Alabama Personal Injury Blog - Texting

Get Off the Phone

Gaines Drago — Tue, 03 Nov 2009 16:55:28 GMT

Every year, well really every month for that matter, our cell phones appear to be able to perform more and more functions. They truly have become computers in the palm of our hand connecting us to anyone at anytime. Unfortunately, their distracting nature is causing tragic accidents on our road ways.

I was in Orlando, Florida, last weekend visiting a friend, and venturing out to the wonderful world of Disney. I had not been a passenger in a vehicle in a long time so I decided to watch the number of drivers who were texting not talking, and to my amazement I counted nearly one hundred. This is completely crazy to me. In order to text unless you are thirteen and just have a supernatural ability to type on your phone without looking texting requires you to lower your eyes and view the screen, thereby taking your eyes off the road. This was extremely alarming considering we were blazing down the Interstate 4 at speeds of at least 70 mph.

I know that since the radio was placed in the car people have been shouting about the dangers of distracting the driver and very little headway has been made. But texting is simply too much. Unfortunately, we usually wait until something happens that affects our own lives to initiate change, but in this case I urge you to impress upon your State legislators to pass legislation that outlaws the use of cell phones while driving. There is simply no need for such a distracting practice to be allowed. So please put the phone away when you are on the road ways.

Originally posted at InjuryBoard by Gaines Drago

Drive when you Drive!

Jon Lewis — Thu, 13 Aug 2009 12:38:36 GMT

Have you heard? People are texting while driving. Yes, really! They are talking about passing laws to prevent this, and Leonard Pitts, Jr. wrote a good editorial with a quote, "Common Sense Should End Texting and Driving." In other words, do we really need laws to make people stop this activity? Well, we need them for drinking and driving, so I guess so. Problem is, how do you enforce it?

Think about what you are doing when you are talking on the phone or dialing a number or texting. Your mind is taken off the road. You are no longer driving defensively which is what you are taught in drivers education in high school. In reality, you are driving recklessly. As Mr. Pitts points out in his article: Is that score that important? Could you wait to message a friend? Is the call urgent? Probably not.

10-15 years ago, we didn't have as many cell phones in cars, and even when we did, we couldn't e-mail and text and get on the internet from our phone. Did we survive? Could we wait for that message? Could we just use the phone when we got home? When did everything become so urgent in society? We have to have it now.

Next time you think about using the cell phone in your car, think about others. Is there a child in your car you are putting at risk? What about the other motorists on the roadway? It takes a split second for a vehicle to inflict irreparable damage. Just Think about it!!

Originally posted at InjuryBoard by Jon Lewis

Motorist reaching for cell phone hits and kills cyclist in Scottsboro

Danny Feldman — Mon, 03 Aug 2009 09:59:04 GMT

Recently, a tragic event occurred which ended a man's life when a young woman hit and killed him as, at least according to reports, see http://www.wkrg.com/raw_news/article/cyclist-killed-by-driver-reaching-for-cell-phone/224408/Jul-31-2009_8-18-am/ when she was distracted while reaching for a cell phone.

What this event points out is what all of us who drive while using the cell phone, texting, or while otherwise distracted know - and that is - that operating a motor vehicle takes concentration and that being distracted from concentrating while driving greatly increases the chances that we are going to crash and hurt or kill ourselves or others. Really, who among us hasn't missed a turn or run a stop sign while having our focus off the road and on our phone or radio or child in the back seat? While some distractions are unavoidable - a screaming child - many are not. For example, using a cell phone is a choice that we make. Given that we know, both from many recent studies and from the inescapable fact that we "live and breathe" and have personally experienced the level of distraction that a cell phone causes, the question that I have is WHY? Why do we use these devices that we know increase the risk of a tragedy like the one that recently occurred in Scottsboro?

A few reasons come to mind: (1) we don't think it will happen to us; (2) closely related to the first, we've done it before and not wrecked so it’s not going to happen; (3) we just don't carefully weigh the increased risks with the miniscule benefit of making the call. What it comes right down to is that we are selfish and we end up putting our own needs and convenience in front of societies’ well being.

