Articles Tagged with “cell phone”

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Text Distracted Driving.jpgI am not unmindful that, in this business, I profit from the misfortune of others. Sometimes when clients are asking me questions about medical treatment I tell them that what is good for you (getting better quickly) is bad for your legal case, and vice-versa. Honestly, I wish that all of my cases were small, basic soft-tissue cases that resolved after a short week or two of treatment.

But they aren’t.

We see the worst of the worst. We settled one case earlier this year where a gentleman was minding his own business at a stop light, and he was hit from behind by a woman who first claimed that she blacked out, then later hired an expert to state that she fell asleep because of undiagnosed sleep apnea (amazingly, if proven, that is a complete defense to responsibility). The poor guy was in shock trauma and had many surgeries, including one to remove a section of his bowel. That’s a situation he will never totally recover from. Fortunately, there was a good insurance policy, and the case settled before trial for over $700,000.00. Clearly, the defense didn’t place much stock in that argument.

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distracted driving accident attorney.jpgU.S. Secretary Ray LaHood is continuing his crusade against cell phones and upping the ante, proposing a nationwide ban talking, texting and e-mailing while driving. His latest forum (see the news story by Reuters) was a distracted driving summit in Texas last week. His main argument centers around the National Highway Traffic Safety Administration’s estimate of 3,000 fatal traffic accidents in 2011, caused by distracted driving. The NHTSA also states that cell phone use delays reactions just as much as a BAC of 0.08.

According to LaHood:

It used to be that if an officer pulled you over for drunk driving, he would pat you on the back, maybe call you a cab or take you home, but he wouldn’t arrest you. Now that has changed, and the same enforcement can work for people who talk on cell phones while driving.

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Semi Tractor Trailer.jpgAs of January 3, interstate truck and bus drivers (those driving between states) are forbidden from using hand-held cell phones while operating their trucks. The enforcement angle isn’t as strong as it could be–drivers violating the rule are fined up to $2,750 per offense, and their truck-driving privileges can be revoked for multiple offenses. Employers may be fined up to $11,000. If we were really serious about this, there shouldn’t be a warning period. One strike and you’re out.

Truckers still have the option of various hands-free devices, including bluetooth or speakerphones.

It’s hard to say where all this distracted driving/cell phone publicity is going to take us by the end of 2012. There are some groups that want to eliminate all cell phone use in all vehicles–whether hands-on or hands-free. If we were honest with ourselves, we would all probably admit that hands-free isn’t much better than hands-on. On the other hand, drivers and the trucking industry are pushing back hard, arguing that this is an assault on our personal freedoms.