May 17 2012

Distracted Driving: Who’s to Blame for Accidents?

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Is there really a distracted driving crisis?  Is distracted driving a major cause of car accidents? Who should have to solve it-the auto or cell phone industry?  Today’s generation of drivers are so attached to their cell phones and in-car technology.  Car and phone makers are working together to reduce distractions by better linking mobile devices with cars.  Some safety advocates and federal officials say that this is also risky and doose not solve the problem.  Transportation Secretary Ray LaHood has made distracted driving his key priority since 2009.  Last December, the National Transportation Safety Board called on states to ban both handheld and hands-free cell phone use while driving.

There are still questions as to whether cell phones and other visual and cognitive distractions play a large role in car accidents because police reports are unreliable in this area.  Cell phones were a factor in about 13% of fatal crashes last year, NHTSA says.  In February, the agency proposed guidelines that would first deal with potential distractions from navigation systems and other in-car technology.  IIHS spokesman Russ Rader stated, “Distracted driving is a problem, but it isn’t new, and the data don’t show that it has gotten worse during the rise of cellphones and the use of other electronics by drivers.  While all the studies clearly show cellphone use is a distraction, the use of phones by drivers hasn’t resulted in an epidemic of crashes.”  Automatic braking and lane-departure warning are some examples that help prevent crashes no matter what distracts a driver.  The institute pointed this out to focus more on.

Peter Kissinger, CEO of AAA’s safety foundation, says both the auto and cell phone industries need to do more on the issue of distraction.  NHTSA focus is on the safety of the integration of communication technologies.  But Kissinger disagrees with this.  He believes that mobile device suppliers are the missing player since many of the devices are being implemented in cars.  Cars have small screens, tiny keys, fonts and touch-screen and are clearly less suited for use while driving.

With all these issues discussed by different institutes each having different sides, others may be blinded and confused.  But as a Kentucky personal injury attorney, I still go with the NTSB’s recommendation to ban all phone use in cars.  Isn’t one less Kentucky car accident enough to implement such a band?  Do we have to have an office on wheels?  Is one fatal car accident and one life saved enough for us to wait for that call?

April 23 2012

Do Hands-free Devices Cause Car Accidents?

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The use of cell phones while driving has become a serious public health problem. There have been reported cases of victims being injured and even dying due to distracted driving. Many states have passed laws making it illegal to use handheld cellular phone while driving. In Kentucky, the use of personal handheld electronics is banned for drivers under the age of 18. All state laws allow the use of hands-free cell phone.

Hands-free device are often viewed as a solution to the risks of driver distraction since they minimize the two obvious risks of looking away from the road and removing hands from the steering wheel. On the other hand, cognitive distraction or taking your mind off the road may also occur talking with hands-free device while driving. Hands-free devices do not eliminate cognitive distraction. The National Safety Council reported that drivers using any type of communication device, hands-free or not, have a tendency to “look at” but not “see” an object, and fail to notice 50 percent of their environment. This is an alarming statistic. Distracted drivers mostly experience inattention blindness and one in danger of not being able to execute a safe response to avoid a car crash. Many studies have shown that talking on hands-free devices delays response and reaction time.

Many of us are now using our cars as an extension of our office. It is a big challenge to quit using cell phones, whether handheld or with a hands-free devices while driving. Can you stop? Can we stop as a society? Your life may depend on it. As we increase the awareness about the risks of hands-free devices and cognitive distraction more of us will get the message. Be a part of reducing car crashes, injuries and death by being a disciplined and responsible driver.

April 13 2012

Woman Texting While Driving With A Dog On Her Lap

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The Governor’s Highway Safety Program, the National Highway Traffic Safety Administration and the National Safety Council have joined forces this month of April for National Distracted Driving Awareness Month. The purpose is to urge drivers to avoid distractions while driving.  Drivers using handheld or hands-free cell phones or texting while driving are the leading distraction for crashes which is 28 percent of all accidents or 1.6 million crashes each year estimated by the National Safety Council.

The head of the Vermont Governor’s Highway Safety Program cited a new case of distracted driving in Vermont that involved a woman texting while driving with her dog sitting on her lap as an example of a continuing problem across the nation.  The woman who has been summoned into court on allegations of driving with a suspended license, cell phone in one hand and her dog sitting on her lap is Sarah Gibson, 22, of St. Johnsbury.  According to St. Johnsbury police, Sgt Eric Hazard spotted Gibson texting while driving her 2001 truck when they were supervising traffic Tuesday on Memorial Drive.  She was issued a $ 156 traffic ticket – with two points against her license – on the texting allegation and also was ordered into criminal court May 21 to face the charge of driving with a suspended license.

