Posts Tagged ‘Texting While Driving’

Texting While Driving Continues to Pose Major Road Risk

Wednesday, September 29th, 2010

cell phone use while driving 300x195 Texting While Driving Continues to Pose Major Road RiskA new study released last week, based upon U.S. government data,  confirms what our Chicago wrongful death lawyers have been saying all along:  driving and texting is a recipe for disaster.

The researchers, led by assistant professor Fernando Wilson of the School of Public Health at the University of North Texas Health Science Center at Fort Worth, looked at data spanning nearly the last decade.  The results were published in the American Journal of Public Health.  The researchers looked at data from the National Center for Statistics and Analysis’s Fatality Analysis Reporting System, comprehensive a agency which records all deaths occurring on public roads in the United States.

What they found was staggering.  From 2001 to 2007, more than 16,000 people were killed in accidents involving a texting driver.

And the number of distracted driving deaths is only increasing.  In 2007, accidents involving cell phone use or texting resulted in 4,572 deaths.  In 2008, such behaviors resulted in 5,870 deaths.  The nearly 1,300 additional deaths represent an increase of 28%, or almost one-third again as many deaths.  The researchers stated that this increase was caused almost entirely by texting while driving – although cell phone use has remained relatively flat in recent years, texting has increased rapidly.

And lest you think that these rates are happenstance, or that the deaths are coincidence, consider the following:  the researchers found not only this staggering death rate, but an increase in particular types of crashes.  For example, growing numbers of accidents involve crashes into trees, light poles, and other stationary objects, the hallmark of a driver too distracted to even watch the road and keep his car on course.  Our Chicago car accident attorneys have seen the increase in such textbook distracted-driving accidents.

FocusDriven, an organization that advocates against distracted driving, puts the problem properly in perspective.  As board member Jennifer Smith has noted, the 5,000 annual American deaths from cell phone use and texting while driving is roughly equivalent to a commercial passenger airplane crashing every week for a year.  As Ms. Smith noted, “If that was happening, they would ground all flights until they figured out what the problem was and they solved it.”

But cell phone use, and texting, are wildly popular.  Although people are frightened of others engaging in these behaviors while driving, many people – including our lawmakers – engage in them themselves.  That makes getting effective legislation in place extremely difficult.  Our Chicago wrongful death attorneys echo the sentiments of FocusDriven:  if anything else were causing these numbers of deaths, our legislators would have acted by now.

Other research, which our injury attorneys have previously discussed, shows that texting while driving increases the risk of an accident by about the same amount as driving drunk.  Although many, including lawmakers, have an immediate reaction of doubt when they hear this, the research was straightforward and undeniable:  when the overall accident rate is compared to the accident rate of those driving drunk and those driving while texting, we see accidents increase by the same rate in each group.

The research released last week thus adds yet another troubling layer to the debate over cell phone use while driving.  The researchers found that drunk drivers are also more likely to use a cell phone or text while driving, perhaps because of lowered inhibitions and awareness of risk.  As if each of these behaviors alone were not dangerous enough, innocent drivers and pedestrians are thus faced with drivers engaging in both.

The government response:  a “summit” held in Washington, D.C., at which our leaders and lawmakers called for tougher laws to combat this growing menace.  While such a show is certainly appropriate, it is no longer adequate.  We call on our leaders to stop talking, and lead.

Not that there has been no government action at all.  Although this action has been stunted and truncated, it is happening, slowly but surely.  For instance, at the beginning of the year, truckers and other commercial drivers who use interstate highways were prohibited from sending text messages while on the road.  And the City of Chicago has banned the use of hand-held cellphones while driving.  That leaves a patchwork of surrounding suburbs and unincorporated areas unprotected, however, and many of the governing bodies of these areas have voted against appropriate restrictions.

Slow and steady is no longer acceptable.   We simply must have a statewide ban, in every state, on the use of hand-held cellphones and other text-messaging devices while driving.  Ideally, we would also have a federal ban on such behavior on interstate highways, by private drivers as well as commercial.

In the meantime, the innocent victims of distracted driving must stand up to these wrongdoers.  If the government will not protect us from distracted drivers, then we must protect each other – by bringing civil actions against such drivers when they injure the innocent, and thereby making drivers think twice before picking up the smartphone.

