Category Archives: Car Accident

Voice Texting Bill

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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

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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

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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.

Driver Can’t Remember Crash While Texting and Driving

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The driver of a car that drove into a Richmond business on Tuesday says he cannot recall any of the events leading up to his accident.

Lucas Harrison, 21, of Connersville described to police that he was texting and driving and the next thing he remembers is waking up inside his smashed car with two witnesses next to him outside the vehicle.

“I blacked out, and I didn’t come to until after the accident occurred,” Harrison said Wednesday. “The police officer said I sent a text message four minutes before he got the call (about the accident). And I don’t know if it is some kind of temporary amnesia or something, but I really don’t remember what happened.”

Harrison was driving a Chevy Cavalier which drove passed the center turning lane and two lanes of oncoming traffic, and then jumped over a curb, narrowly missed a sign post of businesses, but smashed into Grandview Medical Equipment through the retail area, out the back of the building, and coming to rest in a parking lot with the back of his car underneath the back wall of the building.
Luckily no injuries occurred.

Harrison passed a sobriety test by paramedics at the scene of the accident. He said he only had a minor scratch on his left arm.  Contact Estey & Bomberger in Los Angeles for a free legal consultation if you or a loved one is ever involved in an accident involving the negligence of someone else.

“I really wish I remembered what happened, but I don’t,” said Harrison, and told police that he “must have hit his head on the roof of the car and got knocked out because he remembers nothing after hitting the curb.”

“I am happy nobody was hurt,” he said. “God was with me because I don’t remember going across the lanes of traffic and I don’t remember anything about the accident.”

Harrison hopes that everyone can learn from his mistake. A $500 traffic citation for using his cell phone while driving was issued to him. Indiana had just banned texting while driving on Friday.

“It definitely gives me a new awareness of the dangers of texting and driving,” Harrison said. “You might think nothing is going to happen, but you never know when anything is going to happen. It is always important to keep your eyes on the road.

“It is sad that I had to be the one to set the example, but I hope everyone can learn from this example and not text while they are driving. It only takes a second with your eyes off the road for something bad to happen.”

Driver on Route 141 Crash Caused from Texting While Driving

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A 19-year-old driver was texting on her cell phone driving on Route 141 Wednesday morning and lost control of her vehicle.

Initial reports state that the driver was a juvenile, however records from the Waldo County Sheriff’s Office say the driver was Courtney Conrady, 19, from Stockton Springs. She was summoned on part of failing to maintain a vehicle after the accident.

Conrady was driving a 1998 Pontiac Grand Prix after 10 a.m. on Wednesday and told officer deputies Gerry Lincoln and Darrin Moody that she “wasn’t paying attention” down Route 141 while she was driving.

The vehicle apparently had drifted into the next lane and Conrady had overcorrected the turn which sent her Pontiac off the road. The vehicle did not flip over and remained on all four wheels the whole time.
Conrady admitted the next day to texting on her cell phone when she looked up and saw she was drifting into the oncoming lane of traffic.

Lincoln and Moody firefighters from the Belfast Fire Department assisted at the scene near the intersection.

Lincoln said the vehicle had minor damage, but Conrady remained unhurt.

Pilot Programs Prove Effective With Texting/Talking While Driving

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NHTSA’s results prove that texting and talking on cell phones while driving have reduced by one third in Syracuse and Hartford due to their new pilot programs.

The government has begun to enforce stricter laws with the use of cell phones and driving. The National Highway Traffic Safety Administration has supported two pilot programs from April 2010 to April 2011 in Syracuse, New York and Hartford, Connecticut, which has a new campaign called “Phone in One Hand, Ticket in the Other,” similar to the successful “Click it or Ticket” or drunk driving campaigns.

The NHTSA provided $200,000 for each of two pilot programs in each state, while the state was also supported with an additional $100,000. The campaigns use law enforcement crack down, insurance companies, and state officials to provide public seminars and newer laws to help keep citizens aware of the dangers of texting and driving. The year-long program was proven to be very effective.

The results show that each state had reduced their cell phone usage while behind the wheel by at least one-third. Syracuse declined about one-third, while Hartford had a 57 percent drop in handheld cell phone usage and a 72 percent drop in texting.

Researchers looked at Hartford and Syracuse before the programs began and found that Hartford had double the amount of drivers using cell phones then Syracuse. Texting while driving fell from 2.8 to 1.9 percent in Syracuse while Hartford had a drop from 3.9 to 1.1 percent.

“These findings show that strong laws, combined with high visible police enforcement, can significantly reduce dangerous texting and cell phone use behind the wheel,” U.S. Transportation Secretary Ray LaHood said. “Based on these results, it is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgement, especially when a half a million people are injured and thousands more are killed in distracted driving accidents.”

Zero Tolerance for Distracted Driving

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Pediatric emergency physician Dr. Charles Nozicka in the Trauma Center at Advocate Condell Medical Center has treated many victims in car crashes as a result from distracted drivers.

He calls it heartbreaking to see the devastating results, especially with teens and children. Summer now poses an even deeper threat to all drivers from the roads being so crowded.

“As an emergency physician and father of four, the issue of distracted driving has been a key component of my professional and parenting practice,” said Nozicka. “Life does not supply our teen drivers with a ‘reset button.’ Studies have shown that distracted driving is as dangerous as driving while intoxicated.”

The U.S. Department of Transportation says 5,474 people were killed on U.S. roadways in 2009, and about 448,000 were injured from distracted driving.

