Sadly, in December a women struck and killed 71 year-old Raymond Veloz on the South side of Chicago. Raymond was standing on the side of the road exchanging information with another driver after being involved in his own accident just moments before. Motorist, Araceli Beas, was reportedly on her phone making a Facebook update when she struck Veloz.

The driver was ticketed for striking a pedestrian in the roadway. This story has gained some attention from fellow blogging attorneys like Jonathan Turley . He commented on the story, as well as numerous news outlets (see additional resources below). According to the CBS Chicago news website:

The suit, filed by Veloz’ daughter, Regina Cabrales, claims Beas didn’t keep a proper lookout, drove while using an electronic communication device and failed to slow down to avoid an accident.

Something as innocent as posting an update on Facebook can turn into a senseless tragedy when it involves a motor vehicle. Injury attorney’s are often called to deal with the fall out from such irresponsible behavior. Texting accidents could be avoided entirely, if people would not engage in this kind of preventable and risky behavior.  This accident does raise the question, why do people continue to engage in distracted driving behavior.

Distracted Driving

The US Department Of Transportation is making strides in raising more awareness of the dangers of texting and operating your phone while driving. Their new website Distraction.gov aims to share the stories of the people affected by such senseless tragedies. Stories like this are starting to spread and inspire others to do more than just put down their phone while driving. Taylor Lochrane, a student at University of Central Florida, helped inspire student activism with a campaign of his own. Called, Put Down Ur Cell Fone (UCF), it aims to to fight distracted driving behavior, especially among teens. The student group even declared October 25th Distracted Driving Awareness Day.

UCF’s campaign was spearheaded by Student Body Vice President Taylor Lochrane, who interned as a field engineer this summer at the Federal Highway Administration’s Turner-Fairbank Highway Research Facility in McLean, Virginia.  He got the idea for “Put Down Ur Cell Fone” last spring during a ceremony honoring the Eternal Knights–a tribute to UCF students who had passed away during the previous year.

Distracted driving is a preventable  behavior. Too often it leads to accidents such as Mr. Valoz and the students at UCF. The more people who are aware of the dangers of their driving behaviors the better it is for all of us. Check out these websites, educate yourself on the dangers distracted driving and pass along the message.

Additional Resources:

Chicago Driver Sued For Facebook-While-Driving Fatality

Was A Chicago Driver Updating Facebook When She Hit & Killed A Pedestrian?

Chicago Driver Sued for Updating Facebook Page During Fatal Crash

Driver accused of updating Facebook in fatal crash

On the day of the accident Daniel Johnson told an investigator from South Carolina Highway Patrol that he was not paying attention when he hit the group of cyclists.

After months of a coma, Mr. Burke passed away as reported February 9, 2011. Family and friends have asked for donations be made to his wife for his infant daughters future education. You can find more information at the Outspoken Bicycles website: http://www.outspokinaugusta.com/.

Distracted driving is a serious problem on Augusta, Georgia roads and elsewhere around the country. Too often drivers are responding to distractions that pull their attention from the road. What would normally be an incidental, minor distraction is now a matter of life and death when it involves a car.

Georgia law states:

§ 40-6-77. Penalties for causing serious injury due to right of way violation resulting in collision with motorcyclist, pedestrian, bicyclist, or farmer transporting vehicles hauling agricultural products, livestock, farm machinery, or farm products.

This is related to injury in an accident. What about death as it relates to a cycling accident?

TITLE 33. INSURANCE CHAPTER 34. MOTOR VEHICLE ACCIDENT REPARATIONS offers more on the specifics as insurance relates to motor vehicle accidents. This is provided as informational purposes only and is not intended to be used for providing legal advice. It is important to speak with and seek the expertise of an injury attorney who is an expert in such situations.

