The 2012 National Work Zone Awareness Week was scheduled for April 23-27.  This is the 12^th year and the theme was “Don’t Barrel Through Work Zones!  Drive Smart to Arrive Alive.”  The National Work Zone Awareness Week campaign was initiated in 1999 by the Federal Highway Administration (FHWA), American Traffic Safety Services Association (ATSSA), and the Association of State Highway and Transportation Officials (ASHTO) to build public awareness of work zone safety.  The campaign is very important.  On average, a life is lost every 13 hours and someone is injured every 13 minutes in work zone car crashes nationwide.  Drivers should be aware about the dangers of driving through work zones and always proceed with caution.

Construction work has begun on Interstate 71 where one lane of the interstate has been closed while crews repair bridge decks.  It is scheduled to be completed by April 30.  Even though National Work Zone Safety Week has passed, drivers should still be reminded to slow down and pay attention.  According to Kevin Bailey with the Kentucky Transportation Cabinet, “Stay awake, stay alert, stop texting and talking, pay attention to the fact that we are out here.  We’re here working for you and trying to make things better, so give us the benefit of the doubt and be aware that we are here.”  This will be especially there during Derby week.  There will be heavy traffic to all Derby events on I-71.  Fight the urge to be in a hurry to get to your Derby party.  Don’t risk the lives of  workers in this area.

Drivers are always urged to “Drive Smart” in work zones and be aware of workers, traffic control devices and construction equipment when traveling in areas where projects are ongoing.  Here are some work zone safety tips for drivers to avoid auto accidents.

• Buckle Up! – Wear safety belts every time you travel.
• Stay Alert! – Devote your full attention to the roadway.
• Pay Attention! – Turn the radio down and don’t use your cellular phone.
• Be Patient! – Remember workers are improving the road for future travels.
• Follow Signs! – Signs guide you through work zones safely.
• Don’t Drink and Drive! – Impairment of any kind is unacceptable.
• Be Nice! –Don’t tailgate and don’t change lanes in a work zone.
• Expect the Unexpected! – Watch for flaggers, workers and equipment.
• Don’t Speed! – Follow posted limits and adjust for weather conditions.

Follow these tips to make every week National Work Zone Awareness week in Kentucky!

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.

I had to travel to Lexington last week.  As I was driving east on I-64 I saw a sign that read “52 deaths on Kentucky roads this year”.  We have all seen these electronic signs that dot the interstates in Kentucky. My immediate thought was it’s not even the end of January and there have been 52 deaths on Kentucky roads due to auto accidents! This is 52 fatal accidents. I wonder what the causes of these deaths were.  I was on my way to Lexington to file a lawsuit in a case where my client had been t-boned by a young teenage girl who was texting on her cell phone. She did not see the red light, ran it and slammed into the side of my clients’ car.  Unfortunately, the consequences were severe. My client suffered a traumatic brain injury with a permanent memory problem as a result of this accident. 

            I can’t believe that nothing has been accomplished in Kentucky to prohibit texting while driving. It is running rampant on Kentucky roadways, whether you are in Louisville or Lexington.  There are so many people, not only teenagers but adults, on cell phones and being distracted by other means.  This is making the highways more and more dangerous. 

Last week the Transportation Department announced a new rule that prohibits interstate commercial truckers and bus drivers from sending text messages while they are operating their vehicles.  Those drivers who break this rule will face civil or criminal fines that could go up to $2,750.00.  This rule became effective immediately. 

Texting while driving is just one of the problems that should be addressed.  Many truckers use computers while driving that are required by the companies.  These are dash mounted. As everybody knows multitasking makes driving more dangerous.   

I applaud the transportation department for making this rule.  I hope that the states that have not instigated bans on texting while driving will do so in the near future.  It will definitely save lives.  Hopefully this will help cut down on the 52 deaths that have occurred this year on Kentucky highways.  This is too many deaths from traffic accidents. Whether they are car accidents or truck accidents we need to take whatever steps we can to prevent them from occurring  in the future. The National Transportation Department has taken a big step. Will Kentucky be next?

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.

The nationwide parade toward a ban on text messaging while driving has picked up more steam in the last week. Ford Motor Company became the first auto manufacture that has come out in favor of a federal ban on texting while driving. Similarly, the new chairwoman of the National Transportation Safety Board has prohibited employees from using a cell phone or texting while driving on any official business. They have also recommended that government transit agencies prohibit the use of cell phones for young drivers, all commercial drivers and even train and bus operators. They have not gone as far as Ford in endorsing a national ban on all drivers.

New York Democrat Senator, Charles E. Schumer, has proposed legislation that if enacted would cut federal highway funds given to the states by 25%, should the states not comply with the prohibition against texting and driving.

In support of their decision Ford cited recent research that shows that an activity, such as texting, that allows drivers to shift their focus from the road to another task for an extended period of time substantially increases the risk of automobile accidents. I am sure this is accurate. I have several clients who would not have been injured but for the negligent actions of a texting driver. I have seen red lights run and stop signs ignored both causing serious injuries.

