Atlanta, Georgia Personal Injury Lawyer
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
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
Curtis did not have any alcohol in her system. However, her phone showed that she had exchanged nearly two dozen text messages in the hour before the crash. The last incoming text message, which was never opened, was received just seconds before the crash.
The evidence on her phone landed Curtis in jail. The British government considers texting as a serious aggravated factor in “death by driving.” The laws generally recommend four to seven years in prison. The sentence has sparked debate.
Bill Sykes, the police officer in charge of the investigation, said, “She came across as a lovely girl, and I’m sure it wasn’t a nice feeling for the judge to send someone like this to prison - but someone is dead because of a text message.”
McBryde’s mother called the 21-month sentence “unduly lenient.” But not everyone agreed. Gemma Pancoust, cousin of the McBryde, said, “I think Phillipa’s sentence was long enough, as she seemed like such a normal girl. Until Tory’s death I texted while driving, as have most people. I don’t think she realized the danger she was causing.”
In fact, records show that the victim had sent a text message while driving her car shortly before it broke down on the side of the road. Part of McBryde’s vehicle extended into the roadway because there was no shoulder where it broke down. The court case revolved around evidence that Curtis made no effort to brake or swerve to avoid the car. Police demonstrated that it should have been visible from 300 yards back on the highway.
“How could she not see it, given that the night was clear and the car’s lights were on? She was clearly distracted,” said Sykes.
Curtis’ lawyer proved that Curtis had not been sending a text in the moments before the crash. The prosecution argued that, in light of the text conversation, the new message which had arrived seconds before the crash had likely distracted her. This message was never opened, but prosecutors said she was unable to resist trying to do so.
“Since she had read all messages before, she was probably looking to read this one, too,” Sykes said.
Britain has cracked down on texting while driving. Curtis was found guilty and sent to jail even though she was not texting at the time of the accident because the laws regard “reading or composing text messages over a period of time” as a “gross avoidable distraction.” Such behavior falls into the same category as driving under the influence or road racing.
Have you been seriously injured by a distracted driver, or have you lost a loved one in an auto accident? If so, contact an experienced Georgia car wreck lawyer immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, text messaging
Why sexting? Why now? First of all, the “sexting” generation grew up in a world where the internet had always been around, where instant gratification is a way of life, and where the dangers of sending sexually explicit messages and images have been sanitized by the distance. After all, how can typing on a small electronic device hurt me, teens and tweens might ask.
But a cell phone is such a personal item. As a parent, you may wonder how, besides trusting your child’s sense of propriety and responsibility, you can recognize the signs of sexting and prevent this destructive and potentially extremely dangerous behavior.
First, you can watch for the signs:
1.) Texting while alone or in the dark – Parents are generally able to spot guilty behavior. If you see your child attempting to text while alone or staying up after everyone else is in bed to text, you may have a problem.
2.) Texting for long periods of time – Some teens text like crazy, but if you notice your child spending an inordinate amount of time with the phone, check up on the situation.
3.) Changes in behavior – For some teens and tweens, sexting could be their first encounter with explicitly sexual imagery or behavior. In that case, they may show signs of discomfort or changes in normal behavior.
Even if you haven’t noticed any warning signs, keep lines of communication open to nip sexting in the bud. Possible conversation starters include:
1.) “Have you ever received a sexual picture or message on your cell phone?”
2.) “Do you think its okay to send sexy messages on your phone? Why?”
3.) “Has anybody ever pressured you to send a sexy message or picture on your phone?”
4.) “What consequences could occur if you were to send or forward a sexually explicit message or picture on your phone?”
5.) “How likely is it that cell phone messages intended for one person will remain private? How likely is it that they will be seen by other, unintended, recipients?”
The fact is that many teens and tweens do not understand the consequences of sending sexually explicit messages or images. They may not understand that electronic images are forever, or that the people they trust with their messages and images may not be equally trustworthy. They also may not understand the social and personal consequences of sexting. Teens found engaging in indecent behavior can lose scholarships, sports team membership, and face humiliation. Sexually explicit pictures can also follow them throughout their lives. A teen who fully understands these consequences will be less likely to engage in risky sexting behavior.
When talking to your teens and tweens about sexting, bring up the following consequences:
1.) Sending sexual images, even forwards, can get you in trouble with the law – Some teens have been prosecuted and forced to register as lifelong sex offenders due to sexting incidents.