For a free consultation with an experienced Chicago wrongful death lawyer at Passen Law Group, call us at (312) 527-4500.

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Park Ridge Rejects Distracted Driving Ban

Friday, August 20th, 2010

After meeting with clients who have been critically injured or whose family members have been killed in accidents caused by distracted drivers taking on their cell phone, texting, or surfing the internet using their “smartphones,” our Chicago truck accident attorneys have written in great detail about the dangers of distracted driving.  Yet, in the latest area government failure, the city council of Park Ridge voted last Monday against a measure that would have put in place an ordinance banning drivers from using cell phones that are not hands-free.  We are profoundly disappointed.

Park Ridge, a suburb in northern Cook County, Illinois, follows procedures where a majority vote of aldermen is required to advance any measure or ordinance to the full city council.  The measure banning non-hands-free cell phone use, unfortunately, failed on a tie vote.  The three aldermen opposing the measure stated that they believed such a measure would be either unenforceable or selectively enforced.  Our personal injury lawyers take issue with this reasoning, since the City of Chicago and federal government (with respect to commercial truck drivers) has already passed similar bans.

Shockingly, Alderman James Allegretti based his vote against the measure on an illogical rejection of the facts demonstrating the dangers of distracted driving.  After the vote, Alderman Allegretti specifically stated his disbelief of the studies demonstrating that driving while using a handheld cellphone is as dangerous as driving drunk.  He stated that, “People pull these things out of who knows where.  I don’t know that these statistics are valid.”

Alderman Allegretti should be ashamed of letting his own ignorance stand in the way of critical safety legislation.  The study to which he refers looked at the rate of accidents among drivers using a handheld cellphone, and found that accidents occur four times as frequently when a handheld cellphon is used.  They also looked at accident data involving drunk driving, and found that drivers who are intoxicated also have an accident rate about four times greater than sober drivers.  People, Alderman Allegretti included, simply choose to believe that, because these two behaviors “feel” very different to them, they cannot have the same result.  Perhaps this is why 81% of Americans still persist in this behavior.  But an individual’s uninformed opinion of the risks simply cannot change the data.

The Aldermen who supported the measure, by contrast, are well informed.  The measure itself cites a 2008 study by the National Traffic Safety Institute, a 2006 study by the University of Utah, and the related comments of U.S. Secretary of Transportation Ray LaHood.  These Aldermen also have anecdotal evidence of the dangers of distracted driving.  One of them, Alderman Donald Bach, stated that he was nearly struck on his way to the meeting at City Hall by a woman driving while talking on a handheld cell phone.

This inaction is particularly frustrating as the measure itself, which should be staightforward and noncontroversial, has been under debate for nearly nine months.  And the City Council did not even take independent action in starting the debate:  a resident, Stephanie Kunz, had to ask them to consider such action.  Ms. Kunz should be proud of her concern and initiative.  The council should be chagrined that it was required.

At the same time, the city council considered a resolution asking the Illinois general assembly to pass a statewide law banning cell phone use that is not hands-free.  This measure also failed on a tie vote.  Interestingly, however, the Aldermen supporting each of the two rejected measures opposed the other.  Alderman Robert Ryan, who supported the local ordinance but voted against the resolution seeking action in Springfield, explained his position with words that ring true to many:  “I don’t expect our state to take a leadership position on a whole lot of stuff right now.”

Springfield might soon be fiscally motivated to take action, however.  The Senate Commerce Committee recently entertained legislation, called the Distracted Driving Prevention Act, which would provide grants to states who enact state legislation banning texting and the use of handheld cellphones, and the use of any cellphones by those under 18.  Chicago auto accident attorneys have previously urged the Senate to pass this legislation as soon as possible, and continue in our support of the bill, and of state action regardless of whether the federal bill is passed.

There is still some hope for both failed Park Ridge measures.  One Alderman, Thomas Carey, was absent from last Monday’s meeting.  Thus, with his support the measures could potentially be revived and advanced to the council.

Park Ridge is, sadly, not alone in its inaction on this crucial issue.  Very few Illinois municipalities have taken action to ban driving while talking on a cell phone.  Among those that have are Chicago itself, as well as Evanston and Winnetka.  There is now, however, a state ban on driving while texting, which is at least a step in the right direction.

Regardless of the enforceability of such laws, they are absolutely crucial.  First and foremost, their passage sends a powerful message, and may help to deter distracted driving.  Additionally, however, the presence of such laws on the books makes it easier for the victims of distracted driving to obtain compensation in a civil action.  It is important that victims of car accidents caused by distracted drivers bring such actions, and with competent, experienced counsel such as the attorneys at Passen Law Group.  Perhaps, if enough verdicts are won, drivers will begin to take notice and put down their smartphones.

For a free consultation with an experienced Chicago personal injury lawyer at Passen Law Group, call us at (312) 527-4500.

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Distracted Trucking: Major Highway Danger

Thursday, July 15th, 2010

texting while trucking 300x210 Distracted Trucking: Major Highway DangerOur Chicago truck accident attorneys have often explored the dangers of distracted driving.  But distracted driving is not confined to the drivers of cars.  It turns out that truckdrivers, who carry the awesome responsibility of driving machines capable of killing large numbers of people when mishandled, have been engaging in distracted driving, as well.

This Fall, the Federal Motor Carrier Safety Administration finally began to take action on distracted truckdriving.  The FMCSA is close to issuing a rule banning texting while driving a truck.  The rule should be finalized this fall.  While we applaud the FMCSA for taking this action, our trucking accident attorneys are concerned that such a rule is necessary.  How anyone driving a large commercial tractor-trailer truck could think it is acceptable to text while doing so is unfathomable.  The fact is: distracted truckdrivers cause catastrophic motor vehicle accidents.

The FMCSA is also getting ready to propose a rule regarding cellphone use by truckdrivers, or at least certain commercial motor vehicle operators working in interstate commerce.  Again, while our truck accident attorneys are pleased to see the agency stepping up and exercising its rulemaking authority on this issue, the fact that it is required is highly troubling.  Moreover, the dangers of using cellphones while driving have been well known for years.  It is well past the time when governmental action on this issue was due.

Moreover, the proposed penalties for violating these rules are laughably low.  Texting while driving is perhaps the single most dangerous thing a driver can do – arguably even more dangerous than driving while under the influence of alcohol.  Yet the FMCSA’s proposed penalty for truck and bus drivers who violate the texting ban is a mere $2,750.  This “slap-on-the-wrist” penalty sends the clear message that the FMCSA still is not taking seriously the risks and possible consequences of distracted trucking.  Our Chicago truck accident lawyers doubt that such a low fine will have any meaningful effect on the behavior of drivers.

Next, the FMCSA will turn its attention to other distractions within the cab of large trucks.  The agency will consider such distractions as CB radios and dispatch systems, and attempt to come up with a rule that preserves truck drivers’ ability to communicate and receive necessary information, while still ensuring the safety of other motorists on the roads.  The problem is currently under study and consideration by the agency’s Motor Carrier Safety Advisory Committee, which will report on the results of its study in August.

With the federal regulators so slow to act, and so lenient when they do, motorists must rely on the general laws of each state to keep them safe.  However, only twenty-eight states currently ban texting while driving, and these are general laws, not anything specifically applicable to truck or bus drivers.  Moreover, the penalties for violating these state laws are all far lower than even the already inadequate $2,750 proposed for violating the new federal rule.

It is likely that the only effective check on distracted truckdriving will be lawsuits brought by those who are injured by the practice.  Sadly, this means that  innocent people must be injured or killed by distracted truckdrivers – and take action against those negligent drivers – before other truck drivers will be frightened into putting down their own smartphones.

That is why it is so important that those injured in trucking accidents fully investigate the causes of the accident, and take legal action if negligence was to blame.  The more victims stand up for themselves, the sooner the industry and its drivers will be scared into adopting safe practices on distracted truckdriving and other problem issues.  If you were injured in a trucking accident, an experienced truck accident lawyer can help you get to the bottom of what happened in your case, and help you decide whether you should take action, and against whom.

For a free consultation with an experienced Chicago truck accident attorney at Passen Law Group, call us at (312) 527-4500.

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