Detective Sgt. Jennifer McGarvin said that Gibson asserted she was not texting, merely checking the time on her cell phone, which was being held above the steering wheel when spotted by the police.  Is this any better?  Her eyes were still not in the road.  Gibson received a written warning for having the dog in her lap, and also for failing to carry her vehicle registration and proof of liability insurance in the truck.

Many states have passed laws that ban texting while driving and Vermont is among the 36 states.  Vermont law prohibits drivers from having anything between them and the steering wheel.

Why do we still have cases like this?  Are the laws not enough? Are citizens too busy ignoring rules and laws because of virtually no penalties?  Does the threat of $100.00 fine make you think twice about texting while driving?  That is the maximum penalty in Kentucky.  I don’t believe the penalty represents the potential danger and consequences of a serious injury car accident.

April 02 2012

If you Can’t Walk and Text, How Can you Drive and Text?

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Distracted driving, texting while driving: We have all heard the terms.  Is it really that dangerous? Should we be worried? Teens do this every day, shouldn’t they be good at it? The road can be dangerous anytime one encounters a distracted driver.

Here’s a video I came across that really shows how dangerous texting while driving is “Not everyone should text and walk. No one should text and drive.” Ouch! Bad things happen if a driver isn’t looking at the road. According to the Centers of Disease Control and Prevention, motor vehicle crashes are the leading cause of death among U.S. teens. The majority of these crashes are caused by inexperience or distractions. More than 5,000 teens (ages 16-20) are killed in passenger vehicle crashes each year. Wouldn’t it be nice if we could prevent these needless deaths?

With the immense popularity of mobile devices, teens and adults are generally hooked to texting and talking over mobile phones even while doing other activities. The use of a cell phone while driving slows down the reaction time of the driver and it can be the same as that of a 70-year old. The American Automobile Association reports that nearly 50 percent of teens admit to texting while driving. This act can be a disastrous.

The challenge still continues on making people, specifically teens, really understand the dangers caused by using a cell phone behind the wheel. There are many movements that help educate people on safe driving. Each of us can play an important role to minimize motor vehicle crashes. Parents should set as an example of having a good driving behavior. Keep in mind that safety matters and it is wrong to text and drive. Forward this video to all the teens you know. Maybe it will make a difference and prevent a fatal car accident.

March 28 2012

Recognizing a Distracted Driver

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Cell phones, blue tooths and even T.V. sets are in almost every car on the road, these are all forms of distracted driving.  Cell phone manufacturers and auto manufacturers have developed devices that may help alleviate the problem of driving distraction. The issue is safety on the road. Distracted driving is a dangerous behavior that has caused and will cause more serious car accidents. Most people ignore the distraction while driving despite the known risk.  It is too late when they have a car accident.

A driver talking to a passenger is distracted.  When a driver is driving while using a cell phone, his vision and reaction time are compromised by the brain’s mental images of who he is talking to. He is cognitively distracted.

A University study, cited by David Teater, Senior Director of Transportation Strategic Initiatives for the National Safety Council states that by using magnetic resonance imagery (MRI), as much as 37 percent of the brain’s resources can be diverted from driving while conversing on a phone.

A single source can turn off a driver’s mental images and can let him turn his head and mind to the sound. One solution could be the use of a magnetic resonance device installed in cars that would measure brain activity. A driver would be warned once a distraction occurs. If the warning is ignored, the conversation would be terminated. In other words the call would disconnected.

Another suggestion is to require hands-free users to install devices that indicate their cellphone is engaged to other drivers on the road. These devices include several small, flashing, yellow warning lights that are visible from all sides. Law enforcement can act if the phone user is driving in a distracted manner. In this way, the people around can be warned to be cautious in the presence of these distracted drivers. This would also make it easier for police to enforce those no texting laws.

The release of new devices and gadgets will keep coming. As a personal injury attorney, I am not sure any of these are the real answer.  A total ban may be the only solution. Is this idea to close to Hal from 2001:A space odyssey? Are we that personally unresponsible as a society that we need this technology to restrict our use of cell phones and other gadgets while behind the wheel?

