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.