Posts Tagged ‘“texting while driving”’
Please Put Down Your Cell Phone, Eliminate Driving Distractions for Back to School
We suggest parents now talk to your children about the rules for getting to and from school safely. No skipping over the hard part: talking about when everyone, parents and children alike, should put down the cell phone.
Walking to School. Encourage your child to use sidewalks and crosswalks with crossing guards or walk signals. Agree on a route with your child and never let them walk alone. Every year, drive or walk the route yourself so you can identify any problems.
Bicycling. Make sure your child wears a helmet – it’s the law and it’s common sense. While your child has many of the same rights as a driver, remind them to take it slow in parking lots or and when passing cars. They should learn to make eye contact with drivers in their vicinity–that way they can read the intention of the driver more clearly. Read about Massachusetts law for bicyclists.
Late Activities. It will get dark earlier now. Make sure you child has a safe way home after it gets dark. Consider picking them up or make other arrangements.
Reflective Clothing. If your teenager needs to walk at night or be near traffic, consider purchasing reflective clothing to keep at home. Many backpacks and sneakers have reflectors–look for products like that.
Ask Your Children to Put Away Their Cell Phone. When students are distracted, they may not be able to respond to drivers who are not using caution. Safe Kids Worldwide, a non-profit organization, recently reported that it observed 34,000 children crossing the street near 68 U.S. schools. Of these, one in five high school students were distracted by an electronic device. The rate was one in eight among middle school students.
The numbers are significant because pedestrian accidents involving teens age 16-19 have increased 25 percent over the past five years, Safe Kids Worldwide reports. This age group now accounts for about half of all pedestrian accidents among youth.
School Buses. At the beginning of the year, stand out at the bus stop with your children. Explain to them the appropriate areas to stand while waiting and how to board the bus.
Parents and Teen Drivers: Commit to No Distracted Driving
Finally, parents if you are driving, commit to putting away your cell phone. Texting while driving is against the law in Massachusetts and that includes viewing texts, e-mails or browsing the Internet.
Drivers need to eliminate distractions, especially when children are in the car, and especially in busy drop-off areas at schools, because car accidents can occur. This time of year, bus drivers and other parents who are driving are still getting used to their new routine and may not use proper caution when stopping or turning.
Also avoid using your cell phone while parked outside of schools or at bus stops waiting for your children – even just to make phone calls. An accident can happen in the instant you let your guard down and reach for your cell phone to view a text message or check in on a social media account.
If you have a teenager who drives, remind them not to use their cell phone while driving (this is the law in Massachusetts for junior operators). You have probably done so in the past, but explain the school parking lot is busy and there is no room for distracted driving. If they want to use their cell phone in a parking lot, suggest they park the car, get out and walk off the pavement first.
Related:
Distraction.gov
Filmmaker Explores Painful Consequences of Texting While Driving
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Filmmaker Explores Painful Consequences of Texting While Driving
We want to share a story we heard on NPR this morning. Texting while driving remains one of the leading safety hazards on our roads today, despite years of public service announcements, educational campaigns and media stories of tragedy.
German filmmaker Werner Herzog has now released a new and less traditional public service announcement. In an in-depth 35-minute film, he speaks to victims, families, law enforcement and drivers who made the mistake. In one case, he shows the daughter of a victim reunited with the driver who killed her father. In another case, a woman who was seriously injured by a texting driver faced more than a million dollars in medical bills.
The film is called, “From One Second to the Next,” and can be viewed below. It is part of the AT&T “It Can Wait” campaign.
In the NPR interview, Herzog said: “The message is very, very simple. Don’t text and drive.”
https://www.youtube.com/watch?v=_BqFkRwdFZ0
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Texting While Driving Study: Voice-to-Text is Not Safer
We all have one: a cell phone we keep close by throughout the day, to keep in touch with work and the people in our lives. Many of us now use smart phones so in addition to talking and texting, we have quick access to apps, cameras and other neat gadgets. The bottom line is we get more use from our mobile phones now than ever.
While the conveniences are nice, they are a negative when it comes to driving. Studies have long shown cell phone use of any type is a distraction which can result in drivers taking their eyes off the road and causing motor vehicle accidents.
