Will a $25.00 fine really deter the conduct of texting while driving? Text messaging is a part of the teenage culture. Kids don’t want to talk on the phone. My daughter will send a text and wait for a reply rather then call a friend. I couldn’t get my sister off the phone when I was growing up.        

As I am sure you are aware, Kentucky now has a law that prohibits texting while driving. The hope is that this law will help to prevent serous car accidents and crashes. You are not allowed to text and drive. I am not going to go the question as to why we would need a law that is simply common sense. Texting while driving is more dangerous than drunk driving. Intexicated driving causes more accidents than intoxicated driving.

But my question is did Kentucky go far enough in the penalties put in place for violating this law?  Are the penalties enough to really deter the act of text messaging?  Are auto accidents going to be prevented? Are lives going to be saved?

Children of the 21^st century have grown up with cell phones. Text messaging is their No. 1 form of communication with friends.  Driving to work every day, I see people texting while they’re driving. Kentucky drivers are looking down at their cell phones and not looking at the road ahead.  They are not paying attention to the cars around them. What happens if a car suddenly stops or a child runs into the street?

 The penalty range for texting and driving starts at $25.00 for a first offense and $50.00 for a second offense, yet the consequences can be severe and deadly in many situations.  It has been said that text messaging is worse than driving while drunk as far as your ability to control the car.  This can be said of any type of distracted driving. 

My question is should Kentucky’s texting law have more severe fines and penalties?  In states like Utah it is a crime of manslaughter in a situation where you are texting and driving and have a fatal accident causing a death. Does this go too far? I think tougher penalties are more likely to deter the conduct that we are trying to eliminate from our roads.  As a personal injury attorney I can use evidence of texting while driving in a civil trial. This may enhance what a jury would award.

Text messaging and driving is very dangerous.  I know I have posed a lot of questions. Only time will tell if the law deters texting while driving and helps to prevent car accidents. I think the penalty for texting while driving in Kentucky should be more in line with what the actual damage done by this very negligent behavior. I am curious to hear your thoughts.

On April 25, 2010 Governor Beshear signed a bill that makes it against the law in Kentucky to text message while driving. This bill became the law in Kentucky today, July 15, 2010.  You are no longer allowed to drive a car and text message.  I know this states the obvious, but Kentucky has finally joined the majority of the states in having a law that prohibits texting while driving in an attempt to prevent serious car accidents caused by distracted driving.

What does the new law mean? What activities does it prohibit? What happens to you if you violate the law?

If you are under the age of 18, you are prohibited from using a cell phone while driving a motor vehicle of any kind.  No talking. No texting. No checking your e-mail. You cannot use the phone at all.

If you’re over the age of 18, you cannot use a cell phone to send a text message, receive a text message or read a text message while you’re driving the car.  You can use the cell phone to make a call. There is no requirement that you use a blue tooth or head set.

What happens if you get caught violating the law?  What I mean is what happens if you text while driving and get caught by the police? Until January 1, 2011 absolutely nothing will happen to you (other than being 23 more times as likely to be in an automobile accident, but that is a story for another time). Warnings are going to be given by the police so you will not actually receive a ticket for violating the law. 

After the first of the year you will receive tickets for the offense of texting while driving if you are pulled over in conjunction with any other type of violation. The fines for this are minimal.  For a first offense it is $25.00 fine plus court costs, which in Jefferson County are $134.00.  For a second offense, it is $50.00 fine plus court costs. Not much more than a slap on the wrist in my opinion.

The bottom line is do the obvious and don’t text while you’re driving. You will be in violation of Kentucky law if you do.

Everyone knows the dangers of distracted driving. We know we shouldn’t use a cell phone while we drive, especially texting while driving.  What affect would this have on an auto accident claim in Kentucky? 

The initial investigation into a distracted driving case involving texting or talking on a cell phone at the time of a car accident is very similar to the investigation of any automobile accident case.  A personal injury attorney will obtain a copy of the police report; get photographs of the accident scene and the vehicles. Witnesses will be interviewed. Insurance policies will be reviewed.

Other lines of investigation will include the at-fault driver’s cell phone provider at the time of the Kentucky car accident.  All cell phone records will need to be subpoenaed and reviewed. Those would include all personal numbers and employer numbers. You need to review  all cell phone records.  Cell phone records are important because they can show the time and length of a call on a particular date. If you can pinpoint the exact time of the accident you can show whether or not a defendant was on a cell phone at the time.

