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Study Finds Truckers That Text While Driving Increase Crash Risk 23 Times
July 27, 2009

A new study that is scheduled to be released tomorrow shows that drivers of commercial trucks that text while driving are 23 times more likely to be involved in an automobile accident that drivers that do not engage in driving while texting (DWT). This is the first study of the relationship between the distraction drivers of 18 wheelers incur when they drive while texting or when they use of cell phones while driving.

The study was conducted by the Virgina Tech Transportation Institute and financed by the Federal Motor Carrier Safety Administration which has as its mission promoting and improving the safety in the operation of buses and commercial trucks. The study involved outfitting long-haul trucks (interstate18 wheelers) with video cameras that monitored the actions of the drivers and of the truck during an 18 month period. It is certainly no surprise that the activity of driving while texting is a dangerous behavior or that it increases the risk of being in a crash. After all, driving while texting is a behavior, which by definition, that involves distracting the driver from his or her primary focus of watching the road and maintaining control over the truck. The study shows that the risk of being in a car wreck not only sharply exceeds previous estimates based on laboratory research, but it and far surpasses the dangers of other driving distractions. Rich Hanowski, who oversaw the study, characterized the level of distraction that driving while texting by saying that compared to other distractions, "texting is in its own universe of risk." In light of these findings, it is no surprise that Tom Dingus, director of the Virginia Tech institute, one of the world's largest vehicle safety research organizations, echoed the feelings that our website has been saying for some time now. Mr. Dingus said the study's message was clear. "You should never do this [driving while texting], and "It should be illegal."

Sadly, only 14 states have made driving while texting illegal while other states continue to say that they need more data and more research before they decide to make it illegal. The problem with this wait and see approach is not only are more people going to be killed and seriously injured in an accident that could have been prevented or minimized, but that until the conduct is illegal most police agencies that investigate collisions do not gather or report information on accidents that are believed to have caused because the driver was distracted because he or she was driving while texting using a cell phone.

One of the most revealing findings that is being released from the study is that, "In the moments before a crash or near crash, drivers typically spent nearly five seconds looking at their devices - enough time at typical highway speeds to cover more than the length of a football field." In other words, drivers traveling at highway speeds lose at least 5 seconds of precious time to react to hazards and to reduce their speed in order to minimize the damage and forces involved when there is a collision.

Just recently, we saw locally how dangerous driving while texting can be for drivers of an 18 wheeler. As our blog reported, a chain reaction collision involving 9 vehicles, including an 18 wheeler has left two people dead and seven more injured in Gainseville, Texas along northbound Interstate 35 (I-35). According to reports, traffic was backed up and flowing slowly due to construction on Interstate 35 when Randy Crume, the driver of a semi truck failed to control speed and struck the rear of the stopped traffic causing multiple collisions. Fort Worth residents, Gervious Hinkle and his 13-year-old grandson Casey Ishak were both killed in the crash. Read the entire post in our blog under 18 Wheeler Accidents: 18 Wheeler Involved in Deadly Wreck In Gainseville: Possible Driving While Texting.

The results of the Virginia Tech study were somewhat surprising because the findings were so much greater than the findings of a University of Utah study of college students who drove a simulator while textings. In the Utah study of college students, the study found that the risk of crash was increased 8 times when the students were driving while texting as compared to when they were not texting. While the difference in the risk in these studies is significant, David Strayer of the University of Utah emphasized that "You're off the charts in both cases. It's crazy to be doing it." As we all know, the problem is that so many people are doing it, and doing it so often. According to CTLA (a cellular telephone industry trade group), in December of 2008, phone users in the United States sent 110 billion messages, a tenfold increase in just three years.

Even though trucks take longer to stop and are less maneuverable than cars, the findings generally applied to all drivers, who tend to exhibit the same behaviors as the more than 100 truckers studied, the researchers said. Truckers, they said, do not appear to text more or less than typical car drivers, but they said the study did not compare use patterns that way.

Let's hope that our state legislatures and that the Federal Motor Carrier Safety Administration and Congress get the message we are sending. Driving While Texting is extra-ordinarly dangerous and needs to be illegal in all fifty states.

The Montes Herald Law Group, L.L.P. is a law firm with offices in Irving and Dallas Texas. We are experienced and qualified attorneys who dedicate our practice to the representation of personal injury victims, including victims of car accidents, premises liability claims, insurance and bad faith claims, construction accidents and other cases where people are severely injured through the negligence and reckless conduct of others. Please visit our website at www.MontesHerald.com for more information concerning our law firm and Rachel Montes and Tom Herald. If you desire a free consultation on a personal injury matter, please call us at (214) 522-9401 or email us at Rachel@MontesHerald.com or Thomas@MontesHerald.com for a free case evaluation.