Most states have some restriction on use. The District of Columbia and 39 states, including Massachusetts, ban texting while driving. Ten states and the District of Columbia ban all phone use by drivers. Massachusetts bans all cell phone use for drivers under 18.
Some say these efforts and related educational campaigns are falling short and the use of smart phones is actually increasing. The market has certainly grown dramatically. By last October, the count was over 1 billion smart phone users worldwide, according to one firm’s report. By 2015, another billion users are expected to get smart phones.
Many new users are using talk-to-text technology while they drive, but a new study finds this is not actually any safer. The study by the Texas A&M Transportation Institute was released during April’s National Distracted Driving Awareness Month. The study was the first to compare voice-to-text and manual texting.
The Study
The transportation institute studied 43 research participants driving a vehicle on a closed course. Drivers traveled the course without any cell phone use, then three more times performing texting exercises. On the first two laps, they used two different voice-to-text applications. On the third lap, they texted manually.
Researchers found driver response was significantly delayed when drivers used voice-to-text or sent text messages. In both cases, drivers took about twice as long to react as they did when they were not texting.
Manual texting required slightly less time than voice-to-text, but driver performance was roughly the same.
One theory for why is drivers who used voice-to-text had to look down at the phone after they spoke their message and check it before sending, taking their attention from the road.
Massachusetts Texting While Driving Law
The Massachusetts law which bans texting while driving is M.G.L. c. 90, Sec. 13B. It took effect Sept. 30, 2010.
Under the law, drivers in Massachusetts are banned from both texting and e-mailing while operating a car. They cannot read or browse the Internet. Voice-to-texting is not specifically addressed in the law.
Some police departments are seeking to enforce the law. In January, West Bridgewater police stopped 51 drivers over four hours on a Saturday afternoon. In March, another four-hour sting caught 43 drivers texting.
Texting while driving is a non-criminal offense which carries a $100 for the first offense, $250 for the second offense and $500 for the third.
Drivers who are texting and driving and cause injury or death can also be criminally charged under M.G.L. c. 90, Sec. 24(2)(a). Read about a recent case.
Car Accident Study: Drivers Who Use Cell Phones May Show Other Risky Behaviors
A new study raises the question of whether driving while using a cell phone is the safety risk or a symptom of a larger problem: an aggressive driver with dangerous habits.
Researchers at the Massachusetts Institute of Technology (MIT) found drivers who engaged in frequent cell phone use are higher-risk, even when their phone is out of use. The researchers studied the behavior of 108 Greater Boston drivers. About half admitted to frequent cell phone use while the others said they rarely talked behind the wheel.
The frequent cell phone users tended to drive faster, changed lanes more often and spent more time in the far-left lane. They were also more likely to accelerate rapidly and slam on the breaks.
The data supports the focus on cell phone use: The National Safety Council (NSC) estimates about 1 of 5 car accidents involve drivers who were on the phone.
But researchers say even as the number of cell phones has increased nationwide, the number of car accidents has not, leading to one possible conclusion that drivers who talk behind the wheel are also engaging in other risky behaviors.
Massachusetts is among 39 states which have banned texting while driving. Ten other states ban talking on the phone unless a driver uses a hands-free device. Recently in Massachusetts, lawmakers have considered full cell phone bans to reduce car crashes.
Researchers are investigating whether the answer lies beyond new laws. They are considering retraining programs for drivers which discourage cell phone use and provides warning about other bad habits. Focus is also on auto collision warning systems or sensors which identify when cars cross a lane.
Related:
- It’s not the cell phone, but the driver that’s high risk, The Boston Globe.
- Texting while driving accidents, Breakstone, White & Gluck.
- Distraction.gov.
Texting While Driving Case Highlights Dangers, Liability
A Haverhill teenager was sentenced to jail time this week for causing a fatal accident by texting while driving, raising the issues of painful consequences, criminal punishments and civil liability families can face for what is becoming an all-too-common practice.
