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.

A statute banning texting while driving is in effect in many states. The law that bans the use of cell phones to send or read text messages while driving has been implemented due to the increase in car accidents on the road.

The texting ban law has been in effect in Kentucky for about a year.  Officers only issued verbal warnings for the first six months.  January 1, 2011 marked the start of writing citations and giving fines to those who are caught in the act of sending and/or reading text messages while driving on Kentucky roads.

According to the Kentucky Enquirer, there were only 144 citations issued statewide in the first half of the year. The areas where most citations have been written are Jefferson Country leads with 23 and followed by Fayette with 12.  I find this figure amazing.  I saw a dozen people texting while driving on the way home from work yesterday and that is only a 20 minute drive!

Erlanger Police Lt. Kevin Gilpin says his agency’s officers enforce the statute when they see driver’s texting, but says it’s difficult to catch people in the act.

Let’s look at some other States with texting laws.  Are they enforcing the law?  Are the number of citations they have issued as low as Kentucky?

In Georgia, it has also been 1 year since the law went into effect. The Lumpkin Country Sheriff’s Office has issued just one citation for texting while driving. According to head of patrol division Mitch Salain, It’s a good law but its difficult law to enforce. It’s hard to prove if the person is really texting and driving, they could be scrolling through their address book on the phone.   I guess Kentucky is doing better than I thought.

In Massachusetts, 245 citations have been issued for texting while driving during the first 3 months since the law was enacted. Politicians are calling the figure appallingly. The low numbers shows that it’s very difficult for police to enforce this law as written according to Senator Mark Montigny of New Bedford.

In Wisconsin, the state patrol has issued just 13 citations and 11 warnings for texting while driving since its effect last December. The language about texting while driving is that drivers have to be in the act of composing or sending a message. And that makes it difficult to enforce.

In Louisiana, texting and driving has been a traffic offense since August but few citations have been issued. The Shreveport Police has issued 11 citations, the Bossier City Police has issued three, the Bossier Sheriff’s office has issued two and the Caddo Sheriff’s office has issued one.

With the number of low citations in other States, we can see that enforcing the law has proven difficult. Even with the low number of citations, the law is still valuable because it promotes the fact that texting and driving is extremely dangerous.

Is there a way to make these texting and driving laws easier to enforce?  As a Kentucky personal injury attorney I see serious injuries caused by distracted drivers.  These inconsiderate acts change lives forever.  Should the law include any use of a cell phone?  We have all become use to the convenience of instant access to people and information in our cars.  Is this a good thing?  I think it is time to make Kentucky’s law to the next step and ban the use of cell phones for texting, scrolling for phone numbers, googling, or any activities that would distract your eyes from the road.  This will prevent many serious car wrecks in Kentucky.  What do you think?

The long winding roads of Kentucky demands total attention of a driver, but a simple beep of a text message notification can be distracting and potentially deadly.  It is a temptation that is hard to resist. We have to respond to a pending text message.  I am a personal injury attorney and a parent of a teenage girl. I tell my daughter not to text and drive. Does she listen to me? Parents can now to stop worrying about their teenager. 

This is because a new product has emerged that prevents teens from texting in a moving vehicle called the Text Zapper.  This was created by TMG Systems, a company based in NJ.  Text Zapper, which can be subscribed at $4.99 a month, is a phone application that disables a phone’s ability to text, e-mail and browses the web once the vehicle is moving faster than 10 miles per hour.  It won’t permit text messaging in a moving vehicle.  Plus, it’s the parents who totally have the control of the application. They can override the prohibition if requested by the child, who may be a passenger instead of a driver. 

It is a necessity to promote such application/device like this because driving distractions such as the use of hand-held cell phones is a top cause of roadway accidents which may result to serious injuries or worse fatal deaths.  Teens are 10 percent of the U.S. population but account for 14 percent of all fatal vehicle wrecks for they are four times as likely as older drivers to crash.  More than 5,000 youths nationwide, 16 to 20, die of injuries received in vehicle wrecks each year.  This is a must device. 

