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?

How many times has a dog with its’ head hanging out the window caught your eye?

A lot of people take their dog to the grocery store or on vacation. Is traveling with your dog dangerous? How can drivers ensure the safety of their dog and themselves while driving?

We commonly see cars with pets in the backseat, some are even on driver’s lap or passenger’s lap. Dogs ride with heads out the window or roaming freely inside the vehicle. The Director of Professional and Public Affairs at the American Veterinary Medical Association in Schaumburg, Illinois, Dr. Kimberly May, who has been a veterinarian since 1994, said that it is a big mistake to let pets roam freely in cars.

A crash can cause injury to the driver and his passenger. We wear seat belts for a reason. Unrestrained drivers and passengers are more likely to be injured in a car accident. What about an unrestrained dog? Dogs may suffer broken legs, broken ribs, eye injuries or be thrown out of the vehicle if there is a car accident. A dog on a driver’s lap may also distract the driver causing a serious car accident.

In order to be certain of your dog’s safety inside the car, here are some helpful tips:

1. The best way to restrain dogs is by using a good harness and a seatbelt – it is important to choose a good-quality and properly fitted harness.
2. Do not let dog’s head out of the window – once a restraint has been applied make sure that their heads are not hang out the window, since this would put them at greater risk of injury to their face.
3. Do not transport dogs in open truck beds – Dogs must be restrained in order not to be protected from serious injuries in case of a crash.
4. Do not leave dogs inside the vehicle unattended – it can be harmful and deadly to the dogs during warm weather.

Having a dog in the car can be fun but also dangerous. Remember to take the proper precautions to secure your dog. Make sure that the dog’s movement in tha car doesn’t make you a distracted driver. Ensuring the safety of dogs while riding will save the life of the dog and the people riding the vehicle.

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.

As parents, our number one priority is our kids. I have two daughters and am probably over protective. We set a lot of limitations, precautions and care for them. It is hard to trust others with our kids, maybe even with our own parents (their grandparents!).

Guess what? Maybe we are wrong. There’s a new study which shows that children are less likely to be injured if grandparents are driving as compared to the parents. That is your kids are more likely to be involved in a car accident when they are with you. I find this unbelievable!

The study was based on data from nearly 12, 000 children from 15 U.S. states between 2003 and 2007 injured in car crashes involving children younger than 16. This study was published in the journal Pediatrics. Dr. Fred M. Henretig, an emergency medicine physician at the Children’s Hospital of Philadelphia, is the lead researcher on the study. 0.7 percent of children were injured in the crash when grandparents were driving compared to 1 percent when parents were the one driving.

Older drivers are just not as safe. That is the general consensus. We think that grandparents driving is worse because they used old cars and they lack knowledge in new technologies.

There are factors that Dr. Henretig cited as reasons for the lower injury risk of children when with their grandparents.

* Grandparents drive at a lower speed
* Grandparents do not following the car in front of them quite as closely,
* Grandparents think that grandchildren are special cargo,
* Grandparents are less distracted than busy working parents tend to be.
* Grandparents focus on their driving and refrain from distractions like using cell phones, fiddling with the radio, eating while driving or thinking about their work.

The bottom line is that the risk of being injured in a Kentucky car accident goes down when we care about what we are doing and are not distracted. Focus on driving and your risk of being injured in a car accident will likely decrease.

Automobile fatalities rate increase each year, especially among young drivers in Kentucky. As a parent of a 17 and 22 year old daughters this concerns me. I have seen many gadgets and programs that are available to educate or prevent serious injury and fatal accidents among student drivers. Parents and teenagers should take a look at this newly launched smartphone application by WirelessESP that keeps young drivers, or anyone for that matter that is addicted to texting while driving, safe on the road called the “Speedbump”.
Speedbump is a GPS vehicle tracking device invented by a teen named Jon Fischer and ensures teen driving safety which respects their privacy and independence. It’s the world’s first mobile application that allows parents and teen drivers to talk and encourage safe driving habits. The application can be used to set and detect realistic speed limits on any type of road whether it is residential, secondary or highways. It monitors and issues instant alert to parents not only when the teen is driving but also when they are a passenger in an unsafe driving situation.
Another positive factor of this application is that it protects teen privacy. This can be huge when trying to convince your children that this is a good and valuable resource. Speedbump only sends reports when there is a violation of the speeding, distracted driving or curfew rules that have been agreed upon. So, if your teen is driving safely, Speedbump never reports their location.
Speedbump is available for Android phones and will be offered for other platforms in the future. The application can be downloaded from the company’s website (www.speedbumpGPS.com) with price starting at just $9.99 per month.

