“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!

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.

Texting Ban Laws have been implemented in many States in an effort to eliminate the use of cell phone while driving and cut down on serious automobile accidents. Distracted driving has become the leading cause of auto accidents among teens. Each state uses different methods of enforcement of their law.  There are even additional regulations in some local jurisdictions. The use of hand held devices while driving are prohibited by all drivers in 9 states, the District of Columbia and the Virgin Islands. 30 states and the District of Columbia restrict novice drivers from using cell phones.  The use of a cell phone while driving a school bus is prohibited in 19 states and the District of Columbia.

Recently, the National Safety Council congratulated the Pennsylvania General Assembly for the passage of Senate Bill 314 which makes sending text message while driving a violation for all drivers. Pennsylvania has become the 35^th State to outlaw text messaging while behind the wheel for all drivers. The law will take effect 120 days after it is signed. It has been estimated by NSC that because of S.B. 314, at least 12 lives will be saved each year and about 1,200 injuries requiring medical attention will be prevented in Pennsylvania. The Pennsylvania enforcement provision is key which permits police to pull over a driver for the violation alone. The fine will be $50.  Many states make texting while driving a secondary offense, which means their police can not pull the offender over unless there is another violation associated with it.

In an annual meeting in South Carolina, Horry Country Councilman urged legislators to pass a ban on texting and other cell phone use while driving in South Carolina. Some meeting participants support the idea while others did not. According to the legislators, such bill has been introduced but has not gone anywhere.

In Kentucky, about 150 tickets have been written in the first six months of active enforcement of distracted driving law. The texting ban by all drivers was implemented in July 2010 and police began writing tickets in January 2011. The law also bans use of all personal communications devices by drivers under 18. Distracted driving citations are $25 for first offense and then $50 plus court costs.

As a Kentucky Accident Attorney, I believe that more lives will be saved with the enforcement of texting ban, the campaign to stop distracted driving and increasing awareness of distracted driving.  It must start with allowing police to enforce the law.  To do this we must ban all cell phone use behind the wheel unless it is totally hands free.  This would allow police to pull over offenders and write tickets to anyone who is using a cell phone while driving.  A texting violation can be defended by simply stating “I was making a phone call”.  Texting bans are a start but we need to go further and ban all non hands free use of a cell phone while driving a car.

Distracted driving is the number one killer of American Teens as reported by the National Highway Traffic Safety Administration. It has been reported that 16% of all drivers under the age of 20 that were involved in a fatal accident have been distracted while driving. Texting while driving is dangerous and deadly but teens, who are more prone to use cell phones while driving are at the highest risk, ignore this. Several states have passed statutes to ban the use of cell phones while driving. Pennsylvania is getting ready to join the more than 30 other states that ban all motorists from texting while driving.

A nationwide public service advertising campaign has been launched that hopes to reduce the number of deaths from distracted driving by educating young adult drivers about the dangers of texting while driving. The campaign is sponsored by state Attorney Generals and Consumer Protection agencies, the National Highway Traffic Safety Administration (NHTSA) and the Ad Council. The campaign is reaching out to drivers through TV, radio, outdoor and digital public service announcements as well as Social media sites such as Facebook, Twitter and YouTube.

Connecticut and Tennessee are participating in the campaign to increase the awareness of teens of the law and the dangers of texting and driving. Attorney General George Jepsen of Connecticut said, “Laws prohibiting texting while driving are not enough. We need to change the culture, starting with the age group most proficient with new technology. They have the power to save lives by focusing on the road and not their cell phones while driving. Stop the texts to stop the wrecks.” Moreover, Attorney General Bob Cooper said, “Imagine closing your eyes while driving for the amount of time it takes to read a text message. Reading a text message is no less dangerous than any other diversion that takes your eyes off the road, and it can carry deadly consequences.”

The new public service ads show teens and adults that when you text and drive, you are not multitasking, but essentially driving blind. All of the ads direct audiences to a new campaign website where teens and young adults can find facts about the impact of texting while driving and tips to control the behavior.

As a personal attorney, I strongly support this new public service campaign. Texting while driving kills and changes lives in the process.  Statistically distracted driving is more dangerous thn drunk driving. This epidemic must be stopped. Our battle cry should be STOP THE TEXT TO STOP THE WRECKS.

This October Apple introduced its latest iPhone 4S that made a lot of people excited and craving to have one. This amazing iPhone comes with a voice-activated software program called “Siri”. It is like having a virtual assistant that helps you make calls, send messages, read incoming text aloud and set reminders.