A defendant will have to explain the cell phone use during his deposition. Questions I would ask during a deposition would include:

• Were you on the cell phone at, near or during the collision? 
• Were you dialing your phone at, near or during the collision?
• Were you picking up your phone at, near or during the collision?
• Were you touching your phone at, near or during the collision?
• Were you looking up a phone number at, near or during the collision?
• Did you have your phone in your hand for any reason at, near or during the collision?
• Were you texting on your phone at, near or during the collision?
• Have you ever used a cell phone while driving?
• Have you ever had an accident with a cell phone? 

Unfortunately this type of litigation is going to become more and more common.  I don’t believe the new Kentucky cell phone law is going to curb the use of cell phones for either talking or texting.  As the verdicts and penalties increase then the behavior will change.  It will take time.

If a personal injury attorney discovers information that indicated a cell phone was being used by the at-fault driver theories of negligent causation and failure to abide by a statute will be considered.  Reckless driving or gross negligence are other theories that may be pursued. The law is developing, but these fact situations may justify punitive damages if the activity was grossly negligent or recklessness.  It will be interesting read Kentucky Court opinions as the law develops. Only time will tell whether any of these theories of negligent will be applied to cell phone use.

There is a no texting and driving law in Kentucky.  What effect will it have on the way Kentucky drivers behave behind the wheel of their cars and will the law prevent serious car accidents?  There are states that have had cell phone laws in effect for two years or more, including New Jersey.  Since the law has been instigated in New Jersey there has been more than 252,000 citations issued across the state.  Despite this number at least one survey shows that more New Jersey motorists are using their cell phones while driving than ever before. Oddly the number of crashes involving cell phones and distracted driving has dipped slightly since the law went into effect. 

           The New Jersey law has stronger prohibitions than the Kentucky law. New Jersey prohibits texting while driving and talking on a handheld phone while driving.  The penalties in New Jersey are similar to those in Kentucky. Motorists only face a $100.00 fine plus court costs for a violation. The crime of using a cell phone in a car while driving in New Jersey is a primary offense. This means the police can pull you over just for that activity alone. 

            Unfortunately laws don’t change behavior overnight.  We can look back at seatbelt laws when they were first passed.  People fought the new laws. Many did not wear seatbelts. They saw no benefit. It had to be proven to them. Now there’s hardly anybody that gets into a car that does not buckle up. 

             What is the answer to speed up the process of the new anti-texting law? Is it public awareness?  Campaigns using billboards and commercials appear to be helping. 

             What can Kentucky learn from New Jersey?  In my opinion the penalties are not strong enough to inhibit texting while driving.  This is especially true with those who have grown up using texting as the primary communication tool. It is second nature to them. The penalties need to fit the crime.  If somebody is seriously injured or is killed by a driver distracted by texting the penalties and charges should be in line with the damage that is done.  An automobile is a deadly weapon if not treated with respect. My old boss, former Commonwealth’s Attorney and Jefferson Circuit Court Judge, Ernie Jasmin, used to say that an automobile in the hands of a drunk driver was a deadly weapon with a license to kill. It is exactly the same for a texting driver.  If you use a motor vehicle carelessly and cause a serious Kentucky automobile accident you should pay the consequences. It’s time to take the next step and beef up the law in Kentucky.

            Governor Steve Beshear signed the Cell Phone Text Messaging Bill into law in Kentucky on April 25, 2010. It is about time. I hope this bill will have its intended impact and prevent serious automobile accidents caused by inattentive or distracted drivers. 

Under the new law, any driver under the age of 18 is prohibited from using a cell phone in any manner while driving.  This applies to an instruction permit, intermediate license or a full operator’s license.  There is one and only one exception to this.  That is to summon medical help, law enforcement or a public safety agency in the case of an emergency. 

            There are also provisions that relate to ALL drivers. Anyone who is operating a motor vehicle cannot write, send or read a text-based communication such as text message, instant message or electronic mail while operating a motor vehicle.  My understanding is that there will be warnings issued on violations until January 1, 2011. 