Attachments:
Press_Release_TextingBan_effectiv_July-1-2009.pdf

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University of Texas Football Player Involved in a Driving While Texting (DWT) Accident
June 30, 2009

University of Texas linebacker Sergio Kindle was involved in a motor vehicle accident. According to the football player's attorney, Mr. Kindle was "either sending or receiving" a text message while driving when his car slammed into an apartment building in Austin, Texas. Fortunately no one was hurt in the accident other than Kindle who reportedly suffered a concussion.

As our blog has been reporting, incidents of Driving While Texting are becoming more and more common. While several states have enacted laws to make this conduct illegal because studies are showing that a driver who is distracted by driving while texting is just as impaired as a driver who is driving while intoxicated, Texas has not yet taken that action. However, even without a state law making Driving While Texting illegal, the conduct is still extremely dangerous and subjects people to a high risk of severe bodily injuries or even death. If you or a loved one has been injured in a wreck caused by someone who was distracted by driving while texting, contact Rachel Montes or Tom Herald at Montes Herald Law Group, LLP to discuss your rights.

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New Device Prevents Driving While Using Cell Phone
June 18, 2009

A new automobile ignition key with a cost under $50.00 may prevent teenagers and others from talking on cell phones or sending text messages while driving. Researchers at the University of Utah, have developed a device called "Key2SafeDriving" designed to reducecar wrecks caused by distracted drivers. Xuesong Zhou, an assistant professor of civil and environmental engineering who co-invented the system with Wally Curry, a former University of Utah graduate now practicing medicine in Hays, Kan. "We want to provide a simple, cost-effective solution to improve driving safety."

Motor vehicle accidents are the fifth leading cause of all deaths in the country. Among teens, however, motor vehicle accidents are the leading cause of death. Studies by other researchers at the university have shown that driving while talking on cell phones is as dangerous as driving drunk. Several states have banned phoning and texting while driving, particularly for novice drivers. While statistics are difficult to come by, one estimate made prior to the rise in popularity of texting held that cell phone distraction causes 2,600 deaths and 330,000 injuries in the United States every year.

Zhou says that "at any given time, about 6 percent of travelers on the road are talking on a cell phone while driving. Also at any given time, 10 percent of teenagers who are driving are talking or texting." The device might not just make driving safer, it may also help to reduce insurance rates.

When the device is activated drivers cannot use their cell phones to talk or send text messages, except for calling 911 or other numbers pre-approved numbers. In addition, the device will send an automated message to incoming calls and texts that say, "I am driving now. I will call you later when I arrive at the destination safely."

At Montes Herald Law Group, LLP, is the law firm to hire if you have been injured by a driver who was distracted because he or she was talking on a cell phone or text messaging or sending and reading email on a cell phone. The practice of Driving While Texting (DWT) is dangerous and puts everyone at risk for causing a wreck that results in serious personal injury or even death. Contact Rachel Montes or Thomas Herald to discuss your case. We handle cases on contingency fee basis so you owe no attorney's fees or expenses unless we obtain a recovery for you. Our main office is located in the Las Colinas area of Irving, Texas. Visit our website at www.MontesHerald.com to learn more about our law firm and our attorneys.

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Texting While Driving Kills Virtual Pedestrians
June 15, 2009

Several studies have shown that distractions while driving, such as using cell phones or texting, can be dangerous. In a study recently presented to the Pediatric Academic Societies, more evidence was found to support the conclusion that drving while texting as well as using cell phones Ipods or other MP3 players while driving is distracting to drivers and is dangerous. The study evaluated 21 teens in a driving simulator and found that teens who were driving while texting or searching their MP3 music players tended to change their speed dramatically, wove in an out of their lanes, and, in some cases, ran over virtual pedestrians. Similar studies have found that adults who talk on cell phones while driving in simulators perform as dismally as drunken study participants. Likewise, studies from the University of Utah show that hands-free devices do not make it safe to use cell phones while driving. In the face of this mounting scientific research and some well publicized accidents involving drivers who were driving while texting, the National Safety Council called on state and federal lawmakers to ban the use of cell phones and text-messaging devices while driving and also urged businesses to prohibit employees from driving while texting.

• Motor vehicle accidents are leading cause of death for people between 16 and 20, accounting for more than 5,000 deaths each year, according to the Centers for Disease Control and Prevention.
• Teens are four times more likely than older drivers to be involved in a crash.