The New York Times’ David Pogue declared that it is “Big News for Drivers”. The question I have is, as a personal injury attorney, does the use of Siri violate a states texting while driving law? Many states have ban texting while driving, including in Kentucky. Some states disallow the use of hands-free device and voice-activated technologies. Siri could write text messages for drivers but the need to check for misspelled words or the meaning of the message upon transcription can make a driver look at the phone. As more drivers begin utilizing this technology, state lawmakers will have to make a decision as whether Siri is safe to use on the road.  As of now, it will be up to the Courts to interpret the state statute to determine of the use of voice technology constitutes texting while driving.

According to research, cognitive distraction is experienced by drivers while talking on a hands-free phone. The brain can switch between two competing activities that leads to “inattention blindness”, a phenomenon that cause a person to “look at” but not “see” objects. However, research done at Virginia Tech University found that drivers using voice-activated hands-free devices have a lower risk of causing a car accident because the driver’s eyes stayed on the road.

Research on texting using voice-recognition technology is ongoing. The Governors Highway Safety Association, an advocacy group for improving traffic safety, is encouraging states to tackle known risks, such as manual texting while driving, and to ban cell phone use for novice drivers. Safety solutions are also recommended, such as educating the public about distracted driving and its risk and enforcing existing distracted driving laws.

With the sprout of high standard technologies such as iPhone’s Siri, Kentucky’s Court and Legislature will have to tackle the meaning of distracted driving and what it will include.  I believe all texting and driving should be banned.  What do you think will best prevent serious car accident?

During the 1990s, cell phones became widely available in the United States and since then their use has increased. Everyone has a cell phone. We now have smart phones and apps. They act like iPods. There is no telling what will be next. They seem to be attached to teens. There have been concerns have been over the risk of cancer from emitted radio-frequency (RF) waves.

The big question we have all heard is “Do cell phones increase the risk of brain tumors?” There have been several studies over the years to answer this question.

A new study throws doubts on the relation between cell phones and brain cancer. A Danish study of 358,403 people found the same cancer risks between people who had used a cell phone for about a decade and those who did not. The study concludes that It is not probable to get a tumor in the part of the brain closest to where phones are commonly held against the head. The radiation produced by cellular phones cannot instantly damage DNA and is not similar to stronger types of radiation like ultraviolet lights or X-rays. Radio Frequency waves from cell phones can heat up body tissues but are not thought to destroy human cells.

The results of the study may ease our minds over cancer risks from cell phone use but the fact is cell phone use can still be deadly.  As cell phone users are increasing, car accidents involving distracted driving are also increasing. Fatal accidents that end lives occur just because of the use of cell phones. Texting while driving is the major culprit and has reached the level of an epidemic from my point of view. Cell phones will continue to kill until we quit texting while driving.

As our world turns busier, techie and modern, more cases of distracted driving causing serious car accidents are occurring. Drivers are being distracted from the primary task of driving by using a cell phone, drinking or eating, talking to a passenger, grooming, reading maps, watching a video or even while changing the radio station or their MP3 player.  The Government is attempting to decrease this life-threatening practice. Many States had implemented laws to control cell phone use and texting while driving.

In 2009, there were two proposals at the Distracted Driving Summit that have now been adopted. Those are the banning of commercial bus and truck drivers from texting on the job and restricting train operators from using cell phones and other electronic devices while in the driver’s seat. The new rule is making an effort of prohibiting commercial truck drivers from texting while transporting hazardous materials was announced in 2010.

This September 2011, the National Transportation Safety Board (NTSB) called for the government to do more on the increasingly prevalent danger of distracted driving on roadways. NTSB recommends banning commercial drivers from all non-emergency cell phone use.

Automobile accidents related to distracted driving are increasing. The use of a cell phone and hands-free device can take away the ability of the brain to focus on driving safely. Distraction results in driving errors and accidents that may harm seriously harm others on the road.

A distracted driver who causes a crash will be liable for the damages, medical expenses and even the period of unemployment of the victims.  With the help of an experienced accident attorney, it can be determined if the driver is really distracted at the time of the accident and evidences will be discovered.  This fact may result in punitive damages and a higher personal injury settlement or trial verdict.

AT&T launched a new mobile application called DriveMode that intends to attack the growing problem of people texting while behind the wheel and help prevent serious car accidents.

Last March 2010, AT&T began the campaign   “It Can Wait” that raises awareness about the dangers of texting while driving. In December 2010, the 10-minute documentary entitled, “The Last Text” was launched that featured stories of individuals who were greatly affected by texting and driving. AT&T’s latest effort to increase awareness and lessen car accidents caused by texting and driving, they have created the DriveMode application.

