Stop Cell Phone Distraction

As an experienced Nashville automobile accident attorney I try to find relevant information that will educate my clients and Blog readers about Tennessee highway safety issues. A recent article from the website of the National Safety Council reviews studies done on the public attitude about distracted drivers. I reprint it here for your review. After you read it feel free to pass it on to your friends and family members.

The public strongly supports legislation to curb distracted driving, according to 20 public opinion surveys from 2001 – 2009 compiled by the National Safety Council. The surveys looked at behavior, attitudes about risk and support for legislation banning driver activities, such as talking on a cell phone.

The surveys are from the AAA Foundation for Traffic Safety (AAAFTS), Harris Interactive, Liberty Mutual Group, Nationwide Insurance, New York Times/CBS, Pew Research Center and Quinnipiac University Polling Institute.

The survey results are summarized below.

Legislative Support Summary

• Current public support for laws banning texting is very high at 80 to 97 percent, according to three surveys conducted in 2009 by Nationwide Insurance, New York Times/CBS and Quinnipiac University.

• Public support for laws banning handheld phones has been consistently high since 2001, with support levels of 73 to 86 percent. Most polls report at least 80 percent support, according to 10 national and state public opinion polls conducted from 2001-2009.

• Nearly 43 percent of the public supports a total cell phone ban, which includes banning handheld, hands-free and texting, according to the AAAFTS in 2009.

• Nationwide Insurance’s 2009 survey found 57 percent of respondents strongly or somewhat support total bans on cell phone use while driving, including banning hands-free.

• The public is quickly understanding the risks of texting while driving. According to a 2009 AAAFTS survey, 95 percent of respondents rated texting while driving as completely or somewhat unacceptable and 87 percent said texting or e-mailing while driving is a very serious threat to safety.

• Public support for legislation banning texting and/or e-mailing while driving is very high, ranging 80 to 97 percent (Nationwide, New York Times/CBS and Quinnipiac).

Risk Perception

• National and state surveys since 2001 show the majority of voters believe laws banning cell phone use while driving would increase safety.

• Public risk perception has in recent years shifted from “slightly or not dangerous” to “very dangerous.” Surveys in 2009 showed 71 percent of the public rated talking while driving on a handheld phone as “unacceptable” (AAAFTS). And 64 percent agreed talking on cell phones while driving is “dangerous” or “very dangerous” (Harris).

• In recent years, the public is rating cell phone use as more serious than other driver distractions (Nationwide).

• Despite public belief in the danger, nearly three out of 10 participants in a 2009 AAAFTS survey admitted to talking on a cell phone while driving fairly often or regularly in the preceding 30 days.

Handheld vs. Hands-Free

• The following has remained consistently high throughout the decade:

Support for legislation banning handheld phones

Belief that banning handheld phones will increase safety

Belief that talking on handheld phones while driving is a threat

• Public risk perception has been lower for hands-free devices than handheld phones, but support is growing for bans on both, according to recent findings of several organizations.

• Public knowledge and opinion about the risk associated with hands-free phone conversations do not yet reflect scientific evidence. In December 2009, NSC compiled 30 studies that compared talking on handheld and hands-free phones while driving. The studies found no increase in safety from using hands-free phones.

Texting

• According to CTIA-The Wireless Association, the recent increase in text messages sent per minute is dramatic:

2000 — 319

2005 — 223,595

2007 — 1,095,163

2008 — 2,509,750

• Despite majority public belief that texting is a serious threat to safety, the percentage of teens and adult drivers who report texting while driving is shown in multiple polls to be increasing (Nationwide, AAAFTS, Harris and Pew Research Center).

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a distracted driver contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and take advantage of free consultation to learn about your rights and remedies.

Medical Emergency or Texing?

Back on October 12, 2009, in my blog The Tennessee Auto Accident Attorney I wrote about a fatal Nashville interstate accident involving an ambulance and a TDOT road safety truck. For some unknown reason the ambulance rammed into the rear-end of the TDOT truck. In my blog I asked the question, “How does an accident like this happen?” In an accident report released yesterday we still aren’t sure, but investigators have boiled it down to one of two reasons, texting or a medical emergency.

An article on the website of WKRN TV in Nashville reports that a medical emergency may have been the cause. It appears that the deceased ambulance driver suffered from narcolepsy and epilepsy and had a history of seizures. In fact, the report says that he had a similar accident ten years ago when he suffered a seizure and swerved off the road and struck a utility pole. At the time his license to drive was suspended but it was later reinstated.

Toxicology reports showed an increased level of amphetamines in his system from his anti-narcolepsy medication but showed none of the traces of his epilepsy medication.

