April 13 2012

Woman Texting While Driving With A Dog On Her Lap

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The Governor’s Highway Safety Program, the National Highway Traffic Safety Administration and the National Safety Council have joined forces this month of April for National Distracted Driving Awareness Month. The purpose is to urge drivers to avoid distractions while driving.  Drivers using handheld or hands-free cell phones or texting while driving are the leading distraction for crashes which is 28 percent of all accidents or 1.6 million crashes each year estimated by the National Safety Council.

The head of the Vermont Governor’s Highway Safety Program cited a new case of distracted driving in Vermont that involved a woman texting while driving with her dog sitting on her lap as an example of a continuing problem across the nation.  The woman who has been summoned into court on allegations of driving with a suspended license, cell phone in one hand and her dog sitting on her lap is Sarah Gibson, 22, of St. Johnsbury.  According to St. Johnsbury police, Sgt Eric Hazard spotted Gibson texting while driving her 2001 truck when they were supervising traffic Tuesday on Memorial Drive.  She was issued a $ 156 traffic ticket – with two points against her license – on the texting allegation and also was ordered into criminal court May 21 to face the charge of driving with a suspended license.

Detective Sgt. Jennifer McGarvin said that Gibson asserted she was not texting, merely checking the time on her cell phone, which was being held above the steering wheel when spotted by the police.  Is this any better?  Her eyes were still not in the road.  Gibson received a written warning for having the dog in her lap, and also for failing to carry her vehicle registration and proof of liability insurance in the truck.

Many states have passed laws that ban texting while driving and Vermont is among the 36 states.  Vermont law prohibits drivers from having anything between them and the steering wheel.

Why do we still have cases like this?  Are the laws not enough? Are citizens too busy ignoring rules and laws because of virtually no penalties?  Does the threat of $100.00 fine make you think twice about texting while driving?  That is the maximum penalty in Kentucky.  I don’t believe the penalty represents the potential danger and consequences of a serious injury car accident.

April 02 2012

If you Can’t Walk and Text, How Can you Drive and Text?

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Distracted driving, texting while driving: We have all heard the terms.  Is it really that dangerous? Should we be worried? Teens do this every day, shouldn’t they be good at it? The road can be dangerous anytime one encounters a distracted driver.

Here’s a video I came across that really shows how dangerous texting while driving is “Not everyone should text and walk. No one should text and drive.” Ouch! Bad things happen if a driver isn’t looking at the road. According to the Centers of Disease Control and Prevention, motor vehicle crashes are the leading cause of death among U.S. teens. The majority of these crashes are caused by inexperience or distractions. More than 5,000 teens (ages 16-20) are killed in passenger vehicle crashes each year. Wouldn’t it be nice if we could prevent these needless deaths?

With the immense popularity of mobile devices, teens and adults are generally hooked to texting and talking over mobile phones even while doing other activities. The use of a cell phone while driving slows down the reaction time of the driver and it can be the same as that of a 70-year old. The American Automobile Association reports that nearly 50 percent of teens admit to texting while driving. This act can be a disastrous.

The challenge still continues on making people, specifically teens, really understand the dangers caused by using a cell phone behind the wheel. There are many movements that help educate people on safe driving. Each of us can play an important role to minimize motor vehicle crashes. Parents should set as an example of having a good driving behavior. Keep in mind that safety matters and it is wrong to text and drive. Forward this video to all the teens you know. Maybe it will make a difference and prevent a fatal car accident.

March 26 2012

Is Texting While Driving More Dangerous Than Drinking And Driving?

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We all know the dangers of texting while driving.  We have been made aware of how dangerous driving under the influence of drugs or alcohol is by organizations like MADD. Both activities can have the same catastrophic consequences that can lead to death or serious injury.  Did you know that distracted driving is now the leading cause of death among American Teens?  Alcohol-related accidents and deaths among teens has actually decreased. It’s hard to believe until you really think about it.

I will hazard a guess that almost everyone has used their cell phones while behind the wheel of a car. We see other drivers talking and texting while driving, using headsets, and hand-held or hands-free devices. Try counting the number on your way into work tomorrow; I think the number will surprise you.

The average time your eyes are off the road while texting is five seconds. Anything can happen within this time and often does. A child runs after a ball in the road. The car in front of you slams on their brakes. You get the picture. The University of Utah conducted a study in 2009 that found the use of a cell phone while driving delays a driver’s reaction time the same as having a blood alcohol concentration at the Kentucky legal limit of .08 percent! Researchers at the Center for Cognitive Brain Imaging at Carnegie Mellon University detected that concentration and focus on driving decrease by 40 percent when a driver is distracted. With so many people using cell phones, we can say that it becomes more dangerous than driving under the influence.

The battle against distracted driving and driving under the influence is a never ending war. Yes a war because death is inevitable when people engage in these activities. How do we stop it? Awareness campaigns are one avenue. Stringent enforcement of cell phone laws is another. Unfortunately, these laws need more teeth to make people refrain from using cell phones while driving. Increasing fines and suspending or revoking license or jail time may do the trick. Unfortunately, there is no quick answer because we will have to change the way society views cell phone use behind the wheel. Are we too late with the 25 and under crowd? It seems to be a part of their life. Cell phones seem to be permanent attachments.  All of the above will be needed to turn the tide and save lives.

February 22 2012

Teen Driving Fatalities Increasing

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The overall number of traffic fatalities during the first six months of 2011 decreased but not for 16-and 17-year-olds! Their number went up from 190 to 211. This is an 11 percent increase.  Deaths among 16-year-old drivers went up from 80 to 93 (a 16 percent rise). During that same period deaths among 17-year-olds rose from 110 to 118 (7 percent).  This was reported to be the first increase in eight years according to information from the Governors Highway Safety Association (GHSA).

Florida, Texas and North Carolina are among the states that have the most significant increases in teen fatalities.  There were 23 states that reported jumps in traffic deaths, 19 states had decreases and eight states plus the District of Columbia saw no change.

Author Allan Williams, formerly the chief scientist at the Insurance Institute for Highway Safety said in a GHSA statement that, “While it is not a surprise that these numbers are stabilizing or slightly increasing, states should not accept these deaths as something that cannot be prevented.  More work can and should be done to save teen lives.”  He speculated that the increase may be due to the leveling off of initial benefits from ‘Graduated Driving Licensing laws.  The economy may also be a factor because, more teens are behind the wheel and thus increasing their risk for fatal accidents.

Barbara Harsha, GHSA executive director, believes that states need more federal help to save more teen lives.  The U.S. National Highway Traffic Safety Administration and the states should have funds to be put toward “distracted driving” campaigns directed at teen drivers who may be texting, phoning or simply carrying on with friends while driving.

As a personal injury attorney and a parent, I personally get involved in showing my teens safe driving habits. Distracted driving is 4 times more dangerous than drunk driving.  I prohibit them to any type of distractions while driving, especially electronic devices.  Texting and driving is an epidemic. Programs and campaigns that bring awareness to the dangerous associated with distracted driving will help. In my opinion, however it goes back to the parents. Our examples and rules prohibiting texting while driving will do more than any federally funded program.

January 11 2012

Blindfolded in a Techie World

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“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!

November 07 2011

Stop the Text to Stop the Wrecks

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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.

October 31 2011

Will iPhone’s “Siri” cause or prevent Car Accidents?

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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?

October 10 2011

The Dangerous Distracted Driver

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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.

July 07 2011

Kentucky Texting While Driving Citations Remain Low

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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?

May 20 2011

Distracted Driving Equals Brain Drain

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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?