Auto Accidents: Drivers Distracted by Text Messaging and Using Cell Phones While Driving

The federal government formally barred truckers and bus drivers from sending text messages while behind the wheel. Under this new legislation, drivers of commercial vehicles caught texting could be fined up to $2,750.

Although some critics of the legislation claim that enforcement of texting ban is problematic, and that it might prove more symbolic than practical. However, most legislators see this as a first step towards creating an environment that discourages distracted driving. “We want the drivers of big rigs and buses and those who share the roads with them to be safe,” said U.S. Transportation Secretary Ray LaHood. “This is an important safety step, and we will be taking more to eliminate the threat of distracted driving.”

LaHood has made the effort to curtail driver distractions a centerpiece of his tenure as the nation’s top transportation official. A study released by Virginia Tech’s Transportation Institute found that when truckers text, they are 23 times more likely to be involved in a crash or close call. In announcing the ban, LaHood mentioned data compiled last year by the Federal Motor Carrier Safety Administration. The agency said that texting drivers take their eyes off the road for an average of 4.6 out of every six seconds. At 55 mph, he said, that means a texting driver travels the length of a football field, including the end zones, without looking at the road.

In addition, there appears to be a growing movement towards a nationwide ban against texting while driving that would apply to all drivers. One group of senators has drafted legislation that seeks to bar all texting while driving. In addition, members of the House of Representatives are working on their own bills to restrict texting while driving.

Effective January 1, 2010, texting while driving in Austin will be Illegal. The new law will still allow drivers to use their cell phone as a cell phone while driving, but not the texting and email functions that have become so popular. There will be a 30 day grace period for drivers to become accustomed to the new law. After that, a ticket will cost drivers up to $200. Unlike many other cities that have enacted bans on driving while texting, the Austin ordinance is not limited to school zones or to teenage drivers. This ban will be in effect for all drivers everywhere in the City.

The new city ordinance is due in part to the overwhelming research studies which continue to show that driving while texting or (DWT) can be just as dangerous as or even more dangerous than drinking and driving, and that drivers who text while driving are significantly distracted from their duties to operate a motor vehicle. Findings from the National Highway Traffic Safety Administration blamed distracted drivers for 6,000 fatalities and half a million injuries in 2008. In December, 2009, the issue became a national issue when President Barack Obama signed an executive order stating that any government employee or its contractors that drive a government vehicle or using a government cellphone should not text while driving. The order blames texting while driving — henceforth to be referred to as a DWIt, or driving-while-intexticated — for everything from distracting drivers to causing deadly crashes. The executive order came as Congress wrapped up a two-day Distracted Driving Summit, in which distracted drivers were referred to as “a menace to society” and “an epidemic that seemed to be getting worse every year.”

In addition, the Austin city ordinance is also due in part to the fact that efforts by Texas legislature enacted some new laws that make it illegal to text while driving, but the Austin City Council saw a need to make the ban apply to more than just a limited number of situations.

As of September 1, 2009, for the first time, the Texas legislature imposed state-wide restrictions on the use of cell phones and pda’s. The new laws include:

• No handset talking or texting while driving are allowed when the school zone is active. Hands-free devices while driving and handset use WHILE STOPPED are allowed as are calls in certain emergency situations.
• Teenage drivers are prohibited from using wireless devices while driving. This includes a ban on talking on a cell phone, from sending or receiving text messaging and from sending or reading emailing while driving.
• Learners permit holders are prohibited from using handheld cell phones in the first six months of driving.
• School bus operators prohibited from using cell phones while driving if children are present.

The Montes Law Group, P.C. is a law firm with offices in Irving and Dallas Texas. We are experienced and qualified attorneys who dedicate our practice to the representation of personal injury victims, including victims of car accidents and other cases where people are severely injured through the negligence and reckless conduct of others.

Tags: None

It is now illegal to view, send or text message while driving your car in Austin. This new ban on texting is not limited to school zones, it applies anywhere within the City. The ordinance excludes police, fire and paramedics on the job using a wireless communication device. It also excludes drivers who are stopped at a traffic light. This new ordinance banning driving while texting was initially supposed to take effect in November, but council members delayed it until January 2, 2010. Each violation will be a Class C misdemeanor, which carries a fine of up to $500 and can be appealed in municipal court.