Additional Resources:

Bicyclist killed in early morning accident | The Augusta Chronicle

Bond set in Aiken cyclist death | The Augusta Chronicle

Augusta bike advocacy group awarded state money

The preferred method of communication for teens is texting, texting and more texting. As a parent, it is up to you to come up with solutions to discourage your teen from texting while driving. Helping to prevent them from texting and driving could save their life, or another.

In an effort to help you, Atlanta personal injury attorneys Mark Link and Houston Smith provide you with the following ideas:

7 Ways to Stop Your Teen from Texting and Driving.

You might not be able to stop them from sending the thousands of text messages they may send each and every month, but here are a few ways you could encourage them to stop texting while they are behind the wheel. As concerned citizens and personal injury attorneys, we have come up with 7 strategies you can use to talk about the dangers of texting while driving with your teens.

An informed teen will at least have all the information they need to make the right decision. While teenagers do not always make the best decisions, giving your teen the cold hard facts about texting and driving dangers could save their life.

1. TEXTING WHILE DRIVING IS DANGEROUS

If you didn’t know it yet, texting while driving is dangerous. With over 16,000 text related deaths in 6 years, texting is among the the top reasons for crashes, and teen deaths. Your teen’s life is in danger every time they text while driving.

2. TEXTING IS AFFECTING WRITTEN AND ORAL COMMUNICATION SKILLS

Some educators are concerned with the changes that are happening due to the new texting language.  When a teenager needs to say “you are” and it becomes “U R”, the qualities of the language disappear, as well as the teens’ possibilities of entering into college or the work force. This may not seem like a big deal on the surface, but sending thousands of “shorthand” messages each and every month could ingrain bad habits in your teenager’s grammar.

3. TEXTING RELATED INJURIES

Not only can texting while driving result in serious, life threatening injuries, but simply the act of texting can cause problems in the hands and fingers. In fact, more and more young adults and teenagers are now complaining about hand injuries, and there is likely a correlation between the two.

If you want to keep your teen from texting while driving, try to inform them about the potential harm they could do to their hands and fingers. It could inhibit their ability to play sports, or participate in other extracurricular activities.

4. OFFER THEM REWARDS

Reward them for NOT texting while they are driving. A way to monitor their behavior is monitoring your cell phone bill, and checking the texting activity for their cell phones during the hours they are driving to and from school or with friends. It may seem like an unconventional solution, but it works.

5. THUMB BANDS

Sheriff Kevin Pals from Mason City, IA, has come up with an innovative and “cool” way of getting teenagers involved with preventing texting and driving accidents: thumb bands. Messages like “Live Strong”, or “Kiss Me I’m Irish” are making room for texting awareness thumb bands.

With messages like “Texting Kills,” thumb bands are becoming a popular item. Why not order a few for your teen, and his/her friends? Also, make sure to encourage your teen to talk about the dangers of texting and driving with their friends. In this case, peer pressure can be used to raise the awareness of texting and driving dangers.

6. VOICE TO TEXT TECHNOLOGY

Technology can create unintended consequences, such as texting accidents. However, additional technology can also offer some solutions. The people at Vlingo have found a way to turn spoken words into text. This technology is changing traditional texting, because you no longer have to use your fingers to physically type a text message.

This technology does not remove the dangers of distracted driving, but it does make it easier to keep your teen’s eyes on the road. In a recent study it was found that 67% of the drivers interviewed would feel safer if they could text without taking their eyes off the road.

7. USE RESTRICTIVE TECHNOLOGIES

Another approach is to use third-party technologies to restrict the timing and use of your teens phone. Here are 3 technologies you can consider using:

1. Text Blocker – allows you to set up restrictive zones that block texting communications.
2. Zoom Safer – designed for fleet operator and business use primarily, this technology can also help you restrict your teens cell phone use.
3. Web Safety – is a third technology offering controlled use of your teens texting and cell phone use.

It is important to explain to your teen that these technologies are meant to assist and remind them, not restrict them. It may be beneficial to implement and use these technologies on your own phone to familiarize yourself with their use and set a good example for your teen.

