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Texting While Driving - Is a Federal Ban Necessary?

Margaret Embry — Thu, 18 Jun 2009 15:05:34 GMT

According to the Montgomery County News, a one car accident occured near Splendora, TX on June 7, leaving the driver critically injured and the passenger dead. The accident has been attributed to the fact that the driver was texting while driving. The passenger, who died several days after the accident,

told the trooper the last thing he recalled was looking up from texting, realizing the truck was about to go into a ditch and calling out to the driver, who he said was also texting.

The next thing he recalled, according to his statement, he was on the ground outside of the truck which was upside down with major damage and his friend critically injured and still inside.

This is an example of one of many accidents occuring because of texting while driving across the United States. Alabama, specifically, ranks the third highest in number of drivers who text while driving in the U.S. (thirty-four percent of drivers), according to a recent survey published by Vlingo Corp. The survey found the highest percentage of texting drivers in Tennessee with forty-two percent, with New Jersey coming in second with thirty-five percent. The lowest percentage was found in Arizona.

While the number of texting while driving related accidents are on the rise, should there be a federal ban on texting while driving? Thirteen states currently have laws against texting while driving and seventeen more states are considering such laws, but some believe that there should be a federal ban, according to an article on CBS News' website. One family whose daughter was killed last year are pushing for a federal ban on texting while driving. The young woman was not texting, but the driver of a tractor trailer a few cars behind her was, leading to her death and the death of another driver.

The largest number of people texting while driving are between 18 and 24. One out of two drivers in this age range text while driving. Some parents who have become worried about their children texting have installed cameras in the young adults' cars. This age group as well as other drivers have learned not to drink and drive because it's against the law so advocates of a federal ban on texting while driving are hoping it will have the same effect as drinking and driving and drivers will keep their eyes on the road and off of their cell phones.

Originally posted at InjuryBoard by Margaret Embry

Police Investigating Car Accident that Killed 3 Alabama Cheerleaders

Jenny Albano — Sun, 02 Dec 2007 15:31:09 GMT

Police are investigating the cause of a car accident that killed three Alabama high school cheerleaders and injured four in Friday night, November 30.

Sarah Casey, 16, Courtney Niceley, 17, and Whitney Bradford, 16, of Warrior, Ala., all died when the car they were in hit a tree and went over an embