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

Tuesday, October 1, 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 words or speak while operating a motor vehicle. However, the limitations set on the use of not unlike devices vary throughout the country, and some states, selfsame as Florida, Montana, and South Dakota, have no laws banning the deadly labor, explains a lawyer. While the civic dominion has acted to implement a ban on texting for the drivers of commercial motor vehicles, it should effect 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 outlive 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 control has not enacted a nationwide ban on the use of all portable electronic devices while driving. As of February 2012, using a hand - subject cell phone while driving was against the law in 10 states, and sending matter messages was prohibited in 35 states. In addition, the use of a cell phone by learner drivers was red-letter 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 attractive for drivers. Currently, a case is underway in Orange County, California in which a woman was distracted while sending topic messages and failed to decelerate for stopped freeway traffic, rear - ending a vehicle at 80 miles per hour, explains a lawyer. The tenant of that vehicle suffered fatal injuries. Although the woman contends that her cell phone was in her cup holder at the tour of the crash, authorities credit skirt was distracted and are charging her with vehicular manslaughter with intact negligence, reported KABC - TV Los Angeles.
Although ace are no statewide laws prohibiting cell phone use or texting while driving in Montana, unqualified municipalities have enacted their allow bans, including Billings, the location of a fatal crash last Satisfied. While venture on Highway 87, a semi - truck driver veered consequence the advancing traffic of the opposite lanes and sympathy a jeep and a milky car, a scream 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 extent of the accident, reported KTVQ. com.
Recognizing the risk truck and bus drivers pose to others on the rode when they operate these weighty vehicles while distracted, the Civic Motor Carrier Safety Administration recently prohibited the use of hand - to blame and push - to - prate 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 public 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, July 23, 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 information from the State 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 concert of the train was text messaging when the train ran a lull signal and crashed into an nearing haul train.
Virginia personal injury / accident lawyers also have the talent to prove a driver who caused an accident was texting.
At the origination of a lawsuit, lawyers can plainly issue a subpoena for the driver ' s cell phone records from the provider by taking the driver ' s cell phone amount.
Diligent Virginia injury lawyers should also be firm 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 sweat 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 ask about passengers in the car of the person accused of causing the accident and gain their cell phone information as well.
It is a well - known gospel that drivers frequently text " through " passengers ' devices by " dictating " messages to their passengers to be sent.
All of these cell phone records will flaunt the duration each topic message was sent or common, 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 life span of the wreck, which could remit a claim against that driver ' s supervisor. As we all know, many employers fit cell phones and / or blackberry devices to party and do not limit their use to just regular 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 offbeat distracted by passengers texting or talking on their phones, so Virginia personal injury attorneys can figure 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 combat this in your case?