Wenger from TMG Systems stated its business goal which is to help reduce the risk of teen driving.  It is not intended to stalk the child but as to ultimately save lives.  Check this product out. It may prevent a fatal car accident.

Can you stop your teenage driver from texting while driving? I am a parent of a 16 year old daughter and a 22 year old daughter. I preach don’t text while diving. Pull over and to the side of the road if you have to use your cell phone. They give the “Okay dad”.  Have I really got through to them? I sure hope so. Distracted driving is dangerous. As a Kentucky personal injury attorney I see lives changed because a teenager was looking at a text message as they ran a red light.

Now there is help for us frustrated parents.   There is a new smart phone app that hopefully helps prevent texting and driving and consequently deadly fatal accidents.  iSUP is a new product that is will hopefully be a weapon that will be used to help solve this problem.  The app comes to life when it detects that your phone is traveling at a speed of over 5 miles per hour.  When it detects this speed it locks down the phone screen.  The user is not able to dial a phone number, launch an app, read or compose a text message. 

There is some access. You can dial an emergency number such as 911. You can also select a few numbers that have been preapproved that will not be locked down.  Access will also be allowed to some apps such as Google maps and navigation apps. 

This lock down does create problems if you are a passenger or the so-called designated texter. If the app is enabled on the phone the passengers’ screen will also be locked down. The inventors of iSUP are looking into overrides. 

Another new app is called Zom Safer.  This app will put your phone in safe mode and lock down your screen. In other words you cannot dial the phone or enter a text message. This app will allow you to make hand-free calls. 

You might want to check out one of these apps if you have teenage drivers.  iSUP is only $5.00 per month and could prevent a serious Kentucky automobile accident caused by distracted driving or texting and driving.

Will a $25.00 fine really deter the conduct of texting while driving? Text messaging is a part of the teenage culture. Kids don’t want to talk on the phone. My daughter will send a text and wait for a reply rather then call a friend. I couldn’t get my sister off the phone when I was growing up.        

As I am sure you are aware, Kentucky now has a law that prohibits texting while driving. The hope is that this law will help to prevent serous car accidents and crashes. You are not allowed to text and drive. I am not going to go the question as to why we would need a law that is simply common sense. Texting while driving is more dangerous than drunk driving. Intexicated driving causes more accidents than intoxicated driving.

But my question is did Kentucky go far enough in the penalties put in place for violating this law?  Are the penalties enough to really deter the act of text messaging?  Are auto accidents going to be prevented? Are lives going to be saved?

Children of the 21^st century have grown up with cell phones. Text messaging is their No. 1 form of communication with friends.  Driving to work every day, I see people texting while they’re driving. Kentucky drivers are looking down at their cell phones and not looking at the road ahead.  They are not paying attention to the cars around them. What happens if a car suddenly stops or a child runs into the street?

 The penalty range for texting and driving starts at $25.00 for a first offense and $50.00 for a second offense, yet the consequences can be severe and deadly in many situations.  It has been said that text messaging is worse than driving while drunk as far as your ability to control the car.  This can be said of any type of distracted driving. 

My question is should Kentucky’s texting law have more severe fines and penalties?  In states like Utah it is a crime of manslaughter in a situation where you are texting and driving and have a fatal accident causing a death. Does this go too far? I think tougher penalties are more likely to deter the conduct that we are trying to eliminate from our roads.  As a personal injury attorney I can use evidence of texting while driving in a civil trial. This may enhance what a jury would award.

Text messaging and driving is very dangerous.  I know I have posed a lot of questions. Only time will tell if the law deters texting while driving and helps to prevent car accidents. I think the penalty for texting while driving in Kentucky should be more in line with what the actual damage done by this very negligent behavior. I am curious to hear your thoughts.

            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.

In many ways we are moving in the wrong direction.  Kentucky has been too slow in banning texting while driving. Automobile accidents due to distracted driving are increasing. The auto manufacturers are moving at breakneck speed to put more devices on their vehicles while lawmakers are dragging their feet.   