The fine for a first offense is a mere $25.00. Second offenders on up are fined $50.00 plus court costs. These fines appear to be a mere slap on the wrist. What if a bicycle accident victim is seriously injured or killed by someone who is texting while driving? Is a $25.00 fine going to send a message and act as a deterrent? I would propose much harsher penalties, maybe even prison time and a charge of manslaughter in extreme circumstances. Texting while driving is said to be more dangerous then drunk driving. The penalties should at least be the same!

            Two weeks after the Cell Phone Text Messaging Bill was signed into law I was traveling down I-64.  Ironically I was near the Frankfort, where the bill was signed and debated.  I was passed by a driver who had a laptop computer wedged between the passenger seat and the dashboard. The computer faced him and he was typing as he passed me going well over the speed limit!  I had a “Did I really just see that?” moment.

We really need to use some common sense when we are driving a car.  I believe the Text Messaging Bill is a good start; however, I don’t believe the penalties are harsh enough to have a real impact. It didn’t faze my friend with the computer wedged in his front seat.  Inattentive driving can cause can cause severe consequences, such as brain injury, paralysis or even death. 

There are efforts nationally, such as Oprah Winfrey’s “No Phone Zone.” This is a push to get teenage drivers to enter into a contract abstaining from texting while driving or even using a cell phone in the car.  What a great idea! My 16-year-old daughter helped to get signatures and pledges at her high school.  Her class was able to get over 100 students to sign a contract or pledge not to use a cell phone while driving. 

This is a good start but as I said, Kentucky needs to go further with penalties and enforcement.  For now, we’ll take what we have and hope that all Kentuckians use common sense to prevent serious motor vehicle accidents and fatal accidents on our roads.

We all know that the dangers of texting and driving. It is obvious.  In Kentucky we now have a simulator which demonstrates the dangers of texting and driving. The simulator can be requested from the Office of Highway Safety and is free to the schools.  It has not been used in Jefferson County but I hope our schools will take advantage of the program.  This new program has been developed to demonstrate the problems and many dangers of texting and driving to high school students.  This is presented for no charge by the Kentucky office of Highway Safety. 

Individuals are strapped into an arcade-type racing game.  The simulator has a seat equipped with a seatbelt, a gas pedal and a brake pedal.  There is also a steering wheel and a gearshift. You have three screens in front of you that gives the operator an 180?degree view of a roadway. The driver is requested to operate or drive normally. They are then handed a cell phone and asked to send a text message while they can continue to drive the simulator. 

When they are handed the cell phone it usually sends the car swerving into another lane.  Drivers are allowed to watch a replay of their simulation. When students are shown the simulation replay they see themselves swerving when they thought they were actually driving okay.  Distracted driving has become the leading cause of crashes among 16 to 21 years old.  Texting and driving is a big, big part of this.  

            The US Department of Transportation has banned all federal employees from texting and driving on federal-issued or personal phones while in vehicles owned by the federal government or in vehicles being used on federal business.  This includes the military.  Although the federal government may be the most recent, the National Safety Council indicates that hundreds of private companies and organizations have banned the use of cell phones while driving to reduce accidents at work. 

This needs to be the law in Kentucky and should be the number one priority at the next Kentucky legislative session.  The word is getting out in Kentucky partly thanks to Nicole Meredith, who is a teen.  She wrecked her car on the Gene Snyder last summer when she was texting a friend.  As she was texting she went off the road and totaled her car.  Miraculously she walked away from the crash without injuries.  Meredith has told her story in Frankfort to help kickoff the Transportation Department’s distracted driving campaign.  Hopefully there will be more than just a campaign and soon no text messaging behind the wheel will be the law in Kentucky.  

The statistics are one of the many compelling reasons to make this ban the law in Kentucky.  Some of these statistics are:

·        Distraction from the use of a cell phone while driving delays driver-reaction time

·        Use of cell phone reduces brain activity associated with driving by 37 percent.

·        80 percent of all crashes are related to driver inattention.  The use of a handheld device increases the likelihood of a crash four times.

·        In 2008 nearly 6,000 people died in crashes involving an inattentive or distracted driver.

·        Research shows that the youth are the worst offenders.

Believe it or not there were 53,000 distracted driving-related crashes last year in Kentucky.  Link Kentucky kicks off campaign to cut down on distracted driving.  Governor Steve Beshear is considering a policy that would limit distracted driving for all state employees.  Do we really need to have to tell them that it’s time to make this the law?  I hope Kentucky follows suit with Colorado. Their new law dictating how you use your cell phone while driving takes effect December 1, 2009.  After this date no one under the age of 18 will be allowed to talk on a phone while driving.  Everyone will be banned from texting while driving.   