The case was the first of its kind in Massachusetts, where a ban on texting while driving took effect in 2010. As the 18-year-old driver was sentenced this week in Haverhill District Court, the public learned what criminal punishments violators can face. But the public should also be aware of what they did not see in the media: If a teen causes a car accident, they and their parents might also be sued civilly and may have to pay their victims significant financial damages.
In cases involving injury and death, a parent who negligently entrusts a car they own to a teen who they have cause to know is texting behind the wheel may be found liable for negligent entrustment. If so, then the parent might be sued and forced to pay damages to a victim.
Case of Texting While Driving
On February 20, 2011, Aaron Deveau, 18, was driving in Haverhill and crossed the center line, striking a car driven by a 56-year-old New Hampshire man. The man died of his injuries a few weeks later, while his passenger, a 59-year-old Haverhill woman, was severely injured and left with physical disabilities.
After the man’s death, Deveau was charged with motor vehicle homicide and texting and causing injury. The motor vehicle charge carried a maximum sentence of two and a half years in jail and the texting and causing injury was punishable by up to two years. A Haverhill District Court jury found him guilty of both charges and Judge Stephen Abana sentenced him to the maximum penalty. However, Deveau will serve a year concurrently on both charges and the balance of the charges is suspended for five years. His license will be suspended for 15 years on the motor vehicle homicide charge.
Prosecutors have been able to charge negligent drivers with texting and causing injury since September 30, 2010, when the Massachusetts law banning texting while driving took effect. The law banning use of electronic devices while driving is M.G.L. Chapter 90, Section 13B. If drivers cause injury or death, they can be criminally charged under M.G.L. Chapter 90, Section 24(2)(a).
The law applies to all electronic communications, including sending and reading texts, sending and reading emails, and any sort of internet browsing. For non-criminal charges (if there is no accident or injury), the fine is first $100, then $250, and then $500. Insurance surcharges do not apply to the civil penalties.
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Motor Vehicle Accidents Increase When Teen Drivers Carry Teen Passengers, Study Reports
Among drivers, teenagers have long been known as the most likely to be involved in car accidents. But a new study released by AAA’s Foundation for Traffic Safety is now quantifying how much that risk increases when teen drivers travel with other teens.
The study relies on federal fatality statistics and shows the risk for a fatal motor vehicle accident increases by almost half when a 16- or 17-year-old driver has one teen passenger in the car. The risk for a motor vehicular fatality doubles with two passengers and quadruples with three or more.
During the past decade, many states have implemented graduated licensing laws which have increased training requirements for new drivers, while also placing restrictions on passengers and hours of operation.
The Massachusetts’ junior operator license law prevents drivers from carrying passengers under the age of 18 during the first six months of having a license. There is an exception for siblings.
The law further bans teen drivers under 18 from operating between 12:30 a.m. and 5:00 a.m. unless accompanied by a parent or guardian.
In 2010, the state of Massachusetts strengthened junior operator restrictions when it banned the practice of texting while driving for all drivers. While most drivers face a fine for first-time offenses, teens face heavier penalties of fines, license suspensions and are required to attend retraining classes.
Drivers age 18 to 20 report the most phone use during motor vehicle accidents, according to the National Highway Traffic Safety Administration (NHTSA). The age group is three times more likely to report they are reading or sending a text message or e-mail during a car accident than drivers over age 25. Reports of texting while driving drops significantly as age increases, the NHTSA figures show.
We urge parents to strictly enforce junior operator laws in their homes. In addition to helping teenage drivers get experience without distraction, preventing use of a family car in violation of the junior operating laws is one way to avoid claims for negligent entrustment of an automobile.
Related:
Car Accidents in Massachusetts Would Be Reduced Under Cell Phone Ban
A ban on using hand-held cell phones behind the wheel was approved by the Massachusetts Legislature’s Joint Transportation Committee this week.
On Thursday, the committee voted 8-0 to move forward the bill which advocates say will reduce car accidents, driving injuries and motor vehicle deaths. Some lawmakers did not vote on the ban, which was also discussed in 2010. That year, a new law took effect to reduce motor vehicle accidents by banning drivers under 18 from using cell phones to talk or text. All other drivers were banned from texting while driving.