The DriveMode app can be downloaded for free through the AT&T AppCenter and Blackberry App World stores. Officials of AT&T plan on marking the app available for other operating systems like iPhones. After downloading and installing the app, drivers can manually enable the application before getting behind the wheel of this car. Once activated, the app automatically sends a customized reply to incoming texts that advises the sender that the user is still driving and unable to respond. The app also lets users disable e-mails, incoming and outgoing calls and web browsing.  The auto-response is just like an “out-of-office” email alert.

AT&T DriveMode application also has an “Allow List” that grants user to select five contact numbers to send and receive calls while the application is running. The user can later view the list of calls, messages and emails when the DriveMode application is turned off.

The executive director of National Organizations for Youth Safety said that “AT&T’s new mobile application has the potential to prevent injuries and save lives by changing the behavior of a generation”.

This application will prevent accident if it is used. It can lessen the temptation to text and drive and make Kentucky roads safer by preventing car accidents caused by distracted driving.

Do you think you can drive and text or talk on a cell phone at the same time?  A simple question yet crucial to preventing serious injury car accidents.  Motor vehicle crashes are the No.1 cause of death in the United States.  Motor vehicle crashes are among the top three causes of death in a person’s lifetime.  Research has found that talking on a cell phone quadruples your risk of an accident.  When you are text messaging and driving, the crash risk goes up to eight times.  So, do you think your brain just can keep up?  I don’t think so and research is on my side.

Most of us believe that our brain can work the way we’d like it to work.  We have become a society of multi-taskers but we can’t multitask.  It drains our brain.  People often think that they could effectively accomplish two tasks at the same time.  Multitasking is a myth because the human brain does not perform tasks simultaneously.  The brain actually handles tasks sequentially.  It will perform only one task at a time.  When we believe we are multitasking we are really attention switching.  Distracted driving endangers the drivers’ safety and the people on the road around him.  Dialing and texting can take a driver’s eyes from the roadway for five to ten seconds.  Did you know most crashes have less than three seconds reaction time for you to be able to avoid the car accident?  Do I need to do the math for you?

There is also inattention blindness that most distracted drivers experience.  Drivers are looking out the windshield but they do not process everything that is happening on the road in front of them.  Obviously, Kentucky drivers need to effectively monitor the surroundings of the road.  They need to seek and identify potential hazards so the driver can respond to unexpected situations.

Everyone should think first before picking up a cell phone to call or text while driving.  Is it really worth it?

Distracted driving is any non-driving activity a person engages in that has the potential to distract a driver from the primary task of driving that increases the risk of having a car accident.  Evidence shows that cell phone use is one of the most dangerous distractions for drivers and a common cause of car collisions.

According to the National Highway Traffic Safety Administration distracted driving kills approximately 5,500 people annually. Nearly 1 in 4 of these fatal accidents involves cell phone use.  Are you alarmed about this? I know it *%#*& me off!

Thankfully there are organizations, such as FocusDriven, that are active in reminding us that no phone call or text message is worth a life.  FocusDriven is a nonprofit advocacy organization for distracted driving victims, including the use of cell phones.  A newly redesigned FocusDriven website (www.focusdriven.org/summit) was launched to increase awareness about the dangers of cell phone use while driving.  The website was announced at the Illinois Distracted Driving Summit in Addison, Illinois. The summit was hosted by FocusDriven and the National Safety Council in partnership with Shriners Hospital for Children-Chicago. 

The site has a summit resource guide that includes video clips, presentations and other resources.  It also includes a searchable database of victims where photos and messages from friends and family members can be shared via a memorial wall.  Unfortunately the victims of distracted driving are increasing.  This is just one important way bring awareness to and hopefully decrease the number of fatal car accidents caused by distracted driving. 

Janet Froetscher, president and CEO of the National Safety Council said, “The National Safety Council supports FocusDriven in the fight to end cell phone use on our roadways, both in Illinois and nationwide.”  She added that they are helping FocusDriven form resources that others can use to compel change in their states through the summit.

In my own personal view, an effective summit against distracted driving should also be brought in the state of Kentucky.  Many lives here in Kentucky are lost due to distracted driving.  Our current law does not appear to be working, although four months may not be long enough to see. All I know is when I drive to and from the office I see:

• Cars swerving from lane to lane
• Cars driving slow in the fast lane
• Cars stopped at green lights
• Cars almost rear ending cars

Guess what. Almost always I see the driver on the cell phone. This is against the law, yet people still do it. It is a proven fact that texting while driving is more dangerous the drunk driving, yet people still do it. As a Kentucky personal injury attorney, I see serious car accidents caused by distracted driver more than ever. PLEASE, let’s follow the lead of FocusDriven and get the word out that distracted driving is dangerous.