Posts Tagged ‘Thomas A. Herald Best Personal Injury Lawyer in Dallas’
CELL PHONE AND TEXTING LAWS STATE BY STATE | Dallas, Texas Personal Injury Attorney Blog
Several cities and towns have enacted local laws prohibiting the use of cell phone devices while driving. States are soon to follow suit, and many states have enacted legislation restricting or banning cell phone device use altogether. You need to be aware of these changes in order to drive safe. If you are hit by someone using a cell phone device while driving, you may have other legal remedies of recovery available to you in light of these laws, such as “negligence as a matter of law” causes of action because the offender actually broke the law, and that was a proximate cause of the accident or collision.
This chart outlines all state cell phone and text messaging laws. Some local jurisdictions may have additional regulations. Enforcement type is shown in parenthesis.
- Handheld Cell Phones: 8 states (Calif., Conn., Del., Md., N.J., N.Y., Ore. and Wash.), D.C. and the Virgin Islands prohibit all drivers from using handheld cell phones while driving.
- Except for Maryland, all laws are primary enforcement-an officer may cite a driver for using a handheld cell phone without any other traffic offense taking place.
- All Cell Phone Use:No state bans all cell phone use (handheld and hands-free) for all drivers, but many prohibit all cell phone use by certain drivers:
- Novice Drivers: 28 states and D.C. ban all cell phone use by novice drivers.
- School Bus Drivers: Bus drivers in 18 states and D.C. may not use a cell phone when passengers are present.
- Text Messaging:30 states, D.C. and Guam ban text messaging for all drivers. 11 of these laws were enacted in 2010. 26 states, D.C., and Guam have primary enforcement. In the other four, texting bans are secondary.
- Novice Drivers: An additional 8 states prohibit text messaging by novice drivers.
- School Bus Drivers: 2 states restrict school bus drivers from texting while driving.
- Some states such as Maine, N.H. and Utah treat cell phone use and texting as part of a larger distracted driving issue. In Utah, cellphone use is an offense only if a driver is also committing some other moving violation (other than speeding).
Crash Data Collection: Many states include a category for cell phone/electronic equipment distraction on police accident report forms. Recently proposed federal legislation would require states to collect this data in order to qualify for certain federal funding.
Preemption Laws: Many localities have passed their own distracted driving bans. However, some states – such as Fla., Ky., La., Miss., Nev., and Okla. – prohibit localities from enacting such laws.
| State | Handheld Ban | All Cell Phone Ban | Text Messaging Ban | Crash Data |
|||
| School Bus Drivers | Novice Drivers | All Drivers |
School Bus Drivers | Novice Drivers | |||
| Alabama | 16, and 17 wtih intermediate license <6 months (Primary) |
16, and 17 wtih intermediate license <6 months (Primary) |
|||||
| Alaska | Yes (Primary) |
Covered under all driver ban | Yes | ||||
| Arizona | Yes (Primary) |
||||||
| Arkansas | 18 – 20 years old (Primary) | Yes (Primary) |
<18 (Secondary) |
Yes (Primary) |
Covered under all driver ban | Yes | |
| California | Yes (Primary) |
Yes (Primary) |
<18 (Secondary) |
Yes (Primary) |
Covered under all driver ban | Yes | |
| Colorado | <18 (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | |||
| Connecticut | Yes (Primary) |
Yes (Primary) |
Learners Permit and <18 (Primary) |
Yes (Primary) |
Covered under all driver ban | ||
| Delaware | Yes (Primary) (eff. 1/2/11) |
Yes (Primary) |
Learner’s permit and intermediate license holders (Primary) |
Yes (Primary) (eff. 1/2/11) |
Covered under all driver ban | Yes | |
| D.C. | Yes (Primary) |
Yes (Primary) |
Learners Permit (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | |
| Florida | |||||||
| Georgia | Yes (Primary) |
<18 (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| Guam | Yes (Primary) |
Covered under all driver ban | |||||
| Hawaii 1 | See footnote | ||||||
| Idaho 2 | See footnote | ||||||
| Illinois 3 | See footnote | Yes (Primary) |
<19 (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | |
| Indiana | <18 (Primary) |
<18 (Primary) |
Yes | ||||
| Iowa | Restricted or Intermediate Licenses (Primary) |
Yes (Secondary) |
Covered under all driver ban | Yes | |||
| Kansas | Learner or Intermediate License (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | |||
| Kentucky | Yes (Primary) |
<18 (Primary) |
Yes (Primary) |
Covered under all driver ban | |||
| Louisiana | Learner or Intermediate License (regardless of age) |
Yes (Primary) |
1st year of licensure (Primary for <18) |
Yes (Primary) |
Covered under all driver ban | Yes | |
| Maine 4 | <18 (Primary) |
<18 (Primary) |
