Articles Posted in Use of Cell Phones

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While most parents recognize that distracted drivers constitute a significant cause of many fatal teen collisions, a recent study by the AAA Foundation for Traffic Safety suggests the problem is even worse than previously suspected.  The recently published study based on an analysis of actual crash video footage from 1,700 teen crashes reveals that distractions are a factor in almost 60 percent (58 percent) of all moderate-to-severe collisions involving teenage drivers.  Although distractions have long been considered a significant cause of teen driving fatalities, previous National Highway Traffic Safety Administration (NHTSA) estimates postulated about 14 percent of teen car accidents were linked to driving distractions.

The study has been lauded as the most comprehensive study ever done that examines the relationship between teen driving accidents and distracted driving practices.  The research was conducted by evaluating six seconds of video footage from data event recorders in vehicles driven by teens involved in crashes.  This emerging technology also provided other significant information about teen distracted driving.  Distractions constituted a factor in 89 percent of road-departure collisions while distracted driving contributed to 76 percent of rear-impact collisions

Types of Driving Distractions Causing Teen Traffic Accidents

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Over the past decade, texting while driving (and other related forms of distraction) has become one of the leading causes of car accidents in the State of Florida and across the United States as a whole. Due to the rise of cell phone usage and all of their associated gizmos, gadgets and applications, it is not surprising that as a result, a car accident occurs approximately every ten seconds in the U.S. Specifically, nation-wide surveys reveal that nearly two-thirds of all drivers admitted to reading text messages or emailing while driving. Even more daunting is the fact in Florida alone, the more than 4,500 accidents that occurred last year were all attributed to some form of distracted driving, with more than 250 linked specifically to texting.

In an effort to increase the safety of Florida drivers, Governor Rick Scott recently signed SB 52, a new law that implements a state-wide ban on texting while driving. Florida has now joined the majority of states that have enacted strict legislative measures against this dangerous practice. As part of the new law, drivers must be stopped by police for a separate traffic infraction before being issued a ticket for texting while driving. The cost of the ticket is $30 for each infraction.

In light of the above, some Floridians are claiming that the law is too weak in that it does not punish texting while driving as a primary offense. In fact, according to one parent whose daughter Continue reading →

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Thumbnail image for Miami Car Accident Lawyers Mobile Texting Pic.jpgIt is astonishing how many people in Miami text while driving. Just yesterday, I observed a person behind the wheel driving down Biscayne Blvd., staring at his phone, texting with both of his hands as his car swerved from lane to lane. We wrote a blog just a couple of weeks ago on why Florida regulators must ban the use of hand held devices in Florida to insure that our roads are safer. Governor Rick Scott finally signed a law on May 28, 2013 banning the practice of texting while driving. This new law should impact how a Miami personal injury attorney can recover damages for a client who was hit by a driver who was texting.

Why driving while texting is a very dangerous practice.

Texting while driving is a very dangerous practice as it draws the driver’s attention away from traffic, road conditions and vehicle operation. Drivers, whose focus is on the device they are using rather than the road, are more prone to missing a red light, a stop sign or even seeing a pedestrian crossing the road. The vehicles these people drive can swerve as indicated above, causing other vehicles on the road to react as well as cause accidents of their own. People who engage in this negligent and reckless practice cause numerous automobile accidents each and every day.

Researcher Joshua Cohen of the Harvard Center for Risk Analysis reported Continue reading →

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It is very common for operators of vehicles in South Florida to use their cellular telephones while driving. Wireless telephones usage while driving is a very dangerous practice as it draws the driver’s attention away from traffic, road conditions and vehicle operation. This is especially true of texting while driving. I have seen some drivers recklessly use both of their hands in an attempt to send a text message while attempting to maneuver their steering wheel with their knees. This negligent and reckless practice is a direct cause of numerous automobile accidents each and every day.

Cell Phone Accident Statistics

Researcher Joshua Cohen of the Harvard Center for Risk Analysis reported on CBS News that they “calculate that around 2,600 people die each year as a result of this use of the technology.” Another 330,000 are believed injured.

In response to the increasing number of automobile accidents caused by the negligent usage of hand held wireless telephones while driving, several state legislatures throughout the Nation have banned both the use wireless phones and the practice of texting while driving. An example of such a ban can be found in the State of California.

California Cell Phone Ban

Under California law, “a person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.” Cal. Veh. Code §23123(a). Under California Law, a violation of said prohibition “is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.” Cal. Veh. Code §23123(b).

Four exceptions are included in the California hand held wireless law prohibition. This prohibition does not apply to the following situations:

  1. “A person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.” Cal. Veh. Code §23123(c).
  2. “An emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.” Cal. Veh. Code §23123(d).
  3. “A person driving a schoolbus or transit vehicle that is subject to Section 23125.” Cal. Veh. Code §23123(e).
  4. “A person while driving a motor vehicle on private property.” Cal. Veh. Code §23123(f).

Although California law permits the use of a hands-free wireless telephone system to talk while driving, the more dangerous practice of texting while driving was entirely prohibited under California law until 2012. In the year 2012, the California Legislature, following improvements in wireless telephone technology, has permitted the use of texting with a hands-free generated system as well.

California Vehicle Code Section 23123.5. specifically provides as follows:

(a) A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, unless the electronic wireless communications device is specifically designed and configured to allow voiceoperated and hands-free operation to dictate, send, or listen to a text-based communication, and it is used in that manner while driving.

(b) As used in this section “write, send, or read a text-based communication” means using an electronic wireless communications device to manually communicate with any person using a text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.

(c) For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call or if a person otherwise activates or deactivates a feature or function on an electronic wireless communications device.

(d) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

Most states which have a ban on the usage of cellular phones while driving follow the California example in that the ban only applies to hand-held wireless devices. Hands-free wireless devices are usually permitted in these states as well.

Why Not Have a Similar Cell Phone Ban in Florida?

Unfortunately, the Florida Legislature has not followed these states and drivers are still permitted to recklessly use their cellular phones and pose great threats of danger on our roads. Might we suggest that all Florida citizens contact their legislatures and let them know that Floridian’s want a ban on the use of hand held wireless telephones while driving to ensure safer roads in our State as well.
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