In addition, the Austin City Council approved several other traffic ordinances:

•· The city council also passed a resolution blocking police officers from drawing blood of drunk driving suspects. The measure requires technicians to draw the suspect’s blood in a public health setting and with emergency services immediately available.

•· The council also adopted an ordinance that requires motorists to give 3 feet of clearance when passing a bicyclist or other so called vulnerable road users. They include runners, pedestrians or people in wheelchairs. For heavy duty trucks and commercial vehicles the distance is 6 feet. The ordinance takes effect in November.

Following the October 8, 2009 guilty verdict and sentencing of Jeri Montgomery (24) a Humble, Texas woman for negligent homicide in connection with the deadly accident she caused in which she was accused of being distracted by talking on her cell phone, the Harris County District Attorney calls the actions of a Humble woman accused of causing an accident after getting off of her cell phone selfish and narcissistic. The jury convicted Jeri Montgomery of negligent homicide, and she is serving a 30 day jail sentence for causing the accident that killed Chance Wilcox. She was also sentenced to ten years probation.

The Harris County District Attorney Pat Lykos commented, “She’s talking on her darn phone and then she misses her entrance to the freeway,” said. “Big deal. Just drive down to the next one. Why endanger everybody on the road? Part of that is selfishness.” While driving and talking on a cell phone is not against the law in Harris County, unless you are in a school zone, Texas law allows prosecutors to press charges for Negligent Homicide in the event they believe a driver of a motor vehicle was negligent for any reason. In this case, the negligence involves driving while being distracted because of the use of a cell phone. As a result, the District Attorney’s warning is clear to drivers in Harris County that if you are driving in Harris County, you should consider yourself warned. If people are driving while being distracted, regardless of what the distraction is, and engage in another reckless act and cause an accident,” they may be charged with a crime.

Interestingly, the convicted driver, Jeri Montgomery, reportedly told a CBS Reporter that she doesn’t think she got a fair shot, and her attorney has filed for an appeal.

This case is important not only to drivers in Harris County, but to all Texans because it highlights that while the law in Texas does not specifically make it illegal to use a cellular telephone while driving in all situations, in an appropriate case, criminal charges can be brought against drivers who drive recklessly because of being distracted by using the phone. See our blog for a summary of the current Texas laws that make it illegal to drive while using a cellular telephone, but beware that some cities have enacted ordinances that may also limit the use of a telephone while driving

As a general rule, it is not illegal to text while driving in Texas. AAA has initiated a nationwide campaign to pass federal and state laws banning text messaging by all drivers in all 50 states by year 2013. AAA is seeking to implement legislation that will make it illegal to send, write or read text messages or e-mails while driving.

As of September 1, 2009, for the first time, the Texas legislature imposed state-wide restrictions on the use of cell phones and pda’s. The new laws include:
•1. No handset talking or texting while driving are allowed when the school zone is active. Hands-free devices while driving and handset use WHILE STOPPED are allowed as are calls in certain emergency situations.

•2. Teenage drivers are prohibited from using wireless devices while driving. This includes a ban on talking on a cell phone, from sending or receiving text messaging and from sending or reading emailing while driving.

•3. Learners permit holders are prohibited from using handheld cell phones in the first six months of driving.

•4. School bus operators prohibited from using cell phones while driving if children are present.

Research also shows that approximately one in five drivers admit to texting while driving at least once in the last 30 days. The popularity of texting is unquestionable. About two-thirds of Texas teenagers surveyed said they have talked on a cell phone while driving in the past six months, according to the state Transportation Institute. More than half said they had read or sent text messages while driving. A 2007 study said cell phone use was among the primary causes of fatal car crashes among teens. According to CTIA, the number of monthly texting messages reached 110 billion at the end of 2008, a more than 11-fold increase in three years. AAA is asking drivers to go to its website at www.aaafoundation.org/multimedia/headsup.cfm to learn more about its efforts to stop driving while texting.

The Montes Law Group, P.C. is a law firm with offices in Irving and Dallas Texas. We are experienced and qualified attorneys who dedicate our practice to the representation of personal injury victims, including victims of car accidents and other cases where people are severely injured through the negligence and reckless conduct of others.