Fords support of the national ban only goes as far as texting and driving. It does not include cell phone use. The ban currently proposed does not affect the use of any in-car communication and entertainment systems, such as the ones Ford offers to its customers. These systems allow hands free cell phone use and will even read text messages to you while you are driving. I support Ford’s position but wonder whether there is any economic motivation in their support of this particular bill. This would be a boost to the struggling auto industry if hands free devices are required for cell phone use behind the wheel. I believe it will only be a matter of time before the other automakers jump on the band wagon.

Text messaging bans have already been enacted in 14 states and the District of Columbia. Kentucky is not among this group of 15. Although Kentucky has not yet enacted a total ban there are restrictions for teenagers and bus drivers.

The bottom line is texting while driving is extremely dangerous and will eventually be banned in all 50 states. This activity increases the risk of car accidents and makes Kentucky roads dangerous. People are concerned. In a survey conducted this year the AAA Foundation for Traffic Safety found that 48%of people worry about others driving in an unsafe manner. 19% of those surveyed stated that the reason they were concerned was people multitasking while driving. I hope are elected officials wise up, get with the times and ban texting while driving. Delays will cost us the loss of lives.

Utah has recently upped the ante. They have passed by far the toughest law in the United States against the growing epidemic of texting and driving. Get caught texting and driving in Utah and you are looking at prison time of up to 15 years if you cause a death and a fine of up to $10,000.00. If they are merely caught texting and driving the punishment is up to 3 months jail and up to a $750.00 fine. A far cry from the absolutely nothing that is on the books in Kentucky.

I believe it is time for the Kentucky legislature to take this issue under serious consideration and pass a tough law. I have way too many clients that have been injured due to a distracted driver. Whether they are texting, dialing a number on a cell phone or picking something up off of the floor it is dangerous. The consequences are severe and can change the direction of the accident victim’s life.

Utah’s new law became affective in May of this year. The penalties for texting are comparable to those of drunk driving if someone is killed in the accident. If you are texting while driving in Utah your actions are considered reckless. Choosing to text and drive is considered to be the same thing as choosing to get behind the wheel drunk.

This law is the harshest response to multi-tasking behind the wheel and is sure to be a topic of discussion at the National Summit for Distracted Driving this fall. Some studies show that talking on a cell phone while driving is as dangerous as driving with a blood alcohol level of .08, which is the legal limit in Kentucky.

There could be some problems with proving the conduct of texting and obtaining a criminal conviction under the Utah law. How do you prove someone was texting and driving? There is no test to prove that you were texting like there is for drunk driving. A breathalyzer makes the prosecutions’ job fairly easy.  A witness could be easily discredited. They only see the action. It could be texting or it could be dialing a phone number. Maybe the best evidence will be statements of the offender. Any statements can be used if they are made spontaneously. This coupled with the phone would be sufficient proof, but how do the police get access to the phone before the text messages are erased? Maybe a warrant, but this takes time.

I wonder whether the texting activity is the same as dialing a phone. It is the same action. It takes the same level of concentration. Should the Utah law be expanded? Should a distinction be made?

The Utah law also presumes the driver knows the risk of texting and driving. This is important because it goes a step further than many other such laws where it must be proven that the driver is aware of the risks associated with the activity before engaging in that activity.

What will Kentucky do? I really don’t have a clue. I believe penalties need to be put in place to deter this very dangerous activity. It is at an epidemic level. You will see people looking to their cell phones as you drive to and from work. This inattention causes accidents. Personally I believe that criminal penalties that include prison time for causing a death are appropriate. This will save lives, prevent auotomobile accidents and make our Kentucky roads much safer.

There is a texting while driving epidemic in America. I see it almost daily. Not a week goes by that I don’t speak with a Kentucky accident victim that was injured by a distracted driver. Someone texting on their cell phone is the most common cause of these accidents.

A “Distracted Driving Summit” was announced by the federal Secretary of Transportation on August 4, 2009. The senate recently discussed a proposal for withholding federal highway dollars from states that fail to enact laws that ban texting while driving. The meeting is slated to occur in September. Safety experts, academics, elected officials, the police and others will be given the opportunity to discuss strategies to effectively ban texting while driving, cell phone use and other driver distractions with the hope of saving lives.

            Distracted drivers (including texting drivers) were compared to drunk drivers by Transportation Secretary Ray LaHood. Lahood feels that Americans became fed up with their children being killed by drunk drivers and are now tired of the idea that people can text and drive in some states.

Will outlawing this type of activity by drivers save lives?  The Governors Highway Association has mad recommendations that oppose texting while driving. This same group opposes the implementation of laws that have no teeth and cannot be enforced. Fourteen states have a ban on texting and driving. Kentucky currently bans texting only for drivers under 18 and school bus drivers.