Let’s hope Kentucky is next and a ban on text messaging while driving will be law in Kentucky in the near future. This will help to precent car accidents on our Kentucky roads.

The nationwide parade toward a ban on text messaging while driving has picked up more steam in the last week. Ford Motor Company became the first auto manufacture that has come out in favor of a federal ban on texting while driving. Similarly, the new chairwoman of the National Transportation Safety Board has prohibited employees from using a cell phone or texting while driving on any official business. They have also recommended that government transit agencies prohibit the use of cell phones for young drivers, all commercial drivers and even train and bus operators. They have not gone as far as Ford in endorsing a national ban on all drivers.

New York Democrat Senator, Charles E. Schumer, has proposed legislation that if enacted would cut federal highway funds given to the states by 25%, should the states not comply with the prohibition against texting and driving.

In support of their decision Ford cited recent research that shows that an activity, such as texting, that allows drivers to shift their focus from the road to another task for an extended period of time substantially increases the risk of automobile accidents. I am sure this is accurate. I have several clients who would not have been injured but for the negligent actions of a texting driver. I have seen red lights run and stop signs ignored both causing serious injuries.

Fords support of the national ban only goes as far as texting and driving. It does not include cell phone use. The ban currently proposed does not affect the use of any in-car communication and entertainment systems, such as the ones Ford offers to its customers. These systems allow hands free cell phone use and will even read text messages to you while you are driving. I support Ford’s position but wonder whether there is any economic motivation in their support of this particular bill. This would be a boost to the struggling auto industry if hands free devices are required for cell phone use behind the wheel. I believe it will only be a matter of time before the other automakers jump on the band wagon.

Text messaging bans have already been enacted in 14 states and the District of Columbia. Kentucky is not among this group of 15. Although Kentucky has not yet enacted a total ban there are restrictions for teenagers and bus drivers.

The bottom line is texting while driving is extremely dangerous and will eventually be banned in all 50 states. This activity increases the risk of car accidents and makes Kentucky roads dangerous. People are concerned. In a survey conducted this year the AAA Foundation for Traffic Safety found that 48%of people worry about others driving in an unsafe manner. 19% of those surveyed stated that the reason they were concerned was people multitasking while driving. I hope are elected officials wise up, get with the times and ban texting while driving. Delays will cost us the loss of lives.

There is a texting while driving epidemic in America. I see it almost daily. Not a week goes by that I don’t speak with a Kentucky accident victim that was injured by a distracted driver. Someone texting on their cell phone is the most common cause of these accidents.

A “Distracted Driving Summit” was announced by the federal Secretary of Transportation on August 4, 2009. The senate recently discussed a proposal for withholding federal highway dollars from states that fail to enact laws that ban texting while driving. The meeting is slated to occur in September. Safety experts, academics, elected officials, the police and others will be given the opportunity to discuss strategies to effectively ban texting while driving, cell phone use and other driver distractions with the hope of saving lives.

            Distracted drivers (including texting drivers) were compared to drunk drivers by Transportation Secretary Ray LaHood. Lahood feels that Americans became fed up with their children being killed by drunk drivers and are now tired of the idea that people can text and drive in some states.

Will outlawing this type of activity by drivers save lives?  The Governors Highway Association has mad recommendations that oppose texting while driving. This same group opposes the implementation of laws that have no teeth and cannot be enforced. Fourteen states have a ban on texting and driving. Kentucky currently bans texting only for drivers under 18 and school bus drivers.

Studies show that texting while driving increases the risk of a crash. I don’t need a study to tell me this, but the Virginia Tech Transportation Institute did such a study. It showed texting truck drivers were 23 times more likely to be in a crash or near crash situation.  Cell phone users’ risks increased 4 times. College students fared better in a Study by The University of Utah. The likelihood of this group being in a crash increased 8 times.

Americans are inconsistent on their views about cell phone use. The AAA Foundation for Traffic Safety did a survey. 58% of those surveyed feel talking on a cell phone and driving is a serious threat. This increases to 87% for texting and driving.  67% of this group also said that they had recently used their cell phone while driving. It appears we feel it is okay for me, but not for someone else.