2.) Anybody could see a sexually explicit picture or message, deliberately or by mistake – Mention parents, teachers, friends at school, and enemies. Teens and tweens will think twice about sending a picture that might fall into the wrong hands
3.) Sexting can hurt others – Forwarding sexually explicit materials can hurt others, causing them humiliation or other negative social consequences. Explain that many sexually explicit pictures result from exploitation and encourage your child to report any sexually explicit images or messages they receive
Have you ever found out about a sexting incident involving your teen or tween? How did you respond? Do you have any tips for parents who want to prevent sexting or believe that sexting might already be going on? I’d appreciate hearing from you in the comments.
Labels: child sexual exploitation, teenagers, teens and technology, text messaging
The word “sexting” is an amalgam of the words “sex” and “texting,” and it consists of just what you might expect – sending explicitly sexual messages and even photos via text message. While “sexting” has made the talk show rounds as a phenomenon common among teens and college students, it is unfortunately true – as a recent Gwinnett County criminal case indicates – that sexting has also been used among of-age sexual predators to swap messages with their teen victims. No matter who the sender and the recipient, children have been known to abuse the power and relative ease of text messaging by sending obscene or inappropriately sexual messages, or even using a cell phone’s built in camera to send obscene pictures. Some teens, even minors under 18, have even been prosecuted on child pornography charges due to images they sent and received through sexually explicit text messages.
The Gwinnett County case took place in Lilburn, where Thomas Hartridge Bacot, 32, was recently arrested on charges of sexual exploitation of a child and electronic transmission of obscene material to a minor. The minor in this case? A 14-year-old girl.
Bacot’s attorney asked for and received a 30-day continuance to gather more information from an internet service provider, but Gwinnett County District Attorney John Warr told the Atlanta Journal Constitution that he expects the plea hearing to take place sometime during the week of October 19th and that he had expected the defendant to plead guilty to the charges.
The teenage years are a difficult time for a parent. Children want their freedom and privacy while parents are often still unsure whether that freedom and privacy has been earned. In a recent post on teens and internet use here on the MLN Law Blog, we posted about children and technology expert Jim Fisher. He had this to say on the subject of parents, teens and personal responsibility: “let the leash out slowly” and feed kids “bite-sized chunks of responsibility as they mature.”
The same should apply to texting. Instead of handing children a cell phone as soon as they are old enough to push the buttons, make them earn the privilege of private communication by showing responsibility first. And even then, be sure to monitor your child’s calls and text messages. This may mean allowing your child access to the phone for only one hour per day at first, or disabling texting altogether.
Tomorrow, I will offer more tips on how to prevent your child from sexting and advice on what to do should you find that sexting has occurred.
Labels: child sexual exploitation, sexting, teenagers, teens and technology, text messaging
The 16-year-old victim, whose name was rightfully kept out of local press, was abducted from her neighborhood by Jose Hernandez-Ruiz on August 20th while walking home from school. According to the police report, the suspect jumped out of a car, grabbed her by her neck, and forced her into the woods near her home.
This quick thinking teenager was able to tell police exact details, such as that two other men in the car were yelling at her attacker in Spanish. She was also able to use the distraction to perform the one action that saved her from assault and may very well have saved her life – she texted friends her whereabouts and they arrived on the scene before the girl could be assaulted or physically injured.
When the quick thinking teen’s friends arrived, Hernandez-Ruiz and the other two men fled, but Gwinnett County Police were later able to find and arrest him. According to the Atlanta Journal Constitution, the 19-year-old suspect remained in custody at the Gwinnett County Detention Center as of Friday, September 4th. He is being charged with kidnapping and sexual battery.
This was an extremely frightening story – a young girl kidnapped out in the open and almost on her own door step, but one that, due to the 16-year-old’s quick thinking, ended in the apprehension of a dangerous man instead of a tragedy. Instead of becoming a victim, this young girl used the technology she had on hand – her cell phone – to save herself and who knows how many potential future victims.
Sure, I still think that it is very important that the general public become informed about the very real dangers involved with auto accidents and cell phones but after reading the story of the brave Gwinnett County teen, I applaud any technology that allows a girl to hold her head up high and stop herself from becoming a victim.
Has a cell phone or text messages ever saved you from harm or worse? I’d love to hear about it in the comments.
Labels: child safety, sexual assault, sexual predator, text messaging
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