There has been some progress.  President Obama has banned text messaging while driving by all federal employees.  He views text messaging as a deadly epidemic.  I think we have seen through our behavior over the last few years that voluntary compliance of not using a cell phone or texting while driving is way beyond hope. We have too many gadgets in our cars.   

There are some states that have pushed the envelope such as Utah which punishes drivers who killed others while texting with the same penalties as drunk drivers.  That is up to 15 years in prison.  Ironically this law was able to be passed only after two rocket booster scientists were killed after being hit by an oncoming car that swerved into their lane and was texting at the time.   

            Focus Driven has a new web site www.focusdriven.org.   This web site has information on distracted driving, help for victims and family members and ways to get involved.   

In Louisville, Kentucky the police have stated that texting and driving is a growing problem on our roads.  It has been reported that Louisville lawmakers are looking to some 19 other states that already have laws against it for guidance.  Their real concern is how we enforce the law. 

Denise Harper Angel, a Kentucky state senator, is sponsoring a bill which would ban texting while driving. This bill is getting a lot of support.  The bill made it out of the Kentucky House on an 80 to 16 vote. Not only is texting while driving banned, but cell phone use is not allowed for those drivers under 18 years of age.  

There has even been a new phrase coined for texting while driving which is called intexticated.  I hope the new law will focus on banning all texting while driving and not just focus on teenagers.  It is time for us to finally make this change in Kentucky.  Call your State Senator today. If we work together you can save lives.  

We all know that the dangers of texting and driving. It is obvious.  In Kentucky we now have a simulator which demonstrates the dangers of texting and driving. The simulator can be requested from the Office of Highway Safety and is free to the schools.  It has not been used in Jefferson County but I hope our schools will take advantage of the program.  This new program has been developed to demonstrate the problems and many dangers of texting and driving to high school students.  This is presented for no charge by the Kentucky office of Highway Safety. 

Individuals are strapped into an arcade-type racing game.  The simulator has a seat equipped with a seatbelt, a gas pedal and a brake pedal.  There is also a steering wheel and a gearshift. You have three screens in front of you that gives the operator an 180?degree view of a roadway. The driver is requested to operate or drive normally. They are then handed a cell phone and asked to send a text message while they can continue to drive the simulator. 

When they are handed the cell phone it usually sends the car swerving into another lane.  Drivers are allowed to watch a replay of their simulation. When students are shown the simulation replay they see themselves swerving when they thought they were actually driving okay.  Distracted driving has become the leading cause of crashes among 16 to 21 years old.  Texting and driving is a big, big part of this.  

            The US Department of Transportation has banned all federal employees from texting and driving on federal-issued or personal phones while in vehicles owned by the federal government or in vehicles being used on federal business.  This includes the military.  Although the federal government may be the most recent, the National Safety Council indicates that hundreds of private companies and organizations have banned the use of cell phones while driving to reduce accidents at work. 

This needs to be the law in Kentucky and should be the number one priority at the next Kentucky legislative session.  The word is getting out in Kentucky partly thanks to Nicole Meredith, who is a teen.  She wrecked her car on the Gene Snyder last summer when she was texting a friend.  As she was texting she went off the road and totaled her car.  Miraculously she walked away from the crash without injuries.  Meredith has told her story in Frankfort to help kickoff the Transportation Department’s distracted driving campaign.  Hopefully there will be more than just a campaign and soon no text messaging behind the wheel will be the law in Kentucky.  

The statistics are one of the many compelling reasons to make this ban the law in Kentucky.  Some of these statistics are:

·        Distraction from the use of a cell phone while driving delays driver-reaction time

·        Use of cell phone reduces brain activity associated with driving by 37 percent.

·        80 percent of all crashes are related to driver inattention.  The use of a handheld device increases the likelihood of a crash four times.

·        In 2008 nearly 6,000 people died in crashes involving an inattentive or distracted driver.

·        Research shows that the youth are the worst offenders.

