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.

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.

Whether you are a teenager or an adult you have a cell phone.  Even my parents now use a cell phone on a regular basis. We can’t seem to resist the urge to use the phone and replying to messages even while driving.  This is alarming! What has become so urgent in the last five years?

Using cell phones while driving and other forms of distracted driving can lead to dangerous car accidents or even fatal deaths on Kentucky road.  One tends to ignore road signs and fails to keep watch on the road when their eyes are focused on a text message coming in. This can result in a serious injury accident. 

A study has shown that texting while driving is actually more dangerous than drunk driving.  A person who is texting while driving at the speed of 35 mph will cover 25 ft before bringing the car to complete stop. Compare this to a drunk driver who would travel a distance of 4 ft to stop at the same speed. 

Texting while driving is about 6 times more likely to result in an automobile accident than driving while intoxicated. This really surprised me when I read it. Why? This is because texting can cause a 400% increase in time spent with eyes off the road.  If you are writing or reading text messages, your reaction time in case of emergency is reduced by approximately 35%.  Texting while driving is extremely dangerous.

It is just so shocking to see how people can take driving safety for granted despite all the awareness messages you see on television, the internet and billboards.  People tend to be careless in using cell phones while driving.

Let’s make our motto “I dnt txt n drv”! If you agree send me an e-mail at mike@MikeSchaferLaw.com and I will send you a bracelet that has these words on it free of charge. Let this serve as a reminder that texting while driving can kill. We don’t let our kids drink and drive. Let’s make sure they don’t text and drive.

Is it too early to be making New Year’s resolutions?  The Kentucky accident attorney is asking everyone to make No Texting While Driving their New Year’s resolution!  Why am I thinking about this right now?  Well, in less than a week, January 1, 2011, police across Kentucky are going to quit giving verbal warnings and start handing out tickets to enforce Kentucky’s new ban on texting and driving.  The warning period is just about over. After the first of the year you will receive a ticket if you are caught texting and driving.  This is in addition to the harm you could cause by your inattentive, distracted driving that could result in a Kentucky car wreck. 

Inattention is four times more likely to cause an automobile accident than drunk driving.  The simple act of looking at your phone and texting sayings like lol, lnao, wtf, idk, jk and omg could kill somebody.  We’ve all seen the television commercial where people are texting and sitting in somebody else’s lap or running into someone or falling down the escalator.  These are funny to look at but they do not have funny results in real life.

Kentucky recorded more than 57,000 crashes last year caused by driver inattention.  That’s right 57,000!  Distraction can take many forms. It’s not just texting and driving.  The new Kentucky law is toughest on teens using cell phone because this is the group that is most likely to cause collisions.  Recently students from high schools across the commonwealth attended a State Police Driving Academy in Richmond, Kentucky.  They were brought in from the counties with the highest accident rates involving teens.  The purpose of the program was for teens to learn firsthand why texting and driving does not mix.

Are the No Texting and Driving laws working? Unfortunately the Insurance Institute for Highway Safety has conducted a study that has found that the 30 states that have passed laws that it appears that the laws are not having the desired effect.  In analyzing insurance claims from California, Washington, Minnesota and Louisiana not only was there no reduction in crashes associated with the bans for text messaging but there was actually a small increase in crashes in three of the four states.  It is believed that instead of having the phone up at the steering wheel level where it is in front of where they are driving they are putting it down below window level in their lap trying to conceal the phone. 

The law is more about the message as opposed to the penalty.  Kentucky wants you to put your attention back on the roadway.  First offense only carries a $25.00 plus court costs which would be $130.00 in Louisville Metro or Jefferson County. 

Regardless of what this new law is going to do I say it’s time for us all to make a New Year’s resolution: “No Texting While Driving”.  If you are serious about this send me a message on my web site and I will send you a I don’t text and drive wristband.  Let’s all make this our New Year’s resolution. This will help prevent car accidents and make our Kentucky highways safer.

            We all watched our televisions sets with horror and grief for the families of the victims in the Hart County truck accident earlier this year.  Could anything have been done to prevent this accident? This question has been on my mind since I saw the first news broadcast. As a personal injury attorney this question comes to mind every time I see an accident. 

We now know from federal investigation that it was a distracted truck driver that caused the accident. The truck went through the median and slammed into a van traveling in the opposite direction.  Fatigue may have been one of the factors. Distracted driving has also been suggested as a cause. 

Is it time for the trucking industry to get rid of the antiquated paper log.  Is it time to get rid of a system that is easily manipulated for profit by the trucking companies?  These logs can be and have been manipulated by the drivers on many occasions, allowing them to drive more hours than they should. 

There are now electronic logs that are available.  Trucking companies have different opinions on the effectiveness of electronic logs and whether money could be spent better in other areas to prevent crashes.

Ben Bauman, President and CEO of Bolt Express is all for the new federal rule mandating electronic onboard recorders for serious violators. Bolt has tested the system in five of their trucks and the majority of drivers like the system.

Doug Duncan, President and CEO (retired) of FedEx Freight has been a great supporter of electronic logs. He believes they are a way to boost efficiency and increase safety on our nation’s highways. FedEx Freight is in the process of implementing electronic on-board recorders in all its tractors. They will be operated through an on-board computer designed by the company and be part of a communication system.

Tom Voelkel, President and Chief Operating Officer of Dupre Logistics began testing electronic logs in the beginning of 2006. They were installed in its entire fleet in  2007. “The benefit most commonly reported by our drivers is the ease of using the system,” reports Voelkel. “Our professional drivers are happier because it allows them to focus on their driving without the many complications and wasted time of having to keep a paper log.”

Jim Burg, President and CEO of James Burg Trucking believes it is important to invest in safety. By doing this there will be less expense, fewer claims and a fewer number of accidents. Burg has already installed roll stability and lane departure warning technologies and video event recorders. Money invested in safety technology should be with proven safety benefits, such as forward-looking collision avoidance systems. Burg is not sure that electronic onboard recorders will automatically cut crash rates.

I believe that if these electronic logs are placed in all trucks throughout the United States that the percentages of truck accidents will go down. Fatal accidents occur on our roads almost daily. 10 percent of fatal accidents are caused by trucks nationally.  It’s time for the trucking industry to use the technology that is available and update their systems to make Kentucky highways safer for me and you.