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.

Don’t text while you’re driving.  This is the new buzzword.  You’re seeing it everywhere.  Distracted-driving conferences, new laws in Kentucky prohibiting texting while driving in the hopes of preventing serious automobile accidents.  I’ve seen it on the traffic displays as I’m driving in to work on I-71. I have seen billboards with text language “I dnt txt whl I m drvg”. It is everywhere.

I even heard it on the radio this morning as I was going in.  I was listening to the traffic report on WHAS Radio.  At the end of the announcement the announcer said “If you know of any delays or accidents please call or text to blah, blah, blah”.  Then he said something that surprised me; “But don’t text it while you’re driving.  Pull over to make the phone call or text.”

People are concerned about distracted driving.  It is the new hot topic in our society.  Is it really as bad as everybody is saying?  Oprah thinks so.  She’s had the message sent out to every school in the country.  We all know it but we all know people that do it.  We all know that it causes serious accidents especially me.  As a personal injury attorney in Kentucky I see it almost daily.  Somebody has been texting that has caused a car accident.  When you are looking at the phone you can’t look at the road.  Let’s get the word out.  Tell a friend. By just paying attention to the road lives can be saved and automobile accidents can be prevented. dnt txt & drv!

Can you stop your teenage driver from texting while driving? I am a parent of a 16 year old daughter and a 22 year old daughter. I preach don’t text while diving. Pull over and to the side of the road if you have to use your cell phone. They give the “Okay dad”.  Have I really got through to them? I sure hope so. Distracted driving is dangerous. As a Kentucky personal injury attorney I see lives changed because a teenager was looking at a text message as they ran a red light.

Now there is help for us frustrated parents.   There is a new smart phone app that hopefully helps prevent texting and driving and consequently deadly fatal accidents.  iSUP is a new product that is will hopefully be a weapon that will be used to help solve this problem.  The app comes to life when it detects that your phone is traveling at a speed of over 5 miles per hour.  When it detects this speed it locks down the phone screen.  The user is not able to dial a phone number, launch an app, read or compose a text message. 

There is some access. You can dial an emergency number such as 911. You can also select a few numbers that have been preapproved that will not be locked down.  Access will also be allowed to some apps such as Google maps and navigation apps. 

This lock down does create problems if you are a passenger or the so-called designated texter. If the app is enabled on the phone the passengers’ screen will also be locked down. The inventors of iSUP are looking into overrides. 

Another new app is called Zom Safer.  This app will put your phone in safe mode and lock down your screen. In other words you cannot dial the phone or enter a text message. This app will allow you to make hand-free calls. 

You might want to check out one of these apps if you have teenage drivers.  iSUP is only $5.00 per month and could prevent a serious Kentucky automobile accident caused by distracted driving or texting and driving.

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.