Yes | ||||
| Maryland | Yes (Secondary) |
<18 w/ Learner or Provisional License (Secondary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| Massachusetts | Yes (Primary) |
<18 (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| Michigan 5 | See footnote | Yes (Primary) |
Covered under all driver ban | Yes | |||
| Minnesota | Yes (Primary) |
<18 w/ Learner or Provisional License (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| Mississippi | Learner or Provisional License (Primary) |
||||||
| Missouri | <21 (Primary) |
||||||
| Montana | Yes | ||||||
| Nebraska | <18 w/ Learners or Provisional License (Secondary) |
Yes (Secondary) |
Covered under all driver ban | Yes | |||
| Nevada | Yes | ||||||
| New Hampshire 6 | Yes (Primary) |
Covered under all driver ban | |||||
| New Jersey | Yes (Primary) |
Yes (Primary) |
<21 w/ GDL or Provisional License (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | |
| New Mexico | In State vehicles | Yes | |||||
| New York | Yes (Primary) |
Yes (Secondary) |
Covered under all driver ban | Yes | |||
| North Carolina | Yes (Primary) |
<18 (Primary) |
Yes (Primary) |
Covered under all driver ban | |||
| North Dakota | Yes | ||||||
| Ohio | |||||||
| Oklahoma | Learners Permit or Intermediate License (Primary) |
Yes (Primary) |
Yes (Primary) |
Learners Permit or Intermediate License (Primary) |
Yes | ||
| Oregon | Yes (Primary) |
<18 (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| Pennsylvania | Yes | ||||||
| Rhode Island | Yes (Primary) |
<18 (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| South Carolina 7 | See footnote | ||||||
| South Dakota | Yes | ||||||
| Tennessee | Yes (Primary) |
Learners Permit or Intermediate License (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| Texas 8 | Yes, w/ passenger <17 (Primary) |
Intermediate Stage, 1st 12 mos. (Primary) |
Yes, w/ passenger <17 (Primary) |
Intermediate Stage, 1st 12 mos. (Primary) |
Yes | ||
| Utah 9 | See footnote | Yes (Primary) |
Covered under all driver ban | Yes | |||
| Vermont | <18 (Primary) |
Yes (Primary) |
Covered under all driver ban | ||||
| Virgin Islands | Yes | Yes | |||||
| Virginia | Yes (Primary) |
<18 (Secondary) |
Yes (Secondary) |
Covered under all driver ban (Primary) |
Covered under all driver ban | Yes | |
| Washington | Yes (Primary) |
Learner or Intermediate Stage (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| West Virginia | Learner or Intermediate Stage (Primary) |
Learner or Intermediate Stage (Primary) |
|||||
| Wisconsin | Yes (Primary) |
Covered under all driver ban | |||||
| Wyoming | Yes (Primary) |
Covered under all driver ban | Yes | ||||
| Total | 8 + D.C., Virgin Islands Primary (7) Secondary (1) |
18 + D.C. All Primary |
28 + D.C. Primary (23 + D.C.) Secondary (5) |
30 + D.C., Guam Primary (26 + D.C., Guam) Secondary (4) |
2 Both Primary |
8 All Primary |
34 + D.C., Virgin Islands |
1 Hawaii does not have a state law banning the use of handheld cell phones. However, all of the state’s counties have enacted distracted driving ordinances.
2 Idaho has a “Distraction in/on Vehicle (List)” attribute as part of its Contributing Circumstances element, and officers are supposed to list the distractions in the narrative.
3 Illinois bans the use of cell phones while driving in a school zone or in a highway construction zone.
4 Maine has passed a law making it against the law to drive while distracted in the state.
5 In Michigan, teens with probationary licenses whose cell phone usage contributes to a traffic crash or ticket may not use a cell phone while driving.
6 Dealt with as a distracted driving issue; New Hampshire enacted a comprehensive distracted driving law.
7 South Carolina has a Distracted/inattention attribute under Contributing Factors.
8 Texas has banned the use of hand-held phones and texting in school zones.
9 Utah’s law defines careless driving as committing a moving violation (other than speeding) while distracted by use of a handheld cellphone or other activities not related to driving.
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
SOLDIER TRAGICALLY KILLED IN FORT WORTH CRASH | Dallas, Texas Personal Injury Attorney Blog
Our thoughts and prayers go out to the family of a young man who had dedicated his life to serving our country in the military. Clinton Young, who had just finished basic training in the U.S. Army was killed Tuesday when he was struck by a car and fell off a highway overpass just miles from his home.
Clinton had stopped along a bridge after his car was side-swiped by a van in a hit-and-run crash, police said. While he was standing near his parked car on the side of the highway, another vehicle then hit him, forcing him over the bridge. He had called his parents after the first accident, and they arrived at the scene minutes later, soon after he was killed.