Scary and sobering statistics.

Unfortunately, statistics alone do not prevent accidents. Only stopping risky behavior can help prevent accidents. On average, a teenager sends over 3000 text messages per month according to CNN.com. 3,000 text messages per month? That means about 100 text messages per day (equating to over 10 texts per waking hour).

If you think about it, it’s not that much, right? But if teens are spending 2 of those hours driving to and from school, and they are texting while driving, that’s 20 texts too many! It is too easy for teens to get into a texting while driving accidents.

Texting while driving, impairs driving 37%

With a 37% reduced attention span due to texting, a teenager’s beginning driving skills are severely impaired. A teenager (with only a few months of driving under their belt, without the experience of heavy traffic, or driving in diverse conditions, and a limited attention span) will find themselves in a texting accident quite easily.

The laws are strict, but sometimes the message doesn’t really get heard until it is too late. Parents and teenagers alike are much more receptive to the no texting while driving laws, after the accident has already happened, but this blog is hoping to change that. Parents become advocates of no texting while driving only AFTER their child has been through the accident and (hopefully) survived.

Focus on texting prevention

The focus should be on BEFORE the accident, and on  PREVENTION. Sometimes it is too late to enforce the rule (actually it is a law in 15 states, including Georgia) of no texting while driving.

Prevention is always better than treatment. It is not easy! But being proactive about the situation can help ensure that teens are not put in jeopardy by the hazardous behavior of texting while driving. A paralyzed teen is a good example for others; not a good example for him or herself.

5 reasons texting while driving is worse than talking on the cellphone while driving;

1. Texting takes 23 times more attention than talking away from your attentions span, so you are 23 times more likely to crash or come close to a crash if you are texting than if you are talking on the phone while driving.
2. Texting is the most distracting of all the cellphone related activities, necessitating the longest time to send or receive a text.
3. Texting is damaging to teens’ physical and mental health, on and off the road, with symptoms varying from neuroskeletal disorders (pain in the thumbs) to anxiety and sleep disorders (from the constant interruptions).
4. 91% of Americans now own a cellphone, and we’re sending a combined 110 Million texts per month (as of 2008), increasing our chances of being in a crash due to the use of the cellphone (increase by 28% from 2005 to 2008).
5. The fifth and most important reason texting is worse than talking while driving is that serious injury and even death can result from it. The driver is distracted for longer while texting than while talking, with the percentage of crashing or coming close to a crash heavily increased. Can you imagine living the rest of your life knowing that because you were texting while driving a life was lost? You can go to jail for a very long time knowing you have taken a life.

Which is worse, talking or texting while driving?

The answer is: Neither! You are potentially missing out on a long, prosperous life each time you pick up the phone to text while driving. Try putting the phone down; it could save a life: yours!

No text is worth more than a life. If you or a loved one has been a victim of a texting while driving accident contact a GA injury lawyer. You may also want to visit Atlanta injury lawyers Mark Link and Houston Smith in order to discuss your particular case.

If you have any questions about text while driving contact Link & Smith, P.C. 24 hours a day at

1-888-315-8840

At one time the only danger with driving was driving itself. Much has changed since the invention of the automobile. Now there are many factors that come into play such as distracted driving due to alcohol consumption, mobile phone use, and music players, televisions mounted inside a car, navigation devices and even access to the internet while driving. One of the most notable and problematic today is texting while driving. In the last few years there have been a large amount of accidents and deaths due to texting while driving. There are numerous reasons why you shouldn’t text and drive. Here are a four reasons GA accident attorney Mark Link shares:

1. The number one reason would be because it is now a law that you cannot text and drive. Currently 30 states enforce this law. Someone who is caught breaking this law could potentially pay a fine up to $150 with a point on their license or worse, arrested. Perhaps needing the assistance of a GA accident attorney who is an expert in texting and driving law questions.
2. A text message is meant to be read at your convenience. If the text was that important the person would have just called you instead. There is no need for you to read your text message at the very moment. Save it for when you reach your location.
3. A driver must be completely focused. There are way too many aspects of driving that makes it dangerous. Bring a cell phone into the mix just makes it ten times more dangerous, that is distracted driving. So many accidents have occurred while a driver was trying to read or send a text message. Driving and texting are not things that a person can do simultaneously.
4. Most importantly injury or even death can result from people texting while driving. See this link of a women who got 4 years in prison for texting while driving. This is huge societal issue. A person’s permanent injury or death effects more than just that person; it effects their family and friends. If you get into a car accident and kill a person due to texting while driving the consequence could be harsh. Not only can you go to jail, but also have to live with that guilt for the rest of your life. GA accident attorney’s are experts in such matters.

No text is worth more than a life. If you or a loved one has been a victim of a texting while driving accident contact a GA accident attorney.

If you have any questions about text while driving contact Link & Smith, P.C. 24 hours a day at 1-888-315-8840. Atlanta injury lawyers Mark Link and Houston Smith would love to meet with you.

Additional Resources:

Texting Statistics

Texting Now Teens’ Main Form Of Communication

Top 5 Texting related accident stories for August 2010

The latest data this week on accidents and deaths related to distracted driving (texting and driving, web surfing and driving, etc.) ought to scare you.According to analysis in the American Journal of Public Health 16,000 people died in texting and driving accidents between 2001 and 2007. Even more frightening is the warning that the problem is getting worse.

We have been following the texting while driving accidents trend for some time:

Top 5 Texting related accident stories for August 2010

Dr. Frank Ryan plastic surgeon killed in car accident

Breaking a Bad Habit

Train operator suspending for texting and driving

People know texting and driving is dangerous, yet they still engage in the behavior. Police officers, who entrusted to enforce testing while driving bans are having a hard time putting down their phones. The New York Times Driven to Distraction article discusses how police and emergency personnel cope with demands of their jobs by breaking the very laws they are entrusted to enforce. Why?

According to experts who study driver behavior, many people are unaware of how their driving deteriorates with their distracted driving. 90% of people on the road report they are good to excellent drivers, yet over half will be involved in some sort of driving related accident. Pereception does not reflect reality in this case. The article 10 Risk factors associated with texting accidents Part 1
expands on this subject.

Phil LeBeau, reporter for CNBC, has an opinion.

Americans, especially teens, have shown they refuse to put down their phones. Sure, they know it’s dangerous. Sure, they know it’s now against the law in many states. But ask a teen driver if they still text and drive or have friends who text and drive and the answer most times is yes.

Despite the growing number of accidents and deaths, I don’t expect cell phone signals to ever be jammed in the front seat of a moving vehicle. Americans love their cell phones, their freedom of choice, and the idea of being able to stay connected behind the wheel (even if they know it is dangerous).

One might be inclined to agree with his position until they see the aftermath, first hand, of driver neglect on the road. Too often we have represented people in car accident cases who have been severely injured or even lost family members because of the neglect of other drivers on the road. Society might consider the thousands of lives lost on the roads every year acceptable, because of the freedoms cars bring us. But, texting and driving, which falls under the broad category of distracted driving, is a serious problem that needs to be addressed. Workable solutions nee to be explored.

1. Was Dr. Frank Ryans auto accident related to texting and driving?

Other news reports are surfacing and asking if Dr. Frank Ryans Jeep Wrangler accident was caused by his texting and driving. Associatedcontent.com reported:

It is still uncertain if the Highway Patrol officers verified that Dr. Ryan was texting while driving at the time of his deadly car accident — or if their statements should be interpreted to mean that he was texting at some point before his accident. Even so, it is entirely clear that texting can kill.

Another Celebrity blog, Switched reported the following:

“He lived up in Malibu on a tiny street and he was texting while driving and he accidentally went over the cliff,” says Blake, who is also a celebrity publicist. Blake went on to say that investigators have already told Ryan’s family that the doctor’s tweeting caused the accident, although the California Highway Patrol has yet to declare an official cause.

