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?

I met with a client earlier this week to get an update on her recovery. She had suffered a mild traumatic brain injury. At least that is what it is classified as. Anyone who has been around someone that has any sort of “mild” classification knows that the effect that the injury has on life style, work and daily activities is anything but mild. The injury can cause a dramatic change in lifestyle and personality that affects the injured accident victim as well as her family and friends. These cases are sad to say the least.

What got me angry was the fact that this accident did not need to happen. The driver was texting at the time. Their attention was on their phone and not on the road. The result of this irresponsible behavior was an accident that caused an injury that will have to be suffered through and dealt with for a lifetime. What could have been so important? I am anxious to taker the deposition to find out. I thought using a cell phone without an ear piece was distracting, but text messaging? I hope that Kentucky enacts a law banning cell phones with out a hand free device and bans texting in the car during the next legislative session.

I recently read an article that has an interesting solution. A deliveryman for UPS had become so frustrated with drivers talking on the phone that he is developing what he hopes to be a solution that will save lives.  He, unlike me, is putting action to his frustration. Fred Wenz and John Fischer have developed a security device that can block the incoming and outgoing radio signal to and from cell phones. This can be effective for up to a 5-foot radius around the drivers’ seat. The criminal courts have used a similar device to prevent those convicted of multiple drunken driving offenses from driving while intoxicated.

 
Wenz and Fischer have applied for a provisional patent on the device.  The device is called an “Owner Compliance Key”. I hope they can get this device on the market as soon as possible.  As a parent, I believe this would be a great tool to make sure my daughters are not tempted to use their cell phones while driving.  Don’t text and drive! Texting and talking on the cell phone are distracting. The results can be devastating. You may cause a car accident and live with the consequences for the rest of your life.