Text Messaging While Driving - Read This

[BNaylor]

Man, it is about time the law starting going after these idiots that text message while driving.

I was getting ready to leave a parking lot the other day and some female stopped her car right in front of me blocking me from leaving. Then I could see her cell phone and she was texting. I had to blow my horn to get her the hell out of my way.

Source: San Jose Mercury News
Woman gets 6 years in prison for fatal crash caused by her texting-while-driving

Link to Article

Another one.

Source: Philadelphia Inquirer
Jail for Pa. man in text-messaging crash case

Link to Article

[ctwright]

Excellent post, as long as they don't ever go after smoking and driving to make it fair I'm cool with that because really the only time a smoker could mess up is if he drops a cigarette and tries to pick it up while going down the road but I'll just leave it and try to pull over somewhere if that happens, I drive an old truck and don't really care about a burn hole in the carpet though. Rarely ever happens anyway I'm just afraid of that law coming because of how they are doing smokers now with the restaurant laws and the taxes going up sky high.

['97ventureowner]

In NY many counties are adopting bans on texting while driving rather than waiting for the State to gets it's act together an fashion a law to cover all the counties at once. A couple years back an off duty cop killed a pedestrian in a crosswalk and seriously injured another by running them over . It was discovered he was texting while operating his vehicle.
The problem still remains however is hat you can have the best written law in the world but it all boils down to enforcement. There are so many complaints from the public that law enforcement doesn't do enough enforcing and ticketing in regards to the "no cell phone while driving laws" so what good would adding "no texting" to it?

[HotZ28]

Due to recent media attention in Georgia, they are beginning to crack down on teenage drivers using a cell phone while driving. I guess they think that will eliminate some of the teenage highway carnage. I don’t think this is an age issue, it is just as dangerous for an experienced driver to use a cell while driving. I see this everyday, cars coming at me across the center lane while the driver is holding a cell phone in one hand and gesturing with the other, like the person they are talking to can see their gestures. Anytime I see someone driving down the highway using a cell phone, my defensive driving skills kick in automatically & my posterior muscles tighten. Some of these drivers are not qualified to drive even with both hands on the steering wheel.

[BNaylor]

I don't smoke in my car but really no comparison between smoking versus texting while driving. Smoking doesn't take much thought process and almost an automatic action versus manipulating a keypad and viewing the display and trying to steer. Plus the cell phone becomes incriminating evidence against you due to the call logs. At least with a cigarette you can flick it out the window and even swallow it if necessary.

Speaking of cops setting a bad example. I see a lot of younger cops using their cell phones without hands free operation. And I agree the laws are worthless without enforcement. In most cases it is too late because a fatality or injury is involved.

['97ventureowner]

I don't know how other state's laws banning cell phone use while driving are written, but in NY "emergency personnel" are exempt from most of he provisions , including the requirement for hands free devices. You can imagine the public's view of this , especially all you seem to see now is cops driving down the road chatting away on their phones. Their excuse for the way the law is written is that these personnel may have "sensitive" communications that can't be broadcast, such as he location of a domestic disturbance, or other sensitive info related to a crime in progress.
Just this past week in our town there were two separate major accidents involving fire department SUVs. One occcured when the chief's SUV slammed into a compact car with a preganant woman and child aboard. And the other occured when another fire dept. SUV drove into an intersection at a high rate of speed at 4 pm in the afternoon and was T boned by a schhol bus with kids aboard. Now the media is reporting that both accidents are going to take weeks to determine who was at fault, but many know the fire depts. will most likely be exonerated and no tickets will be issued to them, although many witness accounts to both scenes say they were at fault or a major contributor to the accident. I wonder if any of the fire dept personnel were texting or using a cell phone just prior to the collision?

[BNaylor]

I see no problems with law enforcement or first responders using cell phones with or without hands free as long it is authorized or official business and government property. Personal cell phones should be excluded. Also, they still have their two way radios to use. I've noticed cell phones interfere with two way radio communications too.

A few years ago we had an EMS driver cited for causing the accident at an intersection and being negligent. The law requires them to drive safely and defensively and not assume their sirens and lights protect them from accidents or free to go through red lights. They have to slow down and make sure an intersection is clear before proceeding. Plus lawsuits will still be brought and the matter litigated in civil court. Most states have a tort claims act that will allow you to legally sue a governmental entity for wrongdoing or negligence. I guess let a jury decide.

[ExoticSpotting]

I believe Tennessee has banned cell phone use while driving for those under 18.
And up in Fort Cambell it has been completly outlawed.

['97ventureowner]

Originally Posted by BNaylor

I see no problems with law enforcement or first responders using cell phones with or without hands free as long it is authorized or official business and government property. Personal cell phones should be excluded.

As long as the use of the cell phones while driving is for business use only. It's hard to immediately tell from looking at the passing police car if the cop is on "official business" on the phone,(especially if it appears they are laughing or joking while on their call.) And those reports after any accident don't really seem to clarify if the cop or first responder was on a personal or official call,Many people in our area claim a lot of that info is "covered up" or buried far into the report. Also many residents wish that the officials would use the hands free devices as required by law, since they have to.

A few years ago we had an EMS driver cited for causing the accident at an intersection and being negligent. The law requires them to drive safely and defensively and not assume their sirens and lights protect them from accidents or free to go through red lights. They have to slow down and make sure an intersection is clear before proceeding.