Telephone records also show that the driver was sending and receiving text messages at the time of the accident. As an experienced Nashville automobile accident/personal injury attorney I’m somewhat astounded by the medical findings. How in the world could a man suffering from these conditions be considered for employment as an ambulance driver in the first place? I don’t represent the victims, Ms. Sue Bly, or TDOT worker Mr. Robert Green, who recently underwent brain surgery as the result of this accident, but if I did, I would certainly be asking the employer to answer that question.

If you or a loved one is injured or killed in a Nashville, Tennessee automobile accident caused by a driver with a serious medical condition or one who was texting while driving you owe it to yourself to contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Teach Your Children Well

In 2008, 125 families buried a teenager following a crash on a Tennessee roadway. October 26 – 31 is National Teen Driver Safety Week and the Governor’s Highway Safety Office is working to save the lives of teens by asking Tennesseans to step up and talk to teens about important issues like wearing a safety belt, avoiding distracted driving and discouraging underage drinking.

“Traffic crashes are the leading cause of death for teens in America and it is up to all of us to work to reverse this trend,” said TDOT Commissioner Gerald Nicely. “TDOT and the Governor’s Highway Safety Office are out in schools talking to teens about safe driving practices and these efforts are working and saving lives, but we need parents and friends to do their part and talk with teens about safety behind the wheel.”

In 2006, 185 teens died on Tennessee roadways. In 2007, that number was reduced to 168 and dropped to 125 in 2008. Still, mile for mile, teenagers are involved in three times as many fatal crashes as all other drivers.

Several initiatives have been forged to battle these senseless losses. Between the Barrels,Thinkfast® Alcohol Awareness Interactive Game Show, the ‘Tennessee Secondary Schools Athletic Associations (TSSAA) DUI Highway Safety Education Team presentations, the Blake McMeans’ Alive to Tell the Story, the Ford Motor Company Fund’s Driving Skills for Life, and an annual Lead and Live Youth Conference are all projects conducted in Tennessee to educate teens.

TDOT’s Between the Barrels delivers a powerful message about the importance of safe driving, especially in highway work zones, to thousands of Tennessee high school students each year. Thinkfast® combats underage drinking and drug abuse through hundreds of events annually for high school and college students. TSSAA’s Stephen Bargatze uses magic to get the attention of the students and discuss highway safety issues with them, while Blake McMeans travels the state sharing his story with high school and college students about how drinking and driving changed his life forever. Ford’s Driving Skills for Life teaches newly licensed teens about vehicle handling, speed management and space management and the Lead and Live Youth Conference is held annually to focus on numerous driver safety issues.

“It is the mission of the Governor’s Highway Safety Office to keep families safe on Tennessee’s roadways,” said Director Kendell Poole, GHSO. “It’s a big job and it’s going to take the entire community – parents, teachers, neighbors, friends and teens themselves – working together to drive the message home to ensure the health and safety of all Tennessee teens.”

Teens should avoid alcohol and parents should never promote underage drinking. Underage drinking is against the law and comes with adult consequences. Teens also need to remember whether driving across town or just around the corner, wearing a seat belt is the best protection from severe injury or even death in the event of a traffic crash. It’s also the law in Tennessee. Wearing a seat belt costs nothing, but not wearing one can cost a life. Also, TDOT reminds teens and all drivers that distracted driving, like texting while driving, is a dangerous practice. Texting may be a convenient way to communicate but it can be deadly when done from behind the wheel of a vehicle. Texting while driving is also against the law in Tennessee.

The Nashville staff and attorneys at Phillip Miller & Associates urges all adults to be mentors and good examples to teens. Remember, they learn from us and that means the bad habits as well as the good.

If you or a loved one is involved in an Nashville automobile accident involving a teen driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out out about your rights and remedies.

To Text Or Not To Text

In July Tennessee’s new prohibition against texting while driving took affect. The law was a response to the rising rate of fatal accidents taking place because drivers are distracted by typing out and reading text messages. Tennessee is not alone among the states, at least several dozen states and the District of Columbia have banned texting while driving and several other have banned it for drivers under 18 years of age.

The Associated Press reported today, and the report was carried by numerous outlets, that at least 22 states that ban texting while driving offer some type of service that allows motorists to get information about traffic tie-ups, road conditions or emergencies via Twitter. It is a mixed signal that some safety experts and politicians say could be dangerous.

The AP report quoted Minnesota State Rep. Frank Hornstein, who helped write his state’s no-texting-while-driving law. “You shouldn’t be fiddling around with any kind of electronic gadget in your car while driving,”

According to the Governors Highway Safety Association, nineteen states and the District of Columbia have banned all texting while driving, and eight others prohibit texting by younger drivers only. Many of these laws essentially bar people from fooling with their smart phones in any way behind the wheel; in some cases, just reading from a mobile device is against the law.