March 26 2012

Is Texting While Driving More Dangerous Than Drinking And Driving?

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We all know the dangers of texting while driving.  We have been made aware of how dangerous driving under the influence of drugs or alcohol is by organizations like MADD. Both activities can have the same catastrophic consequences that can lead to death or serious injury.  Did you know that distracted driving is now the leading cause of death among American Teens?  Alcohol-related accidents and deaths among teens has actually decreased. It’s hard to believe until you really think about it.

I will hazard a guess that almost everyone has used their cell phones while behind the wheel of a car. We see other drivers talking and texting while driving, using headsets, and hand-held or hands-free devices. Try counting the number on your way into work tomorrow; I think the number will surprise you.

The average time your eyes are off the road while texting is five seconds. Anything can happen within this time and often does. A child runs after a ball in the road. The car in front of you slams on their brakes. You get the picture. The University of Utah conducted a study in 2009 that found the use of a cell phone while driving delays a driver’s reaction time the same as having a blood alcohol concentration at the Kentucky legal limit of .08 percent! Researchers at the Center for Cognitive Brain Imaging at Carnegie Mellon University detected that concentration and focus on driving decrease by 40 percent when a driver is distracted. With so many people using cell phones, we can say that it becomes more dangerous than driving under the influence.

The battle against distracted driving and driving under the influence is a never ending war. Yes a war because death is inevitable when people engage in these activities. How do we stop it? Awareness campaigns are one avenue. Stringent enforcement of cell phone laws is another. Unfortunately, these laws need more teeth to make people refrain from using cell phones while driving. Increasing fines and suspending or revoking license or jail time may do the trick. Unfortunately, there is no quick answer because we will have to change the way society views cell phone use behind the wheel. Are we too late with the 25 and under crowd? It seems to be a part of their life. Cell phones seem to be permanent attachments.  All of the above will be needed to turn the tide and save lives.

February 16 2012

Do High-Tech Gadgets In Cars Cause Accidents?

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The Chicago Automobile Trade Association (CATA) launches The 2012 Chicago Auto Show which started February 10 and will go through February 19. Vehicle manufacturers displayed their latest and high-technology vehicle creation at this show.

During the show, GMC unveiled the new 2013 GMC Acadia crossover vehicle. It has all the latest technologies. It delivers higher level of technology with its new Color Touch radio with IntelliLink, touch-activated controls and color-touch navigation. The IntelliLink adds voice control and seamless smartphone integration. A GMC engineer explained that once you plug your smartphone in, Acadia’s computer system will “read incoming texts to you…so you don’t have to take your eyes off the road.” However, Joel Cooper, a University of Utah psychologist and research assistant professor specializing in distracted driving said that, “it doesn’t look good” and that “Cognitive distraction is not trivial”. This news sounds good for some who uses cell phones while driving and those who want to make their life easier. But does this invention really ensure safety?  The real question is will the distraction take our eyes off the road and cause serious car accidents?

We all that that studies have shown that hands-free devices are as dangerous as hand-held devices and it causes distraction if you are behind the wheel. Just the fact of having a conversation has been shown to distract a driver’s attention from the road. Driving with the use of hands-free devices can still cause the brain to multitask and is cognitively distracted. The use of a cell phone and even the use of hand-held or hands-free devices by drivers are banned in some States.

It has been a challenge to get people to understanding about the risks of talking on hands-free or handheld cell phones while driving. New technologies and inventions may be cool and make our lives easier in the fast lane. It allows is to conduct business during commutes as a Kentucky Personal Injury attorney I wonder whether it is worth the risk if there is even the slightest chance that this distraction would cause a serious injury car accident.  What do you think?

January 11 2012

Blindfolded in a Techie World

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“Techie World” may be the best description for the modern world. There seems to be something new every day.  We all have gadgets.  I bet that we all received one this Holiday season.  Cell phones are not just for making phone calls.  There are games, apps and GPS.  This makes it harder to avoid using a cell phone behind the wheel of a car.

