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Cell Phone Use More Distracting and Hazardous Than Talking to Passengers
June 10, 2009

A study published in the Journal of Experimental Psychology found that drivers talking on a cell phone are more distracted and more prone to error than if they were speaking with a friend sitting next to them in the car, a new report finds. The study suggests that there is a "shared attention" to the traffic conditions between drivers and passengers that helps to regulate conversation while driving, but that the person talking to a driver on a cell phone does not appreciate the traffic issues the driver is dealing with. "We think it is basically a process of joint attention, so when you have a person sitting next to you who is experienced as a driver, that person actually understands something about traffic, supports you actively in dealing with traffic," explained study author Frank Drews, an associate professor of psychology at the University of Utah in Salt Lake City. "You get very supportive behavior that shows not only in gestures but in switching the conversation . . . to what is happening in the driving environment," he said.

The study examined 41 men and women ranging in age from 18 to 26. Each participant was paired with a friend (not a research assistant) and asked to navigate a 24-mile multi-lane stretch of highway with "real" highway conditions represented on a simulator. Participants were asked to talk about a close-call situation they had experienced. Participants were presented with three scenarios: driver talking on a hands-free cell phone, driver talking with a passenger, or no conversation at all. Drivers were told to exit the "highway" at a rest area about eight miles from where they started. Partners were also told of the instruction.

"Drivers talking on the cell phone just blew by the exit," Drews said. "This is consistent with previous work which showed 'inattention blindness,' a 50 percent impairment of processing visual stimuli" when conversing on a cell phone, Drews said. Half of the drivers talking on cell phones missed the exit. In contrast, only three of 24 drivers missed the exit when talking with another person sitting next to them.

"The issue with cell phones is a concept called attention," said Dr. Christopher Colenda, the Jean and Thomas McMullin Dean of the Texas A&M Health Science Center College of Medicine. "When you're on the cell phone, it appears as though the process of talking with the cell phone may have an impact on one's attention and ability to visualize what's going on in the environment, because you are focused in on an abstract concept called the telephone."

Ultimately, it's the driver who has prime responsibility to operate the vehicle in a safe manner. Talking on a cell phone, "your mind is some place else and not on the road," Colenda said. "When in a car, you're more concerned with the conversation than with the environmental surroundings."

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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A Baby and 3 Other Passengers Are Injured By A 14-Year-Old, Unlicensed Driver
June 10, 2009

It goes without saying that a 14 year old driver was not licensed to operate a motor vehicle. Nevertheless, Dallas Police report that a 14-year-old driver lost control of the vehicle he was driving in Pleasant Grove, and hit a pole in a single car crash that injured four people, including a baby. The facts of the car accident raise more questions about why and how a 14 year old came to be in possession of the vehicle and who allowed or entrusted a vehicle to an unlicensed, under-age driver. Police report that the wreck happened at about 3 a.m. Tuesday, June 9, 2009, when the boy lost control of a Surburban on Jim Miller Road near Bruton Road. The vehicle jumped a curb, hit a power pole, and then slammed into a fence. Police said the baby was in a car seat, but it was not belted into place. The teenager was cited for driving without a license and insurance. In addition to the issue of how an unlicensed driver came to be in possession of the car keys, there are questions about why the teenager was out so late into the morning when most cities in the Metroplex enforce a curfew even during the summer. Police did not indicate where the parents of the baby were or why the baby was out with the 14 year old at the time of the incident, or if police were investigating that issue.

This case highlights that not only can the driver of a motor vehicle be held liable for his negligence in the operation of a motor vehicle, but also that people who entrust a vehicle to a driver that they know or should have known was (1) unlicensed, (2) incompetent (usually because the driver is under the influence of drugs or alcohol or perhaps because the driver is physically unable to operate the vehicle; (3) reckless driver (because of a history of poor driving). May be held accountable for their negligence in entrusting a vehicle to such a driver. Another example of negligent entrustment occurs when someone lends a vehicle that they know or should have known was unsafe or not properly maintained to another driver. In short, the law expects that if you are going to let someone drive your vehicle, you have a responsibility to make sure the driver is qualified to drive your vehicle, and that your vehicle is safe to drive. It is easy to see that in a situation with a 14 year old driver, the driver will be unlicensed, and will not have received the proper training or have the experience to maintain control of the vehicle to operate it safely. In addition, there is a common sense issue at play here that should alert the owner of the vehicle that kids should not be out so late, and therefore their judgment is to be called into question.

If you have been injured in an automobile accident anywhere in the Dallas Fort-Worth metroplex, you need lawyers on your side who will investigate the issues not only of the wreck, but also issues regarding the ownership of the vehicle and whether the driver was negligently entrusted with a vehicle or driving a vehicle in the course and scope of his or her employment such that the employer can be held responsible for the driver's negligence. At Montes Herald Law Group, LLP, our attorneys aggressively investigate cases to preserve evidence of the other party's responsibility and of your pain and suffering, medical expenses, lost wages, punitive damages and other damages that you are entitled to recover by law. Contact RachelMontes or Thomas Herald at (214) 522-9401 to get a free case evaluation today, and visit our website at www.MontesHerald.com to learn more about our firm.

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