Until the official police report is released indicating the cause of this accident, much speculation will exist if Dr. Ryan was texting and driving. As an Atlanta law firm, we feel it is important to thoroughly investigate an accident in order to determine the cause(s).

2.Pittsburgh accident tied to texting and driving

The pittsburgh Morning Sun news website reported:

The driver, Roy Hough, 39, Miller, Mo., had been ejected from the car and was taken by helicopter to St. John’s Medical Center in Joplin, Mo., for his injuries. It was determined after the accident that the crash had been caused when Hough was texting on his cell phone and went off the roadway on the east side, overcorrected and lost control of the car.

3. Metrolink offers $200-million settlement in Chatsworth rail disaster

The Metrolink train accident that occurred in 2008 killed 25 people. The cause of the accident was determined to be texting while operating the train by the conductor. Federal law currently caps liability claims related to train accidents at $200 Million, however claimants in this case may seek more.

The proposed settlement fund, if approved by the courts, would relieve Metrolink and private contractor Connex Railroad of any additional liability, which federal law currently caps at a total of $200 million for passenger rail accidents.

4. Texas Considering Ban on Texting while driving

A recent news story reported by the Sun News out of Texas indicated Texas legislatures are considering some form of texting while driving ban bill. The same story reported the most significant decrease in motor vehicle accident related fatalities since 1993. Additional legislation may bring the number even lower.

“The dangers associated with distracted driving cannot be ignored. It is expected the Texas Legislature, during the upcoming 2011 session, will consider bills that would place greater restrictions on the use of wireless communication devices and Texting While Driving. AAA Texas fully supports stronger restrictions.”

5. Oklahoma: Threat of texting while driving deserves more attention

On a Sunday in July, Dallas Hutchinson, 23, died in a car accident that happened, officers think, because Dallas was texting and driving. It was also reported the Oklahoma legislature was considering a ban on texting bill, however, the bill was never passed and signed. The mother of the boy killed in this accident is considering a campaign to convince legislatures to continue the effort to raise the ban on texting and driving.

Commercial vehicle operators are currently banned from texting and driving by federal transportation laws. However, many states in the U.S. currently do not have any legislation addressing the issue. Does your state have a law that bans texting while driving?

If you or someone you know is involved in a texting realted accident, call our office today to make sure your rights are protected.

For a FREE consultation with our attorneys concerning your accident, call 1-888-315-8840

Few Tickets Given Since Enforcing Texting While Driving Ban

The violation draws a $150 fine, and according to the state highway patrol, there have been just a couple of dozen of those tickets handed out. Patrol officers out of Rincon say none of those have been written by them. Similarly, Port Wentworth police report no citations given for texting while driving. Spokesmen for both agencies agree the new law is hard to enforce, especially when patrolling in marked law enforcement vehicles.

Do You Text while driving still? Then perhaps you should consider these 4 ways to break the habit of texting while driving. According to this blog report at Text’nDrive Virginia police are issuing fewer texting while driving tickets. Some attribute this to the law being secondary, meaning an officer must be issuing a citation for another offense. Few Citations Issued in Virginia 1 year after texting ban law goes into affect.

According to a report from WDBJ7, police records do not show high numbers for texting while driving. Roanoke County issued six citations for texting while driving, while Montgomery County issued only one. Salem police officers have yet to issue a ticket for texting while driving. Of the 134 cases that found their way into court, only 3 were dismissed. The vast majority pleaded guilty.