Friends and family members say that Young, who had always wanted to serve his country, went straight into boot camp soon after he graduated high school in May, and had planned on becoming a military police officer. He had planned to graduate next month at Fort Leonard Wood, Mo., and was home for two weeks at Christmas. He had recently learned his first assignment would be in Germany.
After his death, the Army notified the parents that their son would still be honored during the graduation ceremony, and they said they plan on attending.
Tragedy can happen. Prepare yourself to be able to take extra precautions if you are in an accident on a busy highway or break down. Build a road safety kit that you can carry with you in your car at all times. The kit should include the following items:
– torch
– reflective triangle road safety signs
– traffic cone
– cell phone
– jumper cables
– a tow rope
– portable air compressor
– raincoat
– first aid kit
If you do find yourself stuck on the side of a busy road, first, DON’T PANIC! If possible, make your way over to the left hand side of the road and do not stop on the right hand shoulder.
Avoid stopping on or near bends in the road. Make sure you are visible from ideally 100 meters in each direction.
Pull over as far as you possibly can. You will be amazed by how many cars get hit when parked beside a road.
If you need to change a tire, do your best to stop on a flat road that is not on an incline.
Stop with your wheels pointing towards the barrier (A very important road safety tip). In the event that your car starts to roll, this way it will roll into the barrier and not into the line of traffic.
Turn on your hazards immediately
Make sure all passengers get out the car and stand at a safe distance from the road.
Open your car hood to show other drivers that you are broken down and not just stopped next to the road, this way road safety officers will also be able to identify you and come to your rescue.
Tying a white cloth or t-shirt to your driver side door handle can help alert other drivers.
Use the road safety cones and reflective triangles that you have in your road safety kit. Place these at a considerable distance behind your car so that oncoming traffic has lots of time to react.
If the problem is serious and you are unable to fix it in a short amount of time, do not try and be a hero, call roadside assistance immediately and get them to sort the problem out as they are better equipped with road safety equipment for these exact situations.
Remember, it is all about being prepared, not just with the correct road safety equipment, but also the knowledge to deal with these situations. Spread the word, distribute this article amongst your friends and family and do as much as you can to stay safe.
www.monteslawgroup.com Rachel E. Montes and Thomas A. Herald voted Best Personal Injury Lawyers in Dallas. Rachel E. Montes voted Texas Superlawyer. We specialize in personal injury and wrongful death. Call us, we can help.
BIG CORPORATIONS VS. TWD (TEXTING WHILE DRIVING) | Dallas, Texas Personal Injury Attorney Blog
Did you need yet another message about the dangers of texting and driving? Who would have thought as recently as 20 years ago that we, as a society, would be even thinking about texting, let alone texting and driving. Now, corporate America is jumping on the anti-texting and driving bandwagon.
Dallas-based AT&T released a 10-minute documentary on the dangers of texting while driving. The compelling video shows the real-world consequences of texting and driving by featuring surviving family members of those killed in distraction crashes.
Statistics show that there are a staggering 5 billion text messages sent each day. Texting has become so pervasive, and such a common way of communicating that it is important for everybody to get the message out that texting while driving is dangerous and you really do need to be paying attention when you’re behind the wheel.
Allstate started its own project, asking teen drivers to pledge to not text while behind the wheel.
Allstate held an event in Grapevine for teens to sign an anti-texting and driving pledge. They gave out plastic thumb rings to remind teen drivers to get a designated “texter” when they drive.
State lawmakers are also introducing bills into the new legislative session to make it illegal to text and drive anywhere.
Texting while driving has a more profound affect on reaction times than drivers realize. A road test run by Car & Driver magazine showed dramatically slower reaction times by two test drivers who tried to brake while reading and, separately, writing text messages. Previous studies on DWT have typically been run in car simulators. The magazine believes its study may be the first conducted in a real vehicle on a stretch of road.
To cover different age ranges, two separate tests were set up on a road course–one with 22-year-old Jordan Brown, a Car & Driver intern, the other with the magazine’s 37-year-old editor-in-chief, Eddie Alterman.
Using a Honda Pilot as the test vehicle, both drivers first drove a straight line and were told to hit the brake in response to a light that flashed on the dashboard. That measured their baseline reaction time. The second test had the drivers read a text message while driving; the third asked them to type a message while behind the wheel.
An additional test also compared the effects of DWT with driving while intoxicated, on the same day under the same road conditions. After downing enough alcohol to become legally drunk, the test subjects took to the road again.
The results showed that at 35 mph, it took a sober Brown an extra 21 feet to hit the brake while reading a text message, and an extra 16 feet while typing a message.
At 70 mph, it took him 30 extra feet to jam on the brake while reading a text, and an extra 31 feet while composing.
Those figures compared with an extra 7 feet at 35 mph and an extra 15 feet at 70 mph while intoxicated. However, in his drunken condition, Brown had to be told twice which lane to drive in–a dangerous scenario if he had been in actual traffic.