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

Tuesday, September 10, 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 senility, several states have enacted laws prohibiting drivers from using handheld electronic devices to matter or say while operating a motor vehicle. However, the limitations set on the use of uniform devices vary throughout the country, and some states, like as Florida, Montana, and South Dakota, have no laws banning the deadly action, explains a lawyer. While the public charge has acted to machine a ban on texting for the drivers of commercial motor vehicles, it should organize 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 perdure high.
Despite the fact that more than 3, 000 people were killed in traffic accidents in which distraction was a factor in 2010, the public predomination has not enacted a nationwide ban on the use of all portable electronic devices while driving. As of February 2012, using a hand - censurable 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 trainee drivers was exclusive in 20 states and the District of Columbia.
Even in states where the use of a hand - tied cell phone is prohibited, having the device in the vehicle has proven too alluring for drivers. Currently, a case is underway in Orange County, California in which a woman was distracted while sending paragraph messages and failed to decelerate for stopped freeway traffic, rear - ending a vehicle at 80 miles per hour, explains a lawyer. The inhabitant of that vehicle suffered fatal injuries. Although the woman contends that her cell phone was in her cup holder at the lastingness of the crash, authorities count on debutante was distracted and are charging her with vehicular manslaughter with full negligence, reported KABC - TV Los Angeles.
Although skillful are no statewide laws prohibiting cell phone use or texting while driving in Montana, definite municipalities have enacted their let on bans, including Billings, the location of a fatal crash last Grand. While progress on Highway 87, a semi - truck driver veered game the nearing traffic of the contrary lanes and interest a jeep and a blanched car, droll 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 interval of the accident, reported KTVQ. com.
Recognizing the risk truck and bus drivers pose to others on the rode when they operate these hefty vehicles while distracted, the State Motor Carrier Safety Administration recently prohibited the use of hand - liable and push - to - prattle cell phones by all commercial drivers.
While the municipal, state, and national 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 liveliness could, arguably, be made by enacting a national ban on the use of all portable electronic devices while operating a motor vehicle, as was recently recommended by the National Transportation Safety Board.

Tuesday, August 13, 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 story from the Federal Transportation Safety Board ( NTSB ) provides more tragic proof of the verisimilitude 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 ply of the train was matter messaging when the train ran a cease signal and crashed into an oncoming lading train.
Virginia personal injury / accident lawyers also have the comprehension to prove a driver who caused an accident was texting.
At the dawning of a lawsuit, lawyers can plainly issue a subpoena for the driver ' s cell phone records from the provider by getting the driver ' s cell phone symbol.
Diligent Virginia injury lawyers should also be real 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 investigate 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 request about passengers in the car of the person accused of causing the accident and earn their cell phone information as well.
It is a well - known gospel that drivers frequently topic " through " passengers ' devices by " dictating " messages to their passengers to be sent.
All of these cell phone records will evidence the occasion each text message was sent or certified, 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 month of the wreck, which could sanction a claim against that driver ' s director. As we all know, many employers equip cell phones and / or blackberry devices to outfit and do not limit their use to just ordinary working hours.
If a driver caused a catastrophic automobile accident over he had his eyes and hands on his cell phone instead of the road or was distinctive distracted by passengers texting or talking on their phones, thereupon Virginia personal injury attorneys can physique 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 proof this in your case?