On the flipside of that, we have a problem that has been manifesting itself for many years where drivers are refusing to pull to the side to allow an emergency vehicle with it's lights and sirens operational to pass. It's like their lives are more important as keeping on their schedule. It has been known for many years as a common courtesy , although not written into law, to allow volunteer firefighters responding to a call using a flashing blue light , to pass to be able to get to their emergency. Over the past decade or so, this courtesy has pretty much gone by the wayside as most drivers ignore them and refuse to yield. Like some people say, those who refuse to yield better hope that the emergency personnel aren't responding to a fire at their house or an emergency situation involving a loved one.

Plus lawsuits will still be brought and the matter litigated in civil court. Most states have a tort claims act that will allow you to legally sue a governmental entity for wrongdoing or negligence. I guess let a jury decide.

Just the other day a news report came out concerning something like this. Apparently in NY , you cannot sue or hold liable a public employee or agency which causes damages to your property while they are performing their job, even in cases of negligence. A family was at a rest stop on the Thruway during the winter when they stopped at a stop sign before proceeding. A Thruway employee operating a snowplow, backed into their vehicle causing damage. The driver admitted his guilt and the family found out the Thruway, along with other state agencies are not liable in situations like that, so they will have to pay for the repairs out of their own pocket.
Story about that situation here: http://www.9wsyr.com/content/news/re...pcNLcRIBg.cspx

[BNaylor]

Originally Posted by '97ventureowner

Just the other day a news report came out concerning something like this. Apparently in NY , you cannot sue or hold liable a public employee or agency which causes damages to your property while they are performing their job, even in cases of negligence. A family was at a rest stop on the Thruway during the winter when they stopped at a stop sign before proceeding. A Thruway employee operating a snowplow, backed into their vehicle causing damage. The driver admitted his guilt and the family found out the Thruway, along with other state agencies are not liable in situations like that, so they will have to pay for the repairs out of their own pocket.

Story about that situation here: http://www.9wsyr.com/content/news/re...pcNLcRIBg.cspx

Interesting article Tom. It figures in your state. Sad small claims issue involving governmental vehicles in New York are handled that way. Note that the article didn't say they could not get redress. They could have sued the governmental entity itself - Thruway Authority but that could be time consuming and cost money unless they find an attorney that will take the case on a contingency basis.

In contrast in Texas no problem. See Link. Also, if it involves a vehicle from a U.S. Federal agency you can sue under the Federal Tort Claims Act. In my area you have more of a chance of a Border Patrol Agent or Customs Agent running into you than a snowplow.


Texas Tort Claims Act


Someone mentioned Fort Campbell, KY and cell phone use. It is the same at all U.S. DOD installations now which includes all forts and bases regardless of branch of service. No use of cell phone unless hands free device or you are stopped (safely parked).

Of course, the Post Commander could make it more stringent.

['97ventureowner]

Originally Posted by BNaylor

They could have sued the governmental entity itself - Thruway Authority but that could be time consuming and cost money unless they find an attorney that will take the case on a contingency basis.

You got that right on the part about being costly and time consuming to attempt to sue the Thruway Authority. They have grown so large and hard to deal with, especially since they took over the state canalway system years ago. They just got through a couple years back passing a 3 year plan to hike tolls on the roadway in '08,'09'and '10. Traffic counts and revenues are down and this is their attempt to raise more revenues : not understanding that the toll hikes will further drive more people to find alternate routes. They really don't have any oversight and after an audit by the State Comptroller 2 years ago it was found that the Authority wasted too much money and there were many areas they could cut back and save money, thus there would be no need for any rate hikes. Even then Governor Spitzer asked them to either delay or cancel the rate hikes and follow the recommendations of the Comptroller. They literally told him to go f**k himself in no uncertain terms and went ahead with their plans.There have been attempts to get rid of the Authority but none seem to meet with success. And we wonder about the state of affairs here in NY.
( BTW the Thruway was built in the 1950's with bonds that were to be paid off with tolls in 1996, thus making the Thruway toll-free. But that never occured to the angerment of most residents. The Authority found excuses such as high maintenance costs, and the future need to rebuild portions and upkeep to maintain the collection of tolls.)

[CL8]

I read an article the other day that "hands free" cell phones are shown to be no safer than hand held cell phones.

What about taxi cab drivers should they also be exempt? their job requires them to use the phone while driving. They can also be some of the worst drivers without being on the phone. A cab driver caused a rear end collision with one of my drive students because he was running a stop sign we then had to slow for him at!

[BNaylor]

Originally Posted by CL8

What about taxi cab drivers should they also be exempt?

Nope. Commercial entities are liable under basic simple or gross negligence torts.

Plus they should have auto insurance.

[CL8]

So BNaylor, are you for outlawing talking on your cell phone while driving, or just texting while driving?
I will often answer my cell in the car if I'm not on the freeway or in the middle of a turn with no problems, but I will rarely make make a call (I never text), and at that it would be on a slow quiet road and preferably parked.
What gets distracting (as these articles show) is looking away from the road to push the keys on your phone, not the talking so much.
The important thing to remember is that your priority is driving and seeing whats on the road, not talking on the phone, many people forget this.

[BNaylor]

Originally Posted by CL8

So BNaylor, are you for outlawing talking on your cell phone while driving, or just texting while driving?

Thanks for the question. I am for banning cell phone use in a car while driving period! If it is something we weren't born with then it is something we really don't need today.