Under the proposed cell phone ban, drivers would still be allowed to use hands-free cell phones with Bluetooth and other devices. Many safety advocates say hands-free cell phones are safer and this type of ban will help police better enforce the law. Right now, police say it is difficult to differentiate between drivers dialing a phone number and sending a text message.
As a result, police only wrote 1,100 tickets for texting while driving in the law’s first year, according to the Department of Transportation. This averages one for every 200 speeding tickets issued among Massachusetts’ 4.7 million drivers in the same period.
The hand-held cell phone ban will now be sent to the Massachusetts House of Representatives and Senate. The Ways and Means Committee may also consider the financial aspects of it.
If approved, Massachusetts will become the 10th state to ban any type of cell phone use while driving.
The national debate over cell phone use and car accidents has been growing stronger.
In December, the National Transportation Safety Board (NTSB) called for a nationwide ban on driver use of portable electronic devices (PEDs) while operating a motor vehicle. U.S. Secretary of Transportation Ray LaHood said he opposed including hands-free cell phones.
Click here to read more about the proposed hand-held cell phone ban in The Boston Globe.
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Massachusetts Considers Ban on Cell Phone Use While Driving
Massachusetts lawmakers will consider tougher laws this week to reduce car accidents associated with cell phone use.
The Legislature’s Joint Commission on Transportation will hold a hearing Tuesday to discuss several bills. One proposed measure would only allow drivers to use hands-free cell phones. Another would ban drivers from using any type of cell phone within school zones.
Just nine states and the District of Columbia prohibit all cell phone use while driving. Massachusetts joins 34 other states and the District of Columbia in banning texting while driving for all drivers.
In December, the National Transportation Safety Board (NTSB) recommended a nationwide ban on driver use of portable electronic devices (PEDs) while operating a motor vehicle. The recommendation would ban use of all non-emergency portable electronic devices and the board wants to follow the NHTSA’s model of high-visibility enforcement and focused safety communication campaigns. U.S. Secretary of Transportation Ray LaHood is opposed to including hands-free cell phones in the ban.
Texting while driving, cell phone use and other distracted driving behavior causes a large number of car accidents across the country each year. In 2009, 16 percent of fatal motor vehicle accidents involved texting while driving and other distracted behavior. Twenty percent of car accidents resulting in injury involved distracted driving.
Massachusetts’ ban on texting while driving took effect Sept. 30, 2010. But Massachusetts, like other states, has found its ban hard to enforce. The law bans texting while driving in a moving car, as well as when behind the wheel at intersections. But critics say it is often difficult to tell whether a driver is texting or dialing a number.
Another challenge is Americans are sending more text messages than in the past. In June 2011, more than 196 billion text messages were sent in this country, a 50 percent increase from June 2009, according to CTIA, the international association for the wireless telecommunications industry.
There is research which shows any type of cell phone use engages a driver enough to create a dangerous distraction. A Carnegie Mellon University study found using a cell phone behind the wheel reduces the amount of brain activity associated with driving by 37 percent. And a study from the Virginia Tech Transportation Institute (VTTI) found that headset cell phone use is not substantially safer than hand-held use.
But when drivers text behind the wheel, they are 23 times more likely to get into a car crash than normal, the VTTI study found. Sending or receiving a text takes a driver’s eyes off from the road for an average of 4.6 seconds, which is the full-length of a football field for a car traveling at 55 mph.
Read more about Massachusetts’ proposed bans on cell phone use. Read more about the NTSB’s recommendation to ban driver use of ban portable electronic devices.
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Prevent Teen Driving Accidents This Summer
Summer is here and many teenagers who have licenses want to get behind the wheel and drive around with friends. But we all must remember safety first and to help them take precautions.
Motor vehicle crashes are the leading cause of death for teens in Massachusetts and across the country. In 2009, eight teenagers ages 16 to 19 died each day from motor vehicle injuries. When teenagers survive accidents, they may be left to cope with painful injuries that require years of recovery. And others are likely to be seriously injured as well.
