusion of the investigation.”
But with the photo evidence, is an investigation enough? This discovery comes on the heels of two mass transit accidents involving drivers distracted by texting. A Los Angeles Metrolink operator was texting last year and became so distracted that he allowed the train he was operating to run through a stop signal and crash into another train. The accident resulted in 25 deaths, including the driver himself, and injuries to 138 people.
Another incident, in Boston, was blamed on driving while texting. Forty nine people were injured in a trolley accident when one driver, who was sending a text message to his girlfriend, rear-ended a second trolley. As a result, both trolleys were derailed and passengers were tossed about the trolley’s carriages. None of the injuries were considered life threatening.
The MLN Law Blog recently explored driving while texting when it comes to teenagers. But it’s clear that adults are guilty of this behavior, too. Encourage your friends and loved ones to practice safe behavior when driving and refrain from driving while texting.
The “MARTA Operator Driving While Texting” story was just one example of the many news stories that are broken on Twitter every day. If you don’t follow MLN Law on Twitter, check us out at www.twitter.com/mlnlaw.
For more on this story
MARTA to probe texting report MARTA probes photo of train operator texting, Atlanta Journal Constitution
Labels: driving and texting, MARTA, reckless driving
"If you put a 20-year-old driver behind the wheel with a cell phone, their reaction times are the same as a 70-year-old driver who is not using a cell phone," University of Utah psychology professor David Strayer told Live Science. "It's like instantly aging a large number of drivers.”
Strayer headed a university study that was published in the journal Human Factors (winter issue, 2005). According to the research, cell phone distraction causes 2,600 deaths and 330,000 injuries in the United States each year.
Strayer’s study found that:
- Drivers talking on cell phones are 18 percent slower in reacting to brake lights.
- Driver talking on cell phones also take 17 percent longer to regain speed after they brake.
"Once drivers on cell phones hit the brakes, it takes them longer to get back into the normal flow of traffic," Strayer said. "The net result is they are impeding the overall flow of traffic."
Strayer found that even hands-free cell phones distract drivers. The drivers may not be holding the phone, but they’re still distracted by the conversations. In a previous study, Strayer found that drivers talking on cell phones are even more impaired that drunk drivers with blood alcohol levels over 0.08.
A study conducted by the Insurance Institute for Highway Safety in Australia found that motorists using cell phones while driving are four times more likely to get into crashes serious enough to injure themselves or others. The study also found that the risk of injury was the same for hand-held phones and hands-free phones.
An April 2006 Naturalistic Driving study by Virginia Tech and the National Highway Traffic Safety Administration found that nearly 80 percent of auto accidents involve some form of driver inattention within three seconds of the accident. The most common distraction is cell phones, followed by drowsiness. Other distractions, such as lunging for a falling cup, might increase the risk for an accident even more; however, such distractions are not nearly as common as cell phone use.
As of today, six states (California, Connecticut, New Jersey, New York, Utah, and Washington) and the District of Columbia have laws that ban the use of hand-held cell phones while driving.
Driving while texting (DWT) is even more distracting and dangerous than talking on a cell phone. Alarmingly, one study conducted by an insurance company found that at least 20 percent of drivers are texting while driving. As of now, texting while driving has been banned in ten states (Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Utah, Virginia and Washington) and the District of Columbia.
Georgia has not yet placed any bans or restrictions on cell phone use behind the wheel. But even though it’s not illegal, distracted drivers (and companies that allow cell phone use in vehicles) can still be held accountable for accidents. In 2007, International Paper Company paid a $5.2 million settlement to a Georgia woman who was rear-ended by one of their employees talking on a company cell phone at the time of the wreck. In this case, the company actually had a policy requiring the use of hands-free cell phones while driving, and the employee was not following the policy, but the company agreed to pay the settlement anyway.
If you’re injured in an accident caused by someone who’s driving while texting, talking on a cell phone, or otherwise distracted, it’s important to talk to a lawyer as soon as possible so that your attorney can collect relevant evidence because it disappears. Call (404) 531-9700 to schedule your free consultation at MLN Law.
Labels: auto accident, avoiding car accidents, cell phone, driving and texting, Georgia personal injury lawyer
While driving and talking on the cell phone is obviously a danger, lately the news has focused on driving and texting. A study conducted by Nationwide insurance concluded that at least 20% of drivers are sending or receiving text messages while behind the wheel – a truly frightening statistic.
Case in point, a sad incident involving driving and texting made headlines last June in Rochester, NY. Five girls who’d just graduated from high school together were killed in a collision with a tractor trailer. The teen driver of the girls’ vehicle was thought to have been texting at the time of the accident.
As of now, eight states (Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Washington and the District of Columbia) have imposed texting bans for all drivers, with just one more adding a cell phone ban for novice drivers such as Georgia lawmakers had proposed. In an interesting side note, the ACLU has gone on record as opposing bans on teen cell phone use, claiming that they single out a particular group and deny them freedoms. Other opponents of similar bills have put forth that cell phone laws will be almost impossible to enforce.
As for the Georgia bill that didn’t make it, Rep. Matt Ramsey (R-Peachtree City), who introduced the measure, said that it would keep teen drivers – and those sharing the road with them – safe from dangerous distractions. A caveat on the bill would have allowed some instances of cell phone use, but only to report dangerous situations or threatening road hazards.
According to the wording of the original bill, violators would have been fined up to $150 for the first offense and received one point on their driving records. Fines and points would have increased with subsequent violations. Drivers found at fault in an accident while violating the law would have had their licenses suspended for 90 days. Second offenders would have lost their licenses for six months. There is no word yet on whether Georgia lawmakers will reintroduce the bill during next year’s session. Currently, Georgia’s only definitive ban on cell phone use while driving applies to school bus drivers.
If you or anyone you know was injured in a car wreck due to a driver’s reckless behavior, you could have legal recourse. Call MLN Law at (404) 531-9700 for more information about your options in this serious matter.
What do you think of a cell phone ban for teen drivers? Are they a safety net or an erosion of freedoms? Do you know anyone who texts and drives?
Labels: car accidents, driving and texting, Georgia, reckless driving
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