The DOT also states that the main proportion of distracted drivers was those under age 20. Apparently, 16 percent of all drivers who were younger than age 20 were involved in fatal crashes and have been distracted while driving.

The agency states that there are three main types of driving distractions, in which you first take your eyes off the road, then your hands, and then your mind. Texting combines all three making it a dangerous thing to do.

“We must adopt a no tolerance attitude on this issue,” said Nozicka “We have to pay attention to the task at hand. Put the cell phone down. Stop texting and driving. One accident can change a life forever.”

Nozicka says that a statewide campaign is beginning which will raise awareness of the dangers of distracted driving.

“I urge all drivers and parents of drivers to visit the site to learn they can help raise awareness,” Nozicka said.

Smartphones Tied to a Quarter of All Car Crashes

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Cell phones and smart phones are continuing to threaten American drivers each day as motorists continue to text and talk on the phone. The Governors Highway Safety Association conducted a study overlooking 350 scientific documents on the subject and came to the conclusion that drivers are distracted while driving up to half of the time on the road.

While driving and using a cell phone raises risks and dangers of causing accidents, texting and driving is proven to be even riskier than making a phone call while driving. The GHSA has estimated that 15 to 25 percent of all crashes involving fatalities are from driving distractions.

“Despite all that has been written about driver distraction, there is still a lot that we do not know,” said GHSA executive director Barbara Harsh. “Clearly, more studies need to be done addressing both the scope of the problem and how to effectively address it.”

The GHSA would like to see every state improve all efforts to curb distracted driving, recommending that all states ban texting and driving and cell phone use from novice drivers entirely. It also says states should do a more effective job in enforcing laws already out.

Cell Phone Citations are Higher for 2011

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The Cheyenne Police Department has given out 321 citations for the use of cell phones while driving for the first half of the year in the city, meaning the department is now expecting a higher number of citations this year. Last year a total of 481 citations were cited all together.

Department spokesman Sgt. Rob Dafoe says the increase is particularly in part due to special details which have targeted the problem.

“We had a special mobilization, among others, from May to June targeting cell phone use, and we had 63 citations from that effort alone,” he said.

“Talking with some of the officers, it’s like fishing in a tank out there. There are so many people doing it – and honestly most of them have ‘2’ county license plates. They know about the law and are just choosing to ignore it.”

Laramie County license plates begin with the number “2”.

Dafoe states that this and last year’s citations consisted mostly of tickets for talking on cell phones while driving with no hands-free device, and only a small percentage is due from texting.

The city currently has a fine of $125 for talking or texting while driving, and is a primary offense which means officers have the right to pull over anyone who is suspected of cell phone usage behind the wheel.

As of last year, the state now includes a $75 fine for texting while driving which is also considered a primary offense.

Councilman Don Pierson is a former police chief of Cheyenne who voted against the bill when it passed, agreeing that texting should be considered a primary offense due to the attention it takes from drivers on the road, but says talking on the phone should be a secondary offense, meaning officers only have the right to cite someone if they’ve already been pulled over for another offense.

Pierson also add that even though the ban began two years ago, he still has yet to see a study proving the number of reduced accidents in the city limits.

“We were supposed to get that report a year after it went into effect, and I still haven’t seen that,” he said. “If I had to guess, I would say that it hasn’t had a major impact on accident rates. There are a lot of things that distract drivers, and that ordinance really only tackles one thing.”
Council President Mark Rinne says he too would like to see a study along the same lines.

“It would be interesting to see that kind of data, if there is any like it,” he said. “I still see a lot of people ignoring it while I’m driving around.”

New Law Enforcment Reduces Distracted Driving

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Ray LaHood, Secretary for the Department of Transportation, says new strong laws and “highly visible” police enforcement have cut down texting and talking on cell phones while driving by a miraculous number in two cities.

New projects which have been federally funded have measured the increased effects of new law enforcement and public education seminars and campaigns in Syracuse, New York, and Hartford, Connecticut.

“These findings show that strong laws, combined with highly visible police enforcement, can significantly reduce dangerous texting and cellphone use behind the wheel,” says LaHood in a statement. “Based on these results, it is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgment, especially when half a million people are injured and thousands more are killed in distracted driving accidents.”

Each pilot program conducted in both the states was supported by $200,000 in federal funds and $100,000 in state funds. The state labeled the pilot programs as “Phone in One Hand, Ticket in the Other,” which was the main media campaign theme based off the successful national seat belt campaign, “Click it or Ticket”.

Syracuse police have issued precisely 9,587 citations during four periods over the past year for drivers talking or texting on their cellphones while driving. Hartford issued 9,658 tickets during the same period for illegal phone use.

The National Highway Traffic Safety Administration observed the usage of cellphones while driving before and after the new law enforcement crackdown in the two cities which alsooffered public awareness surveys at local DMV’s.

The department stated that both talking on cellphones and texting on cellphones behind an operating vehicle in Syracuse had decline by a third.

Hartford produced even more dramatic results showing a drop of 57 percent, nearly three-quarters, in the usage of talking and texting on cellphones while driving.

The department now says that NHTSA plans to test the same three-part formula, consisting of tough laws, strong enforcement, and public awareness, at now an unidentified statewide level.

A statement from the department says nearly 5,500 fatalities and a half-million injuries were a result from a distracted driver in 2009. Distracted driving traffic fatalities in 2009 account for up to 16 percent of all traffic accidents.

Thirty-four states, including the District of Columbia and Guam, currently have enacted texting-while-driving bangs, while nine states, including the District of Columbia and the Virgin Islands, have banned all handheld cellphone use together while driving.