The majority of teen car accidents happen within the first year a teen holds a license. The risk increases when teens drive with their friends or when they drive at night. While many associate drowsy driving with truck drivers, teen drivers are also likely to drive with sleep deprivation, increasing the likelihood of car accidents.
Many auto accidents result from driver inexperience. Because of this, teen drivers should stay on familiar roads for a few years. For example, it is probably too much for teenagers to attempt to drive from Worcester to Boston, Cambridge or Quincy during rush hour alone in their first year. Work up to distance. But talk to them about shopping plaza and fast food parking lots. These are frequent stops for teenagers. But parents can help teenagers by visiting stores with them, suggesting safe areas to park and talking to them about the busy hours. By waiting an hour, teens can drive into safer conditions.
Teen driving accidents can also result from recklessness, immaturity, ignoring safety laws, driving drunk and driving while distracted. Distracted driving behavior includes driving to loud music, being overly involved in conversations with friends, eating and drinking, talking on a cell phone and texting while driving.
The reckless behavior includes drag racing and car surfing on the exterior of a motor vehicle. This thrill-seeking behavior often leads to teens falling off the car and suffering head injuries and other injuries. This behavior is dangerous anytime a vehicle is moving, even at low speeds of 5 mph.
Massachusetts has a graduated licensing law for teenagers. Operators must hold a driver’s permit for six months before applying for a Junior Operator’s License at 16 1/2. They graduate up to a full license at 18.
For the first six months of holding a license, junior operators cannot ride with anyone under 18 in the car, except for family members. Teens are not allowed to use cell phones or drive between the hours of 12:30 a.m. to 5 a.m. They face stiff penalties if caught operating under the influence of alcohol.
The state has a strong law, but parents must speak to their teens before and after they receive their license about concentrating on the road, wearing seat belts and using good judgment when driving or riding as a passenger. Because teens are out of school and looking for things to do, summer is the most important time of year to have this discussion.
Resources for Parents
The Boston personal injury lawyers at Breakstone, White & Gluck have compiled a few resources to help parents talk to teenagers about avoiding car accidents:
Teen Safety Materials from the Centers for Disease Control & Prevention
Preventing Tragedies from Teens Driving While Texting, Distracted
U.S. Transportation Secretary Ray LaHood and Consumer Reports have put attention back on an important safety issue by announcing a partnership to help prevent car accidents by teens driving while distracted and texting while driving.
They released a poll that shows how widespread the problem remains, even after many states have adopted graduated licensing laws that ban teens from texting while driving or using cell phones in any capacity behind the wheel.
Among those polled, 63 percent of people under 30 said they have used a handheld phone while driving. Thirty percent admitted to texting while driving. Only a third said they feel such behavior is very dangerous and could cause motor vehicle accidents or pedestrian accidents.
Those rates were higher than for drivers over 30. Among those respondents, 41 percent admitted to using a cell phone while driving. Nine percent had texted while driving.
A 2009 study by the Virginia Tech Transportation Institute shows the risk for a car accident is 23 times greater when texting while driving. The study was financed by the Federal Motor Carrier Safety Administration.
LaHood and Consumer Reports have released a brochure called “Distracted Driving Shatters Lives,” offering tips for parents, including:
Set a good example and put away your own phone in the car. Some 40 percent of young people ages 12 to 17 say they have witnessed a driver using a cell phone in a way that threatened to cause a motor vehicle accident and result in personal injury.
Talk to your teen. Tell your teen it’s important not to use the phone or text while driving. Show them statistics about car accidents caused by texting while driving.
Establish driving rules and sign a pledge. Let your teenager know what you expect from them while driving. Put not using a cell phone while driving at the top of the list. Tell your teen what the punishment will be if they break the rules and have them sign a written contract to reinforce your message. And remind them they may face other penalties.
Many states, such as Massachusetts, have graduated licensing laws that ban drivers under 18 from using cell phones while driving. Under Massachusetts’ Safe Driver Law, drivers under 18 face a 60-day license suspension if they are caught using a cell phone behind the wheel. They must also pay a $100 fine and take an education class. The penalties increase for subsequent offenses.
To read the “Distracted Driving Shatters Lives,” brochure, click here.
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