Police in Michigan are also reportedly getting off to a slow start issuing citations for texting while driving. Of the 10 biggest communities in metro Detroit, half didn’t ticket any drivers for texting. Read more, click on link:

Enforcement of ban on texting while driving is off to slow start

Police write few tickets in 1st week

The law, which took effect on July 1, 2009, makes it illegal for the person behind the wheel of a car in motion to read or send text messages while driving. It’s aimed at catching drivers looking down, versus watching the road. Since January of this year, troopers with the Tennessee Highway Patrol have issued 47 tickets statewide, Tennessee Department of Safety Public Affairs Director Mike Browning said. According to Browning, there were few, if any tickets written before the first of the year.

According to the Denver Daily News:

Few texting while driving tickets issued

Only six given out since law took effect, but lawmakers say it is an indication of compliance

Law enforcement had originally said the law would be difficult to enforce. But the Denver Police Department does not attribute enforcement difficulty as the reasoning behind the low number of citations issued. They think people are just paying better attention. Sonny Jackson, Denver Police spokesman, said his department is strictly enforcing the law, but that the violations can be difficult to prove in court. He said his officers are issuing citations based on what they believe they can prove in court.

If you or someone you know has been injured in an accident, call our office today to make sure your rights are protected.

News reports from TMZ and Celebrity Smack report of prominent Beverly hills plastic surgeon Frank Ryan, MD was killed in a car accident. He was driving a 1995 Jeep Wrangler when he drove off the Pacific Coast Highway. The picture below shows a 1995 Jeep Wrangler

According to Celebrity Smack:

He had suffered major head trauma and was trapped inside the vehicle. The Ventura County Fire Department also attempted to helicopter him from the scene of the accident but the rescue was called off. Dr. Ryan was pronounced dead at the scene by paramedics.

About 45 minutes prior to the reported accident Dr. Ryan posted a Tweet on Twitter:

After 25 years of driving by, I finally hiked to the top of the giant sand dune on the pch west of malibu. Much harder than it looks! Whew! 3:45 PM Aug 16th via Twitter for BlackBerry®

Then 20 minutes prior to the accident he posted the following:

http://twitpic.com/2fflev - Border collie jill surveying the view from atop the sand dune 5:10 PM Aug 16th via Twitter for BlackBerry®

Jill is in reference to his Border Collie, who was injured in the accident and rescued from the ocean and taken to a nearby animal hospital.

TMZ reports:

Among Ryan’s patients — Gene Simmons, Shauna Sand, Vince Neil and Adrianne Curry. Dr. Ryan appeared on numerous TV shows and even performed plastic surgery on the air. And Heidi Montag’s famous for extreme makeover.

We are sad for the loss of the Ryan family. We send our condolences.

People are now faced with breaking old habits of texting while driving. In an effort to raise awareness of her own dilema with the matter a news reporter, Kelley Foster, from the Coastal Source.com had this to say about breaking her bad texting while driving habits:

So yesterday after covering a story on the new law, I found myself sitting at a stoplight on my way home. And guess what I did? I reached in my purse and pulled out my phone. I was going to see if I had any missed calls or emails that I needed to read. About 30 seconds after picking up my phone, I remembered the story I had covered less than an hour earlier. I quickly looked around and good thing there wasn’t a cop near me. I then obediently put my phone back in my purse and drove the rest of the way home, with both hands on the wheel.

A common experience many Georgia drivers will soon face if they haven’t already. The dilemma, should I check my cell phone for a text message while I drive? The law is no guarantee everyone will follow them. After all thousands of speeding tickets are issued in Atlanta every month and we often hear reports of aggressive drivers who seem hell bent on hurting themselves of other not only disregarding the speed limit, but also continuing to strike other vehicles.

No law can directly prevent a person from committing a crime, but it can account for consequences of negligent actions. This train operator was suspended for texting while operating a commuter train. thankfully no one was hurt, unlike an accident in 2008 in California that involved the death of 25 people. After a 16 month they determined the cause was the conductors error, made while texting.

In today’s hectic world of instant communication it will be a challenge for drivers to break the bad habit of texting and driving. After all, drivers do not often think about texting accidents, or the need of a texting lawyer. Check out this post on 5 ways to break the habit of texting and driving.