We all know the dangers associated with texting while driving as well as other distracted driving behaviors. Different awareness programs and media campaigns have been organized to inform the nation’s drivers of the hazards associated with using the phone behind the wheel.  I am not sure anyone is paying attention to these! It has been estimated by the National Safety Council that talking on the phone causes 1.2 million crashes a year and texting another 100,000.  If we all know the danger, why do we still have this high number of crashes every year?  Many states have already enacted anti-texting while driving law hoping to make the roads safer for drivers.  The issue maybe how to regulate the laws because they are difficult to enforce.

Nearly 6 in 10 motorists admit to driving and talking on a cell phone, and 37 percent acknowledged to texting while behind the wheel of a car, according in a recent Harris Interactive Healthy Day poll.   This is alarming!  Drivers know the dangers of texting while driving but, still think they’re capable of doing it.  It can never happen to me!  This is the wrong attitude.  The use of phones behind the wheel of a motor vehicle is a major threat to traffic safety!  Not only for those committing the act, but also for drivers sharing the road.  Let’s wake up and save lives.  Dnt txt n drv!

December 22 2011

Should Truck Drivers Be Allowed To Use Cell Phones?

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Over 500,000 Large Truck and Commercial Vehicles were involved in accidents in the United States in 2010. Over 100,000 people sustained serious injuries in those accidents. Tragically over 5000 people died in these accidents according to the Insurance Institute for Highway Safety. Semi trucks referred to as “80,000-pound unguided missiles” by Transportation Secretary Ray LaHood, present a significant danger to all drivers and passengers on highways and roads in America. These risks are greater when truck drivers involve themselves in distracted driving or drowsy driving.

There have been many reported accidents caused by a distracted truck driver. One tragic incident happened in 2010 in Hart County, Kentucky.  The use of a cell phone brought about tragedy for a family and friends in a van. The National Transportation Safety Board (NSTB) during the investigation of the fatal accident found out that the truck driver had used his cell phone 69 times in the 24-hour period before the accident. This includes one phone call at the time of the accident. NTSB concluded that a distraction caused by using a cell phone led to the fatal accident.

The NTSB recommended that cell phone use, including talking on both hand-held and hands-free technologies, be banned for commercial drivers excluding emergency situations. Since the NTSB do not have the power to implement the ban, its recommendation could be a spring board for federal rule-making agencies and state legislators to act.

Authorities are also trying to make sure that truck drivers get enough rest so they won’t be fatigued while at work. The Federal Motor Carrier Safety Administration (FMCSA) is in the final stage of changing the rules about hours-of-service regulations. At present, drivers have an allowable 11 driving hours in a day, changing this rule would limit drive time to 10 hours per day. The proposed rules mandate that drivers take at least 1 hour of break time during the day. Proposed modifications would also require drivers to include two overnight periods before their workweek would restart.

As a personal injury attorney, accidents involving semi trucks are often tragic and result in death, expensive medical bills or long-term rehabilitation. Both of these changes will defiantly save lives.

December 01 2011

Distracted Driving Is Like Driving Blind

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Do you remember the ZZ Top song “Arrested While Driving While Blind”? It referred to driving while so drunk that you couldn’t see.  Today’s version might include a verse about texting and driving and how it makes you blind to the road. Controlling a motor vehicle requires 100% of one’s attention at ALL times! If you do anything that draws your attention away from driving it puts you and others at risk of death. Distracted driving remains a problem on Kentucky roads even though we know its risks and dangers. According to car safety experts, 40% of car accidents are caused by distracted driving. I know this is hard to believe, but distracted driving is more dangerous than drunk driving.

The most common distraction for drivers is the use of cell phones while behind the wheel.  In Kentucky, 192 collisions were reported in 2010 due to use of cell phones for talking or texting while driving. Despite the implementation of a texting ban in Kentucky and other States nationwide, there are still people using their cell phones and there are still reported cases of car accidents caused by texting while driving.

The Study made by the Center for Cognitive Brain Imaging at Carnegie Mellon University found out that brain power used while driving decreases by 40% when a driver listens to conversation or music. Driving while doing other things is just like driving blind. Watch this video produced by Cindy Speaker and you can really see the danger that distracted driving can cause you and the people around you.

As a personal injury attorney, it troubles me to see reports of victims, especially teens, involved in car crashes caused by distracted driving. Do people not realize that once they move attention away from driving, they are putting their own lives and the lives of innocent people at a huge danger? Texting can wait or unimportant text messages can ruin lives. A call and a text can wait until you have reached your destination. Don’t cause a serious car accident by Driving While Blind.