The results of this study showed that teens sending text messages or using an MP3 players showed increased "lane position deviation" and speed changes, mostly slowing down. "What this study demonstrates is that not only does your speed go up and down, you're swinging wide left and right," said Dr. Donald Lewis, of the Eastern Virginia Medical School and Children's Hospital of the King's Daughters in Norfolk, Va.. "You're a hazardous driver, to yourself and everybody else."

At Montes Herald Law Group, LLP, is the law firm to hire if you have been injured by a driver who was distracted because he or she was talking on a cell phone or text messaging or sending and reading email on a cell phone. The practice of Driving While Texting (DWT) is dangerous and puts everyone at risk for causing a wreck that results in serious personal injury or even death. Contact Rachel Montes or Thomas Herald to discuss your case. We handle cases on contingency fee basis so you owe no attorney's fees or expenses unless we obtain a recovery for you. Our main office is located in the Las Colinas area of Irving, Texas. Visit our website at www.MontesHerald.com to learn more about our law firm and our attorneys.

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Sobering Statistics on Texting While Driving (DWT)
June 11, 2009

It does not take a scientific study to confirm that texting while driving is a dangerous activity. Just stand on a busy corner and count the number of drivers, especially teenagers that are texting and emailing while driving or talking on a cell phone. Driving while texting (DWT) is becoming a real problem, and a very common problem. Driving while texting and accidents caused by driving while texting is becoming so common that the Urban Dictionary has added the phrase "Text-end Collision" to its list of popular phrases. A text-end collision refers to a rearend collision caused because the driver was distracted from his or her driving because the driver was driving while texting.

In a survey released by Vlingo Corp., a Cambridge, Mass., company that develops speech-recognition technology for mobile phones:

• more than 26 percent of some 4,800 cellphone users surveyed across the United States admitted they had sent text messages while driving.
• Tennessee had the highest rate of texting while driving reporting that 42 percent of those surveyed said they had done DWT.
• Despite the fact that most people agree the texting while driving is dangerous and should be illegal (one study reported that 83 % of those surveyed believed that driving while texting was dangerous and should be illegal),few states have enacted laws prohibiting this behavior.
• According to a Pew Research Center study last year, 74 percent of Americans in this age group use text messaging. A lot.
• DWT does seem to be inversely proportional to the age of the driver - the younger you are, the more likely you are to do it. The Vlingo study found that 58 percent of teenagers did it, as did 49 percent of those aged 20 to 29. A little more than 13 percent of those aged 50-59 did so.
• Even if most people probably do not initiate text messages while driving, many of those same people find it hard not to read or to respond a text messge if they receive one. The temptation is there because you think, "'This might be important, I'd better check.'

At Montes Herald Law Group, LLP, our attorneys aggressively pursue cases against drivers who cause accidents because they were distracted by talking on a cell phone or text messaging or sending and reading email on a cell phone rather than paying attention to the roadway. Driving While Texting (DWT) is dangerous and puts everyone at risk for causing a wreck that results in serious personal injury or even death. Contact Rachel Montes or Tom Herald for a free case evaluation if you have been injured in a wreck by a driver who was not paying attention because he or she was on the cell phone or sending a text message. Although the majority of the cases we handle are in Dallas, Tarrant, Collin, Denton and surrounding counties, we handle cases throughout the entire state of Texas. Our main office is located in Irving, Texas just a few miles from DFW Airport and Love Field. Visit our website at www.MontesHerald.com to learn more about our law firm and our attorneys.

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Study Suggests That At Least Six Percent (6%) Of Accidents Are Caused by Distracted Drivers Using Cellphones
June 09, 2009

While national numbers on fatalities caused by cellphone users have proved difficult to collect, according to some estimates, as many as 6 percent of all car accidents-and more than 2,000 auto fatalities a year-are caused by drivers distracted by their cellphones.

For a state-by-state breakdown of cellphone and text messaging rules and regulations, read the attachment from Governors Highway Safety Association.

The Montes Herald Law Group, L.L.P. is a law firm with offices in Irving and Dallas Texas. We are experienced and qualified attorneys who dedicate our practice to the representation of personal injury victims, including victims of car accidents, drunk driving accidents, premises liability claims, insurance and bad faith claims, construction accidents and other cases where people are severely injured through the negligence and reckless conduct of others. Please visit our website at www.MontesHerald.com for more information concerning our law firm and Rachel Montes and Tom Herald. If you desire a free consultation on a personal injury matter, please call us at (214) 522-9401 or email us at Rachel@MontesHerald.com or Thomas@MontesHerald.com for a free case evaluation.