Studies show that texting while driving increases the risk of a crash. I don’t need a study to tell me this, but the Virginia Tech Transportation Institute did such a study. It showed texting truck drivers were 23 times more likely to be in a crash or near crash situation.  Cell phone users’ risks increased 4 times. College students fared better in a Study by The University of Utah. The likelihood of this group being in a crash increased 8 times.

Americans are inconsistent on their views about cell phone use. The AAA Foundation for Traffic Safety did a survey. 58% of those surveyed feel talking on a cell phone and driving is a serious threat. This increases to 87% for texting and driving.  67% of this group also said that they had recently used their cell phone while driving. It appears we feel it is okay for me, but not for someone else.

The federal government usually does not get involved with laws about driving; it is left to each individual state. I think it is fair to say that eventually there will be pressure put on states to pass laws or forfeit funding. Kentucky will eventually join the parade of states banning texting and driving, but it will be a while.

Wise up and put the phone down. Distracted drivers cause accidents. I had another client interview yesterday where the auomobile accident was caused by a texting driver that went off the road, over corrected and caused a head on collision. The accident and injuries could have been avoided if the phone was not being used. I wonder what was so important?

I have a few hot spots that can get me very angry. Irresponsible drivers are at the top of my list, whether it is someone texting and driving or drinking and driving. This morning in Jefferson County E. P. Tom Sawyer State Park held its 28^th annual triathlon. It consists of a half mile swim, 14 mile bike ride and a 3.1 mile run. This particular event is not the caliber of the iron man series, but a family event. Parents often participate with their children.

At what is slated as a fun day ended in a horrendous tragedy. A participant, not yet identified, was killed by a drunk driver. The accident happened during the biking leg of the event. The victim was riding his bike down Chamberlain Lane when he was struck from behind by a motorist. The motorist, 25-year-old Kenneth Yates, did not stop but continued to drive with the victim’s bike on the hood of his car.

An off duty police officer who was directing traffic for the event saw Yates with the bike on his hood and stopped him. At this point Yates fled on foot to a house close by. Yates’ mother returned him to the scene. He was charged with murder, drunken driving and assault on a police officer.

Lance Armstrong told us in his video blog from the Tour de France to be safe out there. Unfortunately there are some things that are out of our control, that being the irresponsible actions of drivers. Kentucky roads are not known as bicycle friendly. Personally I have had some close calls, but no significant injuries. My sympathies go out to the family of this bicycle accident victim.

I would urge anyone who witnessed this fatal bicycle accident to contact the Louisville Metro Police Department so that what they saw can be documented. Every eye witness account is important and can potentially make a huge difference in the outcome of legal proceedings. Whether it is for the criminal prosecution of Kenneth Yates or the civil wrongful death action, eye witness testimony is critical. I f you saw something contact the police.

There is a new billboard campaign that has been launched by the National Safety Council called “Death by Cell Phone.” The campaign has been launched in 67 markets nationwide. I have yet to see one in the Louisville area. If you know of one post a comment and let me know where it is. Jennifer Smith, who is the daughter of a victim that was tragically killed by a driver using a cell phone, coined the phrase in describing the tragic death of her mother.

            Cell phone usage while driving was addressed by Kentucky in 2009, but did not make it out of committee. Nationwide it is reported that 81% of cell phone owners use their phone while driving. There is little doubt that the use of cell phones distracts drivers and is the primary cause of tragic auto accidents on Kentucky roads.

I have represented accident victims who have been injured by teenagers texting while driving that some how ignored a red light. Today I was conferencing a case where the driver of a motorcycle was apparently using his cell phone when he some how didn’t see the stopped car at a traffic light and slammed into the car at 50 mph.  Tragically, he was not wearing a helmet and is believed to have died in this motorcycle accident. I still can’t believe the driver had his cell phone out while going 50 mph. I take my cell phone while I am riding my bicycle, but the only time I am on it is when I am off my bike and on the side of the road in a safe place.

            Many states have already banned the use of cell phones in motor vehicles in some form or another. Now Australia looks to be jumping on the band wagon in banning all cell phone use in cars, including hands free devices. As a parent I do not allow my daughter to use a cell phone while driving unless a blue tooth is in use. 

We need to pay attention to the pleas of Jennifer Smith, whose mother was killed by a cell phone user. Everyone should listen to David Teater, whose son was killed by a cell phone user. Let’s pay attention to what has happened to these accident victims.

One study links cell phone use as a factor in 6% of all motor vehicle accidents. According to this estimate cell phones result in 2,600 deaths each year. All because we couldn’t wait to text or make a call. This is senseless. It’s not just cell phones, but they are in my opinion the most dangerous. Americans are distracted by the radio or CD, the cup of coffee, polishing nails or putting on make up, or even reading the paper. The time has come to limit the use of cell phones while driving a car in Kentucky. We should follow the lead and help prevent any further needless deaths by cell phone.