I confess that I am as guilty as the next person - I have made calls, texted etc. while driving. Given that I am an avid cyclist, this story rings close because there, but for the grace of God, go me - I could have been the unfortunate cyclist who was killed. However, the fact of the matter is that although I cycle 6,000 miles a year, I drive 2-3 times that many miles. In other words, I also am an avid motorist, and there, but for the grace of God, go me - I easily could have wrecked and injured or killed someone while driving distracted.

We are human; accidents happen. We don't have to increase the chances of events like this occurring by talking or texting on the phone while driving. As for me, I am recommitted to turning off my cell phone in the car, and if I really need to make that call, it won't be the end of the world if I pull off the road to do it.

Originally posted at InjuryBoard by Danny Feldman

Teen threatens to sue for falling in sewer while texting

Danny Feldman — Mon, 13 Jul 2009 09:13:10 GMT

This is the kind of headline that tends to aggravate reasonable people. Apparently, a New York teen fell into a sewer while she was texting. See story at: http://www.msnbc.msn.com/id/31853449/ns/local_news-new_york_ny/?GT1=43001 City personnel had removed a manhole cover while they were flushing out the sewer. Fortunately, the teen suffered only scrapes and bruises. Her mother now is promising to sue.

I don't know about the law in New York, but in Alabama, this young lady will find it very difficult to get any lawyer to take her case because, quite frankly, it's a loser.

First, even assuming that the City was negligent, and it sounds like they were given that pedestrian traffic should have been diverted when the manhole cover was taken off, or failing that, they should have placed cones or warning signs around the uncovered hole to prevent someone from falling in - the teen cannot recover if she too was negligent, and her negligence was a proximate cause (but for cause) of the incident. In other words, even though the City was negligent, because the texting teen also was negligent, there will be no recovery. I simply do not believe that many plaintiff lawyers will conclude that they can convince 12 out of 12 jurors that being oblivious to your surroundings because you are busy texting (even something as important as where you are planning to "chill" later on) is not negligent conduct and that but for that conduct the incident would not have happened.

Can this teen sue? Sure. Is she likely to find a lawyer willing to work on this matter with almost no chance of recovery? Pretty unlikely. If she does sue, will the suit result in her receiving any money? At least in Alabama (and I suspect the same is true in New York as well), the chances are virtually nil.

Originally posted at InjuryBoard by Danny Feldman

Two Dead in Jefferson County Crashes

Jon Lewis — Tue, 30 Jun 2009 09:40:00 GMT

On Saturday, August 27, 2009, the Birmingham News reported two wrecks which killed two people. The first involved a motorcycle and a pickup truck. This occurred on Second Avenue North in Jefferson County, Alabama. According to the News, the pickup truck driver did not see the motorcyclist and turned left in front of him.

How do these happen? Typically, motorcyclists are very careful drivers (not always, but in many cases). The problem, however, is motorists do not see motorcyclists. Given their small size and, many times, dark colors, cars have difficulty seeing them. Usually, the motorcycles have to have their headlight on. I'm not sure about this situation given the story, but what we need to learn from this is people need to be more careful when they are on the roads because motorcyclists and bicyclists have just as much right to the road as cars and trucks.

The second death occurred when a woman was getting her mail in Grayson Valley. An SUV collided with a car, flipped, and hit the woman. This collision happened on Watson Road. The drivers of both vehicles were sixteen years of age. Apparently, the driver of the car didn't see the SUV and pulled out in front of it.

What can we take from this collision? Maybe teenagers need more training before we give them the keys to a car. Many states have differing laws for teenage drivers. Some have to continue their training after getting their license. Some states don't allow teenagers to drive at night. With cell phones and texting proliferating, it is inevitable that teenagers will use poor judgment and use those devices in their cars. How can we stop that? I'm not saying that that was the cause of this fatality, but it is sure to happen in the future, and we need to consider these issues.