Attachments:
cellphone_laws.pdf

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North Texas Cities Ban The Use of Cell Phones in School Zones
June 08, 2009

North Texas cities are taking action to reduce traffic accidents by drivers who are distracted by using their cell phones while driving. The list of cities enacting ordinances against the use of cell phones and PDAs to talk, text, email and to surf the internet by drivers while traveling through a school zone continues to grow. While drivers can be cited for using their cell phones and be made to pay a fine ranging from $99 to $200, the violation is not a violation of State law, and therefore does not go on the driver's driving record. Among the cities that have enacted such bans or that are considering a ban include Dallas, Southlake, Highland Park, University Park, Denton, Hurst, Flower Mound, Watauga, Irving, Duncanville, Rowlett and Denison. Across the state many other cities and towns have taken similar action, and it is expected that legislature may enact state-wide legislation this session. It should be noted that Texas law bans the use of hand-held cell phones by school bus drivers who are transporting minors and by drivers under 18 for the first six months after they are issued their license.

 At Montes Herald Law Group, L.L.P. we treat accidents caused by people talking on their cell phone with the same tenacity that we go after drunk drivers. In fact, read our blog which references studies that show that drivers using a cell phone to text message are as distracted as drunk drivers.   If you have been injured by a motorist who was distracted by talking or texting on a cell phone or pda, call Tom Herald or Rachel Montes now at (214) 522-9401 or via our email at Thomas@MontesHerald.com or Rachel@MontesHerald.com and visit our website and blog for more information on the dangers of driving while using a cell phone.

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Survey Estimates 20% of Drivers Send or Read Texts Messages While Driving
June 08, 2009

An estimated 20 percent of drivers are sending or receiving text messages while behind the wheel, according to a Nationwide Insurance study. Even more alarming is the percentage of 18 to 24 year old drivers who admit to texting while driving. One study estimated that sixty-six percent (66%) of drivers ages 18 to 24 send or read text messages while driving.

Five females died in a collision with a tractor trailer in Rochester, New York a week after graduating high school. Keisha Koneski (R) was traveling in the car behind them when the crash took place.

In June, five female friends died in a collision with a tractor trailer just a week after graduating from, high school. Police discovered the teenage driver had been texting moments before the crash. At least 16 states are considering legislation that would outlaw or restrict the practice. However, Texas is not among those states that have enacted or are even considering enacting laws against texting while driving. A Harris Interactive Poll from August shows 9 out of 10 American adults believe that sending text messages or E-mails while driving is "distracting, dangerous, and should be outlawed." Only two states expressly prohibit texting while driving. Washington banned the practice last May, and New Jersey followed suit in November. Similar bills are now in the works in Delaware, Florida, Hawaii, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, New Hampshire, New York, Ohio, Rhode Island, Tennessee, Virginia, and West Virginia.

These anti-texting laws are following on the heels of a wave of more general bans on the use of cellphones while driving. Five states already prohibit all drivers from using hand-held phones, and 24 more haveconsidered similar legislation. Several states have such restrictions for younger drivers.

The Montes Herald Law Group, L.L.P. is a law firm with offices in Irving and Dallas Texas. We are experienced and qualified attorneys who dedicate our practice to the representation of personal injury victims, including victims of car accidents, premises liability claims, insurance and bad faith claims, construction accidents and other cases where people are severely injured through the negligence and reckless conduct of others. Please visit our website at www.MontesHerald.com for more information concerning our law firm and Rachel Montes and Tom Herald. If you desire a free consultation on a personal injury matter, please call us at (214) 522-9401 or email us at Rachel@MontesHerald.com or Thomas@MontesHerald.com for a free case evaluation.

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Study Shows Drivers Who Use Cell Phone Are Just as Impaired as a Drunk Driver
June 07, 2009

Studies show that people who talk on the phone or text message while driving are actually as impaired as drunk drivers, braking almost 20 percent slower than other motorists. Motorists who talk on cell phones while driving are as impaired as drunken drivers with blood-alcohol levels at the legal limit of 0.08 percent. According to Jim Moulin of the University of Utah. "We found that people are as impaired when they drive and talk on a cell phone as they are when they drive intoxicated at the legal blood-alcohol limit," said Frank Drews, an assistant professor of psychology at the University of Utah. Previous studies have suggested as many as 2,600 people are killed each year in accidents involving drivers on cell phones. About 10 percent of drivers say they sometimes talk on cell phones while driving, and that figure is growing.

