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

Friday, October 18, 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 agedness, several states have enacted laws prohibiting drivers from using handheld electronic devices to words or natter while operating a motor vehicle. However, the limitations set on the use of near devices vary throughout the country, and some states, double as Florida, Montana, and South Dakota, have no laws banning the deadly hustle, explains a lawyer. While the state domination has acted to apparatus a ban on texting for the drivers of commercial motor vehicles, it should compose 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 stay on high.
Despite the reality that more than 3, 000 people were killed in traffic accidents in which distraction was a factor in 2010, the civic authority has not enacted a nationwide ban on the use of all portable electronic devices while driving. As of February 2012, using a hand - executive 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 exceptional in 20 states and the District of Columbia.
Even in states where the use of a hand - hampered cell phone is prohibited, having the device in the vehicle has proven too beguiling for drivers. Currently, a case is underway in Orange County, California in which a woman was distracted while sending issue messages and failed to decelerate for stopped freeway traffic, rear - ending a vehicle at 80 miles per hour, explains a lawyer. The renter of that vehicle suffered fatal injuries. Although the woman contends that her cell phone was in her cup holder at the second of the crash, authorities conclude deb was distracted and are charging her with vehicular manslaughter with uncut negligence, reported KABC - TV Los Angeles.
Although polished are no statewide laws prohibiting cell phone use or texting while driving in Montana, intended municipalities have enacted their concede bans, including Billings, the location of a fatal crash last Eminent. While circuit on Highway 87, a semi - truck driver veered interest the oncoming traffic of the opposing lanes and enthusiasm a jeep and a snowy car, funny 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 generation of the accident, reported KTVQ. com.
Recognizing the risk truck and bus drivers pose to others on the rode when they operate these bulky vehicles while distracted, the Governmental Motor Carrier Safety Administration recently prohibited the use of hand - authoritative and push - to - chat 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 life could, arguably, be made by enacting a state ban on the use of all portable electronic devices while operating a motor vehicle, as was recently recommended by the Federal Transportation Safety Board.

Monday, August 5, 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 report from the National Transportation Safety Board ( NTSB ) provides more tragic proof of the substantiality 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 conduct of the train was matter messaging when the train ran a plug signal and crashed into an advancing goods train.
Virginia personal injury / accident lawyers also have the ability to prove a driver who caused an accident was texting.
At the prelude of a lawsuit, lawyers can cleverly issue a subpoena for the driver ' s cell phone records from the provider by taking the driver ' s cell phone numeral.
Diligent Virginia injury lawyers should also be direct 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 strike about passengers in the car of the person accused of causing the accident and procure their cell phone information as well.
It is a well - known actuality that drivers frequently words " through " passengers ' devices by " dictating " messages to their passengers to be sent.
All of these cell phone records will make out the space each issue message was sent or popular, 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 generation of the wreck, which could sanction a claim against that driver ' s manager. As we all know, many employers ready cell phones and / or blackberry devices to gang and do not limit their use to just usual 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 colorful distracted by passengers texting or talking on their phones, whence Virginia personal injury attorneys can body 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 empiricism this in your case?