Believe it or not there were 53,000 distracted driving-related crashes last year in Kentucky.  Link Kentucky kicks off campaign to cut down on distracted driving.  Governor Steve Beshear is considering a policy that would limit distracted driving for all state employees.  Do we really need to have to tell them that it’s time to make this the law?  I hope Kentucky follows suit with Colorado. Their new law dictating how you use your cell phone while driving takes effect December 1, 2009.  After this date no one under the age of 18 will be allowed to talk on a phone while driving.  Everyone will be banned from texting while driving.   

Let’s hope Kentucky is next and a ban on text messaging while driving will be law in Kentucky in the near future. This will help to precent car accidents on our Kentucky roads.

I was driving my 16 year old daughter to school this morning.  She has her driver’s permit and is learning to drive and is very excited about it.  She told me that there was a program on Channel 1 at her high school here in Louisville that was preempted by the school.  For those of you that are not familiar with Channel 1, it is a national news program that is shown in high schools. My daughter’s school felt that the content was too graphic.  So what does a sixteen year old do if her school tells her she can’t watch a video because it is too graphic? She gets on the computer and performs a search on YouTube and was and finds the program. 

The preempted program is a community awareness ad from the United Kingdom depicting the dangers of text messaging and driving by teenagers.  I have to admit that it was very graphic.  It showed three teenage girls driving down the road while using a phone to send a text message to a friend.  They were driving and paying more attention to the phone then to the road. Their car went across the center line and struck another car head-on. The airbags deployed.  Heads hit the windshield. There was blood everywhere. As the car came to a stop it was T-boned by another car. One girl died in the lap of the driver. 

It went on to show the families in the other cars.  There was a toddler who kept asking; “Why won’t mommy and daddy wake up?” A child in a car seat was also shown motionless with eyes wide open, obviously dead.

Although it was quite graphic I disagree with the school’s decision to pull this informational video. Teenagers who are new drivers generally have no idea as to what the real dangers that driving a car entails and how text messaging behind the wheel can affect not only their life, but the lives of others.  I don’t believe that most teenagers have a true understanding of the real dangers of driving a car. My old boss at the Commonwealth attorney’s office, Ernie Jasmine used to refer to an automobile with a drunk driver behind the wheel as a 2-ton projectile with a license to kill.  I believe he would have referred to a driver who is texting in the same way. Teen drivers need to be shown that a car is a very dangerous weapon that can kill people and change their lives forever. 

Click here if you want to watch this video.  The video is graphic, but no more graphic than what we watch on the crime shows on television.  I believe all drivers should view this.  This type of public awareness ad could help make our Kentucky roads safer and help eliminate serious automobile accidents that occur almost every day due to driver inattention.

To me this is stating the obvious. You should not send a text message, read a text message, read an e-mail or be on your facebook page while you are driving on Kentucky roads. Once again, stating the obvious, this lack of attention to the road and what is happening in front of you causes serious auto accidents. I drove up to Chicago last week for a conference. As I passed cars or they passed me I was watching the drivers. Before it got to dark to observe I counted eight people who appeared to be texting while driving down I-65 at 70 mph. This is, shall we say not smart and dangerous.

Tennessee has just passed a law banning text messaging while driving. They join eight other states that ban text messaging and nine states that ban texting by teenage drivers (I guess you have the ability to text and drive once you turn 21). This is a law that needs to be in place. Awareness will prevent auto accidents.

Kentucky considered a law banning texting while driving last year and talking on a cell phone while driving if you are not using a hands free device. If I recall it didn’t make it out of committee. I hope Kentucky will consider revisiting this issue in the next legislative session. We need a law that can be used by the police to make our roads safer. Tennessee has a proposed penalty of a maximum of a $50 fine; hopefully Kentucky will look at a stiffer penalty that will be more of a detriment. I would also like to see tougher penalties for repeat offenders. I urge the Kentucky legislature and Governor Beshear to look at this issue and give Kentucky a law banning text messaging and cell phone use with some teeth. This will prevent auto accidents and injuries on Kentucky roadways.