Voice Texting Bill

A texting-while-driving measure that is being called the “Freedom to Communicate” bill has been signed into law by California Governor Jerry Brown. While it is still officially illegal to text or email while driving in the state, there is a technical modification that allows the communication to continue.

The Freedom to Communicate bill allows voice-activated cell phone technology to send text messages and emails, so that drivers can remain compliant with hands-free laws and still communicate. State Assembly member Jeff Miller of Orange County sponsored this voice texting bill, saying that it is not fair to keep so many Californians who spend much of their time on the road, away from communication and out of touch. He claims that the law will “allow Californians to communicate safely and responsibly while on the road.

California’s anti-texting law has accounted for a 47% drop in cell phone-related deaths, and police officers are going to continue to enforce distracted driving laws in hopes that anti-texting laws continue to show positive numbers.

Opponents of the new law recognize that even with voice technology, cell-phone users are required to press a button to start and stop messages, which requires them to take their eyes away from the road ahead of them. The National Safety Council has called for a repeal, saying that distraction remains present with the new law. Janet Froetscher, CEO of the National Safety Council, said “There is no research or evidence that indicates voice-activated technologies eliminate or even reduce the distraction to the driver’s mind.” Currently, the bill is set to go into effect January 1, 2013.

San Diego accident attorneys Stephen Estey & Mike Bomberger have handled numerous auto accident cases and know that cell phones and text messages account for the largest part of distracted driving accidents. Voice texting is still another form of texting and will still prove to be a distraction, even though the driver will have their hands on the wheel.

Top 10 Distracted Driving Activities

Distracted driving occurs any time a driver takes their eyes off the road, their hands off the wheel or their mind off the task of driving. Distracted driving is a factor in more than one million car crashes and 16% of fatal crashes every year. Drivers engage in this type of multitasking behavior during more than half of their time on the road, and studies show that almost 80% of all crashes occurred when the driver took his or her eyes away from the road ahead of them.

According to a joint study by the Virginia Tech Transportation Institute and the National Highway Traffic Safety Administration, the following are the top 10 driver distractions:

1. Using a wireless device, such as a cell phone: With technology at our fingertips, using cell phones while driving can be tempting. Cell phones aren’t just for making phone calls anymore. Other highly distracting behaviors like texting, updating social media statuses and checking email endanger you as the driver and other drivers on the road. Texting while driving takes the driver’s eyes off the road for an average of 4.6 seconds, and increases the chances of a crash by 23%.

2. Talking and interacting with passengers: Especially when drivers have children in the car, interacting with passengers can be highly distracting. Fussing with seat belts while on the road and engaging in conversation can take your hands off the wheel and your mind off the task of driving.

3. Reaching for objects inside the vehicle:  Cell phones falling under seats, rolling water bottles, out-of-reach cd’s and crying children in the back seat are all dangerous distractions that must be dealt with when the car is in the parked position.

4. Programming radio stations or tinkering with dashboard controls: Changing the station, temperature and programming your GPS are all behaviors that take your eyes off the road.

5. Personal hygiene and beautification-related activities: Using an electric razor, brushing your hair and applying makeup are all activities that should take place at home in the bathroom, not in a moving vehicle.

6. Eating and drinking: Eating, drinking and movements related to consumption are distracting for drivers. This includes unwrapping a burger, opening a soda can and cleaning up the mess you are likely to cause by eating and drinking in the vehicle.

7. External distractions: Looking at objects outside the vehicle, also known as “rubbernecking,” can occur when there is an accident, a funny billboard or beautiful scenery.

8. Talking to oneself or singing

9. Smoking

10.Daydreaming

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Distracted Driving in Florida

Although some ground was covered with Senator Nancy Detert’s proposed 2012 texting while driving ban bill (Senate Bill 416) which advanced through four votes in the Senate, Florida remains one of 11 states that currently does not have any distracted driving prohibitions.

SB 416 was amended from Detert’s original 2011 bill in an attempt to make it more attractive to resistant lawmakers, however SB 416 was never even considered. Current House speaker Dean Cannon opposes “one more layer of prohibitive behavior” by the state government. Even though Florida state records show that during the first 10 months of 2011 electronic distraction caused 2,218 accidents with 145 of those linked specifically to texting while driving, Cannon considers that there are many other distracted behaviors that are at least as dangerous as texting while driving. He maintains that texting should therefore not be singled out.

Republican Will Weatherford will be the next House speaker, and is considered to be open to new ideas. Proponents of distracted driving bans like Sen. Detert and Rep. Irv Slosberg who has filed several pieces of distracted driving legislation, remain hopeful that Weatherford will consider texting while driving bans with more weight than Cannon.

A new survey shows that more than 70% of Florida voters are in support of a statewide ban on text messaging while driving, with Democrats appearing to be more in favor of distracted driving legislation than Republicans.

Bills introduced between 2009 and 2011 were rejected or ignored, as well as five bills in 2012 in addition to the most recent SB416. Dead 2012 legislation includes SB122 that would require driving schools to have course content related to dangers of distracted driving, HB 299 which would completely ban texting while driving, HB 39 to require cited motorists cited for traffic offenses while using handheld wireless communication to appear before a “designated official,” and SB 930/HB 187 which would ban underage drivers from using handheld cell phones.

According to Daytona Beach law firm Politis & Matovina the banning of handheld devices could significantly lower the amount of distracted driving accidents seen in Florida.

Texting & Driving

It comes as no surprise that texting and driving is a cocktail for disaster, but according to a recent study conducted by State Farm Insurance teenage drivers believe that the single best way to deter the practice was to get in a car crash or know someone who has. This comes as discouraging news to the companies, families and national department of transportation that has begun a series of efforts to deter distracted driving. State officials have likened texting while driving to drinking a bottle of liquor in the vehicle. In fact texting while driving is like having consumed four beers or driving the entire length of a football field- blindfolded. Those who text while driving are 23 times more likely to be involved in a car accident.

Wireless company AT&T is asking people to sign a “It Can Wait” pledge in their community colleges and local high schools. Those who sign pledge to never text and drive again. It is part of a statewide anti-texting campaign launched by AT&T in addition to the release of a series of emotional documentaries of the people involved in texting and driving accidents. The commercials, which are distributed on popular youth sites such as Pandora and Youtube, are aimed to show the devastating effects texting while driving can have and to give a face to its victims.

Thankfully 80% of teenage drivers surveyed believed that harsher punishments and increased police enforcement would deter them from texting and driving in the future. September 19 is now officially “No Text on Board Pledge” Day. Students and adults alike are encouraged to pledge to not text and drive for the entire month.

Each year there are more than 100,000 vehicular accidents caused by someone who is texting while driving. At a local high school’s pledge event Tennessee Rep. Jon Lundberg encouraged drivers who are tempted to text while driving to remember, “It can always wait.”