Some supporters of text-messaging bans say that states that provide traffic information via Twitter are undermining these laws. The article goes on by saying “I would guess that the states wouldn’t intend to be sending a mixed message, but it sounds like it could be a mixed message,” said Judie Stone, president of the Washington-based Advocates for Highway and Auto Safety.

Numerous state transportation officials across the country say they are not encouraging people to get online behind the wheel. They say drivers should read their tweets before hitting the road. Other places offering traffic information via Twitter include: California, Colorado, Delaware, the District of Columbia, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New York, North Carolina, Oregon, Tennessee, Texas, Utah and Virginia.

I’ve blogged numerous times about this issue. During the debate this year in the Tennessee Legislature prior to the texting ban it was clear that the dangers of texting and driving are well documented. The Virginia Tech Transportation Institute found in July that when truck drivers texted, their risk of a collision was 23 times greater. Dialing a cell phone and using or reaching for an electronic device raised the risk of collision about six times in cars and trucks. Research shows that driving while using a cell phone can pose a serious cognitive distraction and degrade driver performance.  The National Highway Traffic Safety Administration (NHTSA) estimates that driver distraction from all sources contributes to 25 percent of all police-reported traffic crashes.

So what’s the message? On one hand they tell you not to text and drive and on the other they tell you to Twitter the TDOT and find out about road conditions. To paraphrase Tonto, the Lone Ranger’s trusty sidekick, “Kimosabe, state agencies speak with a forked tongue.”

If you or a loved one are injured in a Tennessee automobile crash caused by a driver who is texting contact one of our experienced

Tennessee automobile accident attorney’s and find out about your rights and remedies,

On July 23 I blogged about Tennessee’s newly enacted law prohibiting texting while driving a motor vehicle. Enforcement of this law might prove to be a difficult task and I encourage each and every one of you to do your part and report any violations you might witness. An officer may not be able to issue a citation because of your call but it might be an opportunity for the offending motorist to get the message that texting while driving is not only dangerous but your call just might save another’s life. As an experienced Nashville car accident lawyer saving lives is our paramount goal.

How big of a problem has driving while texting become? The Associated Press reports that the problem is growing, as has the death toll, and has caught the attention of U.S. Secretary of Transportation Ray LaHood who next month will convene a summit of experts to try and figure out how to address this issue.

It seems intuitive that the simple answer would be to ban texting. But as Secretary LaHood points out, “…past safety initiatives like seat belts have shown that a simple ban often isn’t enough to get drivers to change their habits unless it’s accompanied by education and enforcement. Remind your family members that texting is dangerous and to report violations immediately. If you are involved in an automobile accident in Tennessee and you think the other party was sending or reading a text, note immediately note the time of the accident. An experienced Nashville car accident lawyer will be able to use the other party’s cell records to determine if text messages were sent or received during the time of the accident and that will allow them to establish liability.

If you are the victim of a Nashville or Tennessee automobile accident we urge you to contact our car accident attorneys today for a free consultation. When you hire an auto accident attorney from Phillip Miller & Associates, you’re getting a qualified and dedicated lawyer. Details about our attorneys and staff can be found by viewing our website at www.seriousinjury.com where you can get to know the men and women who will be looking out for your best interest.

Driver Distractions Can Prove Fatal- A brief look at handheld communication devices and the law in Tennessee

It shouldn’t take a Tennessee automobile accident lawyer to tell most thinking people that driver distractions can prove fatal. Have you ever been driving along and you look over at the driver next to you and see that he is reading a newspaper or book? How often have you been following a car down the road and observe that the vehicle is swerving back and forth across the lane, or slowing down to a crawl, only to find that the driver has a cell phone stuck in their ear while the chat away without paying attention to what it is they are doing behind the wheel of a three thousand pound deadly weapon? Along with handheld technology advances these distractions have become an everyday affair for law-abiding drivers.

As a Tennessee automobile accident lawyer it is my responsibility to advise my clients of the pertinent Tennessee vehicle laws relating to these devices. Tennessee has several specific laws dealing with cell-phone use while driving. The first law prohibits drivers with a learner’s permit or an intermediate license from using a mobile telephone while operating a motor vehicle. If a driver with a permit or intermediate license is caught driving while using a cell-phone they will be fined $100 and may receive delayed eligibility for their next license type. This law does not permit the use of a hands-free device. The other law prohibits the driver of a school bus from using a cell-phone while the bus is in motion and transporting children.

The newest legislation relates to text messaging. Beginning July 1st, 2009 text messaging is banned for all drivers. “Using a hand held mobile telephone or a hand held personal digital assistant to transmit or read a written message while such vehicle is in motion”.  Deaths due to texting while driving have already occurred in other states, let’s try to avoid having fatal car wrecks in Tennessee due to texting.

We remind you that when you get behind the wheel of a motor vehicle you are responsible for your own life, your passengers and all of the other drivers that you encounter. That is a big responsibility and we hope you take it seriously.