The University of Utah study compared drivers who were using cell phones (both hands-free and hand-held) and compared their driving to drivers who were not using a cell phone and to drivers who were legally intoxicated with a blood-alcohol level of 0.08. The study revealed that those talking on either handheld or hands-free cell phones:

• Drove slightly slower than those not talking on a cell phone (This finding is consistent with many people's personal observations that drivers on cell phones appear to be unaware that they are not driving with the flow of traffic and are creating driving hazard);
• Were 9 percent slower to hit the brakes when necessary as compared to drivers who were not using a cell phone (This finding is consistent with the notion that a driver on a cell phone is distracted, and a distracted driver has a slower reaction, if any, to potential hazards on the roadway);
• Showed 24 percent more variation in their following distance, (This finding is consistent with the general observation that most people have that a driver on a cell phone tends to vary his or her driving from either tailgating or having a very large distance to the next vehicle, but that the driver cannot maintain a consistently safe distance because the driver is distracted.) and
• Were 19 percent slower to resume normal speed after braking. (This finding is consistent with the concept that once a distracted driver, such as a driver who is talking on a cell phone realizes that there is a potential hazard and reacts to it, the driver has to take more time to regain his or her bearings than drivers who were paying attention to the surroundings and will be quicker to realize when the danger has passed than a distracted driver.)
• The drunk drivers drove a bit more slowly than both undistracted drivers and drivers using cell phones, yet they drove more aggressively.
• The drunk drivers also followed the pace car more closely, and were twice as likely to brake only four seconds before a collision would have occurred, and hit their brakes with 23 percent more force.

These studies confirm what our common sense tells us about distracted drivers: Drivers that use a cell phone to send or to receive text messages or emails while they drive are a clear danger to themselves and to others. Those who engage in this behavior are acting in a manner which is grossly negligent because it involves an extreme degree of risk that someone will be killed or sustain a substantial physical injury because of a distracted driver. Those that engage in this behavior are aware of the risk but nevertheless continue to engage in such behavior without regard to the rights, safety and welfare of others on or near the roadway, and without regard to the safety of their passengers who often are small children.

Another study conducted by AAA found that nearly half of 16 and 17 year-olds say they text message while driving, and 20 percent of drivers overall admit to occasionally keeping one eye on their keyboards while the other is on the road. Considering that these teenagers are the least experienced driver's on the road, and that often they tend to be driving too fast or under the influence, the addition of another distractor makes for a deadly combination.

Several states are making Driving While Texting illegal. While Texas is not one of those states, California has now joined the movement to prohibit drivers from text messaging (sending or reading a text message) while behind the wheel. That makes California the seventh state to ban texting while driving (DWT). Washington was the first state to ban the practice last year, and it was quickly followed by Alaska, Connecticut, Louisiana, Minnesota, and New Jersey.

The new regulation in California will accompany a law that went into effect this summer that made it illegal to drive while talking on a cellphone without a hands-free device-but unintentionally overlooked the rising popularity of texting. The first offense carries a fine of approximately $76.00 and $175 for each subsequent offense.

More than a dozen other states are considering similar laws, which tend to face little political opposition. A Harris Interactive poll conducted last year found that 9 in 10 adults think text messaging while driving is "distracting, dangerous, and should be outlawed." "Texting while driving is so obviously unsafe that it's hard to imagine that anyone would attempt it," Joe Simitian, the California state senator.

Yet another California law, passed last year, prohibits drivers under age 18 from using a cellphone at all while they are behind the wheel.

Researchers believe that part of the problem is that motorists on the phone don't realize what's going on around them. Previous research has shown that up to 50 percent of the visual cues spotted by attentive drivers are missed by the talkers. Another part of the problem is that people tend to over-estimate their ability to drive while distracted. As has been largely reported in drinking and driving studies that people who are intoxicated tend to believe they can handle it or drive safer after a few drinks, the study reported that. "Eighty percent of drivers think they are above average in their ability to drive while talking on a cell phone.

A recent poll revealed that two-thirds of Americans would support a ban on using cell phones while driving. A separate poll found 28 percent of cell phone users say they sometimes don't drive as safely as they should while talking. For some reason people are quick to criticize other drivers who are distracted by talking on a cell phone, but they think they deny they are guilty of the same problem when they use a cell phone or engage in text messaging while driving.

 If you have been seriously injured in a car wreck because a driver was distracted because he or she was talking on a cell phone or texting while driving, contact Rachel Montes and Thomas Herald of Montes Herald Law Group, LLP to get you fair compensation for your injuries and to hold the driver accountable for his or her reckless disregard of your rights.   Contact your legislators to encourage them to enact tough laws in Texas to make it illegal to Drive While Texting or Emailing.

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