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.

On April 25, 2010 Governor Beshear signed a bill that makes it against the law in Kentucky to text message while driving. This bill became the law in Kentucky today, July 15, 2010.  You are no longer allowed to drive a car and text message.  I know this states the obvious, but Kentucky has finally joined the majority of the states in having a law that prohibits texting while driving in an attempt to prevent serious car accidents caused by distracted driving.

What does the new law mean? What activities does it prohibit? What happens to you if you violate the law?

If you are under the age of 18, you are prohibited from using a cell phone while driving a motor vehicle of any kind.  No talking. No texting. No checking your e-mail. You cannot use the phone at all.

If you’re over the age of 18, you cannot use a cell phone to send a text message, receive a text message or read a text message while you’re driving the car.  You can use the cell phone to make a call. There is no requirement that you use a blue tooth or head set.

What happens if you get caught violating the law?  What I mean is what happens if you text while driving and get caught by the police? Until January 1, 2011 absolutely nothing will happen to you (other than being 23 more times as likely to be in an automobile accident, but that is a story for another time). Warnings are going to be given by the police so you will not actually receive a ticket for violating the law. 

After the first of the year you will receive tickets for the offense of texting while driving if you are pulled over in conjunction with any other type of violation. The fines for this are minimal.  For a first offense it is $25.00 fine plus court costs, which in Jefferson County are $134.00.  For a second offense, it is $50.00 fine plus court costs. Not much more than a slap on the wrist in my opinion.

The bottom line is do the obvious and don’t text while you’re driving. You will be in violation of Kentucky law if you do.

Everyone knows the dangers of distracted driving. We know we shouldn’t use a cell phone while we drive, especially texting while driving.  What affect would this have on an auto accident claim in Kentucky? 

The initial investigation into a distracted driving case involving texting or talking on a cell phone at the time of a car accident is very similar to the investigation of any automobile accident case.  A personal injury attorney will obtain a copy of the police report; get photographs of the accident scene and the vehicles. Witnesses will be interviewed. Insurance policies will be reviewed.

Other lines of investigation will include the at-fault driver’s cell phone provider at the time of the Kentucky car accident.  All cell phone records will need to be subpoenaed and reviewed. Those would include all personal numbers and employer numbers. You need to review  all cell phone records.  Cell phone records are important because they can show the time and length of a call on a particular date. If you can pinpoint the exact time of the accident you can show whether or not a defendant was on a cell phone at the time.

A defendant will have to explain the cell phone use during his deposition. Questions I would ask during a deposition would include:

• Were you on the cell phone at, near or during the collision? 
• Were you dialing your phone at, near or during the collision?
• Were you picking up your phone at, near or during the collision?
• Were you touching your phone at, near or during the collision?
• Were you looking up a phone number at, near or during the collision?
• Did you have your phone in your hand for any reason at, near or during the collision?
• Were you texting on your phone at, near or during the collision?
• Have you ever used a cell phone while driving?
• Have you ever had an accident with a cell phone? 

Unfortunately this type of litigation is going to become more and more common.  I don’t believe the new Kentucky cell phone law is going to curb the use of cell phones for either talking or texting.  As the verdicts and penalties increase then the behavior will change.  It will take time.

If a personal injury attorney discovers information that indicated a cell phone was being used by the at-fault driver theories of negligent causation and failure to abide by a statute will be considered.  Reckless driving or gross negligence are other theories that may be pursued. The law is developing, but these fact situations may justify punitive damages if the activity was grossly negligent or recklessness.  It will be interesting read Kentucky Court opinions as the law develops. Only time will tell whether any of these theories of negligent will be applied to cell phone use.

We all mourned the tragic truck accident in Hart County that was among the nations deadliest in the last 20 years.  The investigation is showing the cause of this accident is due to distracted driving by the truck driver. Kentucky has enacted a law that prohibits texting while driving. This activity would now be a ticketed fine in Kentucky.  Is this really a sufficient deterrent? Should we go as far as Utah and make this an offense that would be considered a murder or manslaughter?  I believe this is something that should be considered.  What is the best way to prevent distracted driving and driver fatigue?

Kentucky drivers and trucks do not get along.  Almost nine percent of the fatal crashes that occurred in 2008 involved trucks.  These figures are consistent with nationwide statistics. This is of even greater concern when you consider that only about 4.6 percent of state’s registered vehicles are trucks.  This disparity in the number of fatal accidents caused by trucks as opposed to smaller vehicles is attributed to the difference in size and weight between large trucks and cars. This is according to the Insurance Institute for Highway Safety. 

Not everyone believes that trucks are more dangerous.  The American Trucking Association contends that trucks don’t cause a disportionate share of the fatal accidents when you take into account the hours and miles that a truck driver will spend on the road in any given day or week.  It is contended that the safety record for trucks is better now than it has ever been.         

I feel safe in saying that the March 26 accident in Hart County will lead to changes in Kentucky’s laws and how they affect trucks.  When a company is fined or has a history of violations, I believe Kentucky needs to be more stringent in its penalties in allowing these trucks on our roads.  We all know these vehicles are more dangerous.  We just have to figure out a better way to monitor them. 

In that vein, a new federal regulation was implemented last month. This regulation requires trucking companies that repeatedly violate driver time limits to install electronic recorders in their trucks. These recorders will keep track of how long a driver spends behind the wheel of a tractor-trailer.  This should be an important tool in preventing trucking companies from manipulating the system and forcing their drivers to log longer hours than they should. 

Interestingly, these monitors are not required for all trucking companies, but only those flagged during on site compliance reviews.  Those flagged are a very small percentage of the trucking companies in the United States.  Should these monitors prove to be effective maybe they will eventually be required on all trucks. 

In hindsight, Hester, the owner of the truck involved in the Hart County accident, had numerous violations. These violations were not found as part of an on site review. Consequently, the new regulation would not have required Hester to place these devices in their trucks. 

Another recent change requires some truck drivers to use electronic on board recorders to replace their paper log books, which were easily forged.  Under the new rule, a carrier must use the device if a compliance review finds that they have violated hours of service rules more than ten percent of the time.  What amazes me is that it is projected that 5,700 interstate carriers will have to use the device after the first year.  This tells me that forging time logs runs rampant and it is a major cause of driver fatigue and fatal automobile accidents that occur.

I hope these rules will make it harder for trucking companies to violate the time requirements for their drivers behind the wheel.  This in turn will keep driver fatigue to a minimum, prevent truck accidents and help keep our Kentucky roads safe.

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.