For Kentucky parents who worry with their teen driving or even just riding a car, Speedbump is a valuable solution. It will help erase your worries and give you peace of mind. Most importantly it will help you monitor and ensure that your young drivers are obeying the rules you have in place while they are driving or riding in a car. Act now and encourage safer driving! As a personal injury attorney I hope this device may help make your children safer drivers, give you peace of mind as a parent and a help to prevent a serious car accident.

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.

We all mourned the tragic truck accident in Hart County that was among the nations deadliest in the last 20 years.  The investigation is showing the cause of this accident is due to distracted driving by the truck driver. Kentucky has enacted a law that prohibits texting while driving. This activity would now be a ticketed fine in Kentucky.  Is this really a sufficient deterrent? Should we go as far as Utah and make this an offense that would be considered a murder or manslaughter?  I believe this is something that should be considered.  What is the best way to prevent distracted driving and driver fatigue?

Kentucky drivers and trucks do not get along.  Almost nine percent of the fatal crashes that occurred in 2008 involved trucks.  These figures are consistent with nationwide statistics. This is of even greater concern when you consider that only about 4.6 percent of state’s registered vehicles are trucks.  This disparity in the number of fatal accidents caused by trucks as opposed to smaller vehicles is attributed to the difference in size and weight between large trucks and cars. This is according to the Insurance Institute for Highway Safety. 

Not everyone believes that trucks are more dangerous.  The American Trucking Association contends that trucks don’t cause a disportionate share of the fatal accidents when you take into account the hours and miles that a truck driver will spend on the road in any given day or week.  It is contended that the safety record for trucks is better now than it has ever been.         

I feel safe in saying that the March 26 accident in Hart County will lead to changes in Kentucky’s laws and how they affect trucks.  When a company is fined or has a history of violations, I believe Kentucky needs to be more stringent in its penalties in allowing these trucks on our roads.  We all know these vehicles are more dangerous.  We just have to figure out a better way to monitor them. 

In that vein, a new federal regulation was implemented last month. This regulation requires trucking companies that repeatedly violate driver time limits to install electronic recorders in their trucks. These recorders will keep track of how long a driver spends behind the wheel of a tractor-trailer.  This should be an important tool in preventing trucking companies from manipulating the system and forcing their drivers to log longer hours than they should. 

Interestingly, these monitors are not required for all trucking companies, but only those flagged during on site compliance reviews.  Those flagged are a very small percentage of the trucking companies in the United States.  Should these monitors prove to be effective maybe they will eventually be required on all trucks. 

In hindsight, Hester, the owner of the truck involved in the Hart County accident, had numerous violations. These violations were not found as part of an on site review. Consequently, the new regulation would not have required Hester to place these devices in their trucks. 

Another recent change requires some truck drivers to use electronic on board recorders to replace their paper log books, which were easily forged.  Under the new rule, a carrier must use the device if a compliance review finds that they have violated hours of service rules more than ten percent of the time.  What amazes me is that it is projected that 5,700 interstate carriers will have to use the device after the first year.  This tells me that forging time logs runs rampant and it is a major cause of driver fatigue and fatal automobile accidents that occur.

I hope these rules will make it harder for trucking companies to violate the time requirements for their drivers behind the wheel.  This in turn will keep driver fatigue to a minimum, prevent truck accidents and help keep our Kentucky roads safe.

            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.

Texting while driving is a national concern.  The problem is extensive. You see it on interstates, rural roads and subdivisions. We see it every day on our Kentucky roads. Texting while driving has been termed an epidemic. It has been compared to drunk driving, and is perhaps more dangerous.   

A new group, called FocusDriven has developed a program that is patterned after the Mothers Against Drunk Driving.  This program grew out of the Summit on Distracted Driving which was held last year in Washington, D.C. The Summit was sponsored by the U.S. Department of Transportation.  FocusDriven is urging people to break the habit of texting while driving.  They have indicated that texting is similar to any other addictive behavior.  People have become addicted to their cell phones.   

I hope that FocusDriven is as successful as MADD has been in pressuring legislatures and spear heading changes in laws against drunk drivers that cause fatal automobile accidents.  

Safe driving is something that we all should be concerned with.  Distracted driving is not safe driving.  Initially FocusDriven will be operated as an army of people traveling the country helping to convince people to put their cell phones away while they are behind the wheel of a car. The group is led by Jennifer Smith whose mother was killed by a driver who was talking on a cell phone in 2008.   

