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.  

            Groups, such as FocusDriven, who are pushing for texting while driving bans, are at odds with the automakers in many aspects.  We all know that any time we take our eyes away attracting high interest from Intel and Google as a source of business in the future.  The dollar from the road it increases the chance of an automobile accident. Despite this auto manufacturers have unveiled new technology, which although it is really cool, will add to this problem. In the near future cars will have Internet connected computers right in the front seat, smack dab in the middle of the dashboard. These new dashboard computers are signs are definitely there. This is technology that people must have.  It is viewed as an item people will not be able to live without. The screens are approximately 10?inches and located above the gear shift. They show high definition videos, 3?D maps, and web pages.   

Safety advocate groups are up in arms claiming that these devices will just create more deaths.  Nicholas A. Ashford, a professor of technology and policy at the Massachusetts Institute of Technology, stated “unfortunately and sadly, it is a continuation of the pursuit of profit over safety, for both drivers and pedestrians”.   

Audi has a system on its way that will be available this fall.  It is a pop down with a touch pad.  Apparently a notice that pops up when the system is on reads “Please only use the online service when traffic conditions allow you to do so safely”.  Does Audi really believe this is going to work?  If somebody has this toy and it is available any warning will be ignored or a distraction in and of itself.   

There are voice commands systems that are available from some manufacturers but the video is still going to be available and located front and center.  Other companies, such as Ford and their new My Ford system, will allow the driver to adjust the temperature for a friend while the car is in motion but it will only allow you to use the web browser when the car is in park.  These systems are going to have WiFi capability and USB ports. They are a computer in the car.  As predicted by Michael Rayfield, a general manager at NVIDIA, a chip company, that cars are going to become the most immersive consumer electronic device we have.  

We have come a long ways since the horse and buggy days and in some ways maybe we should go back. When we are driving we should be only driving!

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

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

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

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

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

·        cell phone use;

·        eating;

·        drinking;

·        talking with passengers;

·        using in vehicle technology;

·        the use of peripheral electronic devices. 

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

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

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

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

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?

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.