“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!

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.

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?

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.

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?

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.

Car crashes are the leading cause of death for teens in the United States.  Over 5,000 teen’s ages 16 to 20 die due to fatal injuries each year caused by car accidents and about 400, 000 drivers will be seriously injured.  Teen drivers are four times more likely than older drivers to be involved in a car crash.

As a father and a Kentucky personal injury attorney it disappoints me when I see how unsafe teenagers are that are driving on Kentucky roads. 

• What can we do to make our children safer drivers?
• To keep them from texting while driving?
• To make sure they don’t drink and drive?

We can’t stop them and take away their right to drive.  As parents, we can make a big difference in preventing car accidents, which are considered to be the number one killer of our teens.  Here is a one-minute- I Pledge Video – that shows parents pledging to protect their teen drivers, the same way they pledged to keep them safe since the day they were born.  We do everything we can just to make sure of our child’s safety and protection when they are young.

We have great influence over our teen’s behavior and can play a key role in preventing our teen from being involved in serious or even fatal car crashes.  Let’s stay involved with our teen’s driving.  The first step is to talk about staying safe behind the wheel. Agree to rules while driving such as:

• Avoid distractions while driving
• Prohibiting driving at night
• Set curfew times
• Wearing seat belts at all times 

Learning and enforcing Kentucky’s teen driving laws is a must for your teen to review and acknowledge.  Practice driving as often as we can with our teens and supervise his/her driving so that they’ll be more experience and safer behind the wheel. 

Motor vehicle crashes can happen to anyone in Kentucky because lack experience. New driver’s have to think about every little thing and our more likely to be involved in a car accident.  If parents and teens join hand in hand, together they can make it safer to drive on Kentucky roads and prevent serious and fatal auto accidents.

Driving demands time, full attention and is a great responsibility. It has become common for drivers to use cell phones while at the same time trying to maintain control of their car. Because of the increase in reported accidents due to distracted driving, some jurisdictions have proclaimed the use of cellular phones while driving illegal.  Kentucky is now one of those states. 

As reported, 81% of the United States population admits texting while driving a vehicle in spite of knowing of the dangers of texting while driving. Distracted drivers account for 25 percent of traffic crashes across the country as reported by the National Highway Traffic Safety Administration. According to statistics from Kentucky State Police, 192 collisions have been reported in Louisville in the year 2010 that were caused by use of cellular phones to talk or text. The collisions resulted in two deaths and 62 injuries.

From my perspective, not only as a personal injury attorney, but also as someone who is driving a good hour every day these are needles deaths and injuries. What are people thinking? There are 192 Kentucky car accidents that should not have happened. If Kentucky drivers were not on the phone 2 people would be alive today. 62 other accident victims would not be hurt. Why are people still texting and driving? These statistics alone should be enough to make everyone put their phone down while they are behind the wheel.                                                                                  

The law banning texting while driving was implemented in Kentucky last July 2010.   On New Year’s Day, drivers caught texting while driving can now be fined as a result of a new state law.  The fine will be $25 for the first offense and $50 for each offense after the first, plus court costs.

Officials say they are more confident that the new law will decrease the number of distracted drivers. The top priority of the new law is SAFETY.  A driver caught using a mobile device, will lose time and money. In severe cases it may lead to suspension of licence in severe cases. So, avoid a serious Kentucky automobile accident by getting rid of your cell phone while behind the wheel.

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.