There are numbers and statistics to support the statement that distracted driving has become a national epidemic.  In 2008, 5,870 people lost their lives in crashes reported to police in which at least one form of driver distraction was listed on the police report as a cause of the accident.  An additional 515,000 people were injured in these accidents.  Distracted driving, as listed on a police accident report, is not just texting while driving.  It  also includes other forms of distraction such as: 

·        cell phone use;

·        eating;

·        drinking;

·        talking with passengers;

·        using in vehicle technology;

·        the use of peripheral electronic devices. 

            The percentage of those distracted and listed on accident reports has increased since 2004 by 3 percent.  My guess is that this number has gone up since the last statistics were reported.   

            Believe it or not the less than 20 age group has the highest proportion of distracted driving.  I say this tongue in cheek. It is obviously no surprise. This group encompasses 16 percent of the accidents caused by distracted driving.  I know this statistic is not surprising but there is good news.  The percentage drops to 12 percent for the ages 20 through 29.   

Statistics show that a driver that uses a handheld device is four times more likely to get in a crash.  We just need to put the cell phones down.  It is the hope that FocusDriven will be a valuable resource for those who have lost loved ones as a result of an accident involving texting while driving and other distracted driving.  They will also focus on prevention much as the Mothers Against Drunk Drivers have. 

            Additionally the Department of Transportation has put an emphasis on putting an end to distracted driving.  It is a top priority for them.  They have launched a federal web site.  This web site has information on distracted driving.  Use these resources to educate yourself. If you text while driving get information that will help you stop. If you know someone who has a problem, give them this information. It could save a life.

            We have made it 2010.  How many people have made their New Year’s resolutions?  I have a suggestion every Kentuckian should resolve to be a safer driver. We must attempt to make our Kentucky roads safer.  How can we avoid serious automobile accidents?  How can we avoid striking a pedestrian or a bicycle? How can we be more careful and avoid motorcycle accidents?  The answer is obviously yes.  In getting 2010 off to a good start I decided to give you my top ten ways to be a safe driver.  Here we go.

            10.       Pay attention to what is going on around you. 

            9.         Expect the unexpected.  You never know when you’re going to have to react.  I’ve been trying to teach this lesson to my daughter as she learns to drive.  I’ll let her tell you some of the stories at a later time. 

            8.         Don’t tailgate. 

            7.         As a bicyclists you must obey the rules of the road.  Don’t ride on the sidewalks.  Make sure that you are aware of what the cars are doing.  Remember cars can’t see you as well as you see them. Drivers of cars need to watch out for bikes too. Remember that bikes have the same rights as cars. 

            6.         Motorcycles don’t needlessly speed and be aware of what cars are doing. When I ski I need to watch out for other skiers as well as snowboarders, who go down a hill differently then a skier. I have to be aware of this and respect the differences to avoid an accident. A driver of a car needs to have the same respect for other vehicles that are on the road. 

            5.         Avoid road rage.  A calm driver is a safe driver. 

            4.         Be courteous.  This goes along with No. 5. Let another car into traffic.  Don’t cut them off.  It won’t kill you. This goes a long way toward helping to control a driver’s temper and traffic running smoothly.  Remember everyone is trying to get somewhere in a hurry and where they are getting is just as important as where you are going. 

            3.         Remember a yellow light means to stop, not speed up and try to get through the intersection.  If you can stop safely you should.  A yellow light only means that you should clear the intersection if you are in it. If you speed up at a yellow light sooner or later you will cause an accident. 

            2.         Make sure your car is in safe working order.  Make sure the tires, brakes, etc. are all working properly. Have your mechanic check your car out. It is a lot cheaper than being in an accident. 

            1.         Drumbeat please – don’t be a distracted driver.  Get off your cell phone.  Don’t text.  Don’t  look up phone numbers.  Don’t put on your makeup.  Distracted Driving is the No. 1 cause of accidents in America today overtaking drunk driving (which you obviously shouldn’t do either, so we will make it 1A). I actually saw a young girl try to text and drive on the snowy roads last night on the way home. She probably ended up in a ditch some where.

            I’m sure I could easily have a top 25 list of ways to avoid automobile accidents. I hope this gets your mind thinking on how you can avoid automobile accidents and be a safer driver on our Kentucky roads.  Nobody is a winner if there is an accident.  Let’s keep them to a minimum this year.