Originally posted at InjuryBoard by Jon Lewis

Don't Text or Use a Cell Phone while riding a bicycle

Danny Feldman — Thu, 11 Jun 2009 18:57:29 GMT

This is a continuing blog in a series of blogs regarding annoying or dangerous cycling behavior. It really goes without saying, doesn't it? - Don't text or talk on a cell phone while cycling.

Its embarrassing to me to admit that I have done both. No excuse really, just replying to my wife or kids about mundane topics like where we are going to eat later etc. Obviously, while talking or texting you are distracted from what is going on in the road. Unlike a car, most of the time, it takes two hands to steer/control your bicycle and while talking or texting at least one hand is on the phone and not on the bike. It's just plain stupid! Also, unlike a car, on a bike you are not protected by a ton of steel and plastic.

Given the fact that talking or texting while riding is so obviously dangerous, you wouldn't think that people engage in this behavior; but they do. I have - and I vow not to to do so anymore.

Originally posted at InjuryBoard by Danny Feldman

Another Death From Texting?

Billy Cunningham — Sat, 25 Apr 2009 13:35:30 GMT

This past week a legal secretary I knew died in an automobile wreck when she crossed over the center line and struck an oncoming car. Apparently, she was texting when she veered over and could not have been paying attention to the job of safe driving. She left behind a 5 year old.

The National Safety Council reports that 80% of all wrecks are caused by inattention. http://www.nsc.org/resources/issues/distracted_driving.aspxCar Wrecks are the number cause of accidental death in the US. Outlawing texting has become the subject of laws in several states. On April 10, 2009, Gov. Barbour of Mississippi signed a bill effective July 1 banning young drivers from texting. The fine under this act can be as high as $500 and if an accident is involved the fine can be $1,000. Mississippi joins 9 other states banning novice drives from texting (Delaware, Kansas, Maryland, Nebraska, North Carolina, Oregon, Texas, and West Virginia) Why ban just young drivers? 10 states ban texting for all drivers (Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Utah, Virginia, and Washington and the District of Columbia)

In researching this, I read articles and blogs opposing a ban on texting. The reasons seem inane to me. Like- “Why not ban drinking water-it is distracting, too” “Laws are made to be broken” If you follow that logic then we should do away with laws prohibiting running stops signs.

I have started a little nonscientific research project- counting the number of drivers I see talking on the cell phone. Right now, in city type driving the average is about 4 in 10. To combat cell phone distraction, some states and local governments have passed various laws to control cell phone usage. According to the Insurance Institute for Highway Safety, 6 states (Illinois, Massachusetts, Michigan, New Mexico, Ohio, and Pennsylvania) specifically authorize a locality to ban cellphone use. Localities that have enacted restrictions on cellphone use include: Chicago, IL; Brookline, MA; Detroit, MI; Santa Fe, NM; Brooklyn, North Olmstead and Walton Hills, OH; Conshohocken, Lebanon and West Conshohocken, PA; and Waupaca County, WI. Interestingly, localities are prohibited from banning cellphone use in 8 states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, Oregon, and Utah). The use of all cellular phones while driving a school bus is prohibited in 17 states and the District of Columbia. ( I cannot imagine any reason other than an emergency for a school bus driver to be talking on the pohone while driving!) The use of all cellular phones by novice drivers is restricted in 20 states and the District of Columbia.

The National Safety Council offers a Distracted Driver CD to help businesses inform and educate employees about the risks of using hand-held and hands-free communication devices while driving. It also assists organizations in creating and implementing a distracted driving policy as well as in gaining employee buy-in. It also includes tools to help reinforce the policy company-wide. On the CD is the NSC Motor Vehicle Safety Policy. This document, with its comprehensive section on distracted driving, is designed to serve as a model for any company. It includes a Statement of Acknowledgement, which employees must sign and return to their supervisors. A similar acknowledgement statement is part of the sample Generic Cell Phone Policy. Your business and family may find this CD and its tools helpful in protecting your co-workers and loved ones.

The bottom line to all this is that we all need to be more attentive when driving to protect ourselves and others.

Originally posted at InjuryBoard by Billy Cunningham