The federal government usually does not get involved with laws about driving; it is left to each individual state. I think it is fair to say that eventually there will be pressure put on states to pass laws or forfeit funding. Kentucky will eventually join the parade of states banning texting and driving, but it will be a while.

Wise up and put the phone down. Distracted drivers cause accidents. I had another client interview yesterday where the auomobile accident was caused by a texting driver that went off the road, over corrected and caused a head on collision. The accident and injuries could have been avoided if the phone was not being used. I wonder what was so important?

There is a new billboard campaign that has been launched by the National Safety Council called “Death by Cell Phone.” The campaign has been launched in 67 markets nationwide. I have yet to see one in the Louisville area. If you know of one post a comment and let me know where it is. Jennifer Smith, who is the daughter of a victim that was tragically killed by a driver using a cell phone, coined the phrase in describing the tragic death of her mother.

            Cell phone usage while driving was addressed by Kentucky in 2009, but did not make it out of committee. Nationwide it is reported that 81% of cell phone owners use their phone while driving. There is little doubt that the use of cell phones distracts drivers and is the primary cause of tragic auto accidents on Kentucky roads.

I have represented accident victims who have been injured by teenagers texting while driving that some how ignored a red light. Today I was conferencing a case where the driver of a motorcycle was apparently using his cell phone when he some how didn’t see the stopped car at a traffic light and slammed into the car at 50 mph.  Tragically, he was not wearing a helmet and is believed to have died in this motorcycle accident. I still can’t believe the driver had his cell phone out while going 50 mph. I take my cell phone while I am riding my bicycle, but the only time I am on it is when I am off my bike and on the side of the road in a safe place.

            Many states have already banned the use of cell phones in motor vehicles in some form or another. Now Australia looks to be jumping on the band wagon in banning all cell phone use in cars, including hands free devices. As a parent I do not allow my daughter to use a cell phone while driving unless a blue tooth is in use. 

We need to pay attention to the pleas of Jennifer Smith, whose mother was killed by a cell phone user. Everyone should listen to David Teater, whose son was killed by a cell phone user. Let’s pay attention to what has happened to these accident victims.

One study links cell phone use as a factor in 6% of all motor vehicle accidents. According to this estimate cell phones result in 2,600 deaths each year. All because we couldn’t wait to text or make a call. This is senseless. It’s not just cell phones, but they are in my opinion the most dangerous. Americans are distracted by the radio or CD, the cup of coffee, polishing nails or putting on make up, or even reading the paper. The time has come to limit the use of cell phones while driving a car in Kentucky. We should follow the lead and help prevent any further needless deaths by cell phone.

Bus drivers, train conductors and street car operators are now banned from even carrying a cell phone while they are working and operating the mass transportation vehicle in the state of Massachusetts. This ban went into affect last Wednesday and is reported to be the toughest restrictions put into place by a mass transit agency. Penalties are a 30 day suspension with a recommendation of dismissal for anyone caught talking on a cell phone or texting. I t is a 10 day suspension if you are caught with a cell phone while at work. These rules are response to a trolley accident in a tunnel where 49 people were injured. One of the drivers was texting his girl friend at the time of the accident.

            Any distraction that occupies you while you are supposed to be driving is dangerous. Texting and driving is just plain stupid. I was with friend last year who was so attached to his phone that he was responding to e-mails while speeding down the interstate. Luckily there have been no injuries as a result of his actions.

            Has Massachusetts gone too far in totally banning cell phone use for mass transportation drivers? I think not. It should have been enacted sooner in every state. I think you will see this as a national trend and more and more states will impose similar bands and penalties, and rightfully so. These companies are held to a higher standard and are responsible for the actions of their employees. It can cost them millions of dollars if an accident is caused by a driver while texting, There may even be punitive damages awarded if they don’t take action to prevent this activity.

Unfortunately common sense has left our society when it comes to cell phone use. Whether it is texting and driving, talking on the phone while you are ordering food or letting the phone ring and sometimes even answering it in church we can not stand to be away from our cell phones and disconnected from the world. I applaud Massachusetts efforts. It is a shame that it took a horrible accident to make them enact the procedure. I hope that Kentucky and other states will follow their lead and enact similar rules in the very near future. It will prevent auto and bus accidents and save lives.