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Showing posts with label Texting. Show all posts
Showing posts with label Texting. Show all posts

Thursday, October 17, 2013

Is Ban On Texting For Commercial Motor Vehicle Drivers Enough?

Is Ban On Texting For Commercial Motor Vehicle Drivers Enough?



Over the past few caducity, several states have enacted laws prohibiting drivers from using handheld electronic devices to paragraph or prattle while operating a motor vehicle. However, the limitations set on the use of uniform devices vary throughout the country, and some states, comparable as Florida, Montana, and South Dakota, have no laws banning the deadly exertion, explains a lawyer. While the state qualification has acted to equipment a ban on texting for the drivers of commercial motor vehicles, it should start a uniform ban on all cell phone use. As long as laws permit some use, the incidence of fatal and injury crashes like those that recently occurred in Orange County, California and Billings, Montana may continue high.
Despite the actuality that more than 3, 000 people were killed in traffic accidents in which distraction was a factor in 2010, the governmental restraint has not enacted a nationwide ban on the use of all portable electronic devices while driving. As of February 2012, using a hand - in charge cell phone while driving was against the law in 10 states, and sending paragraph messages was prohibited in 35 states. In addition, the use of a cell phone by beginner drivers was best in 20 states and the District of Columbia.
Even in states where the use of a hand - decision-making cell phone is prohibited, having the device in the vehicle has proven too tempting for drivers. Currently, a case is underway in Orange County, California in which a woman was distracted while sending subject messages and failed to decelerate for stopped freeway traffic, rear - ending a vehicle at 80 miles per hour, explains a lawyer. The renter of that vehicle suffered fatal injuries. Although the woman contends that her cell phone was in her cup holder at the present of the crash, authorities presume true minx was distracted and are charging her with vehicular manslaughter with the works negligence, reported KABC - TV Los Angeles.
Although adept are no statewide laws prohibiting cell phone use or texting while driving in Montana, direct municipalities have enacted their let on bans, including Billings, the location of a fatal crash last Fine. While safari on Highway 87, a semi - truck driver veered concernment the advancing traffic of the opposite lanes and concern a jeep and a waxen car, comic the two occupants of the jeep and the driver of the car and critically injuring a mother and child. Authorities claimed that the truck driver was distracted at the space of the accident, reported KTVQ. com.
Recognizing the risk truck and bus drivers pose to others on the rode when they operate these enormous vehicles while distracted, the Civic Motor Carrier Safety Administration recently prohibited the use of hand - subject and push - to - prattle cell phones by all commercial drivers.
While the municipal, state, and state laws against distracted driving currently in place may prevent some accidents, a greater impact on the incidence of injuries and deaths caused by the dangerous exertion could, arguably, be made by enacting a governmental ban on the use of all portable electronic devices while operating a motor vehicle, as was recently recommended by the Federal Transportation Safety Board.

Saturday, June 15, 2013

Virginia Personal Injury Lawyers Must Know How To Link Texting To Accidents

Virginia Personal Injury Lawyers Must Know How To Link Texting To Accidents



I have previously written about the dangers of texting while driving, but the latest report from the Federal Transportation Safety Board ( NTSB ) provides more tragic proof of the substantiality of these dangers.
The NTSB is investigating the recent Los Angeles Metrolink commuter train crash, which resulted in 25 deaths and 128 people injured. According to recent reports, it is suspected that the engage in of the train was paragraph messaging when the train ran a cutoff signal and crashed into an oncoming haul train.
Virginia personal injury / accident lawyers also have the understanding to prove a driver who caused an accident was texting.
At the inception of a lawsuit, lawyers can neatly issue a subpoena for the driver ' s cell phone records from the provider by getting the driver ' s cell phone quantity.
Diligent Virginia injury lawyers should also be thoroughgoing to ask whether the person accused of causing the accident has a work phone or uses more than one phone. If so, these providers should also be subpoenaed.
Also, Virginia accident attorneys should interrogate as to whether the driver suspected of causing the accident has a blackberry device in addition to his / her phone. If so, these records should be obtained.
Further, an experienced Virginia accident lawyer will quiz about passengers in the car of the person accused of causing the accident and attain their cell phone information as well.
It is a well - known reality that drivers frequently issue " through " passengers ' devices by " dictating " messages to their passengers to be sent.
All of these cell phone records will authenticate the allotment each subject message was sent or admitted, as well as the same type of information for telephone calls. These records may also prove that the at - fault driver was on the job at the day of the wreck, which could grant a claim against that driver ' s director. As we all know, many employers prepare cell phones and / or blackberry devices to club and do not limit their use to just usual working hours.
If a driver caused a catastrophic automobile accident considering he had his eyes and hands on his cell phone instead of the road or was contradistinct distracted by passengers texting or talking on their phones, since Virginia personal injury attorneys can frame a substantially better case for their clients using cell phone records as evidence to prove the other driver ' s negligence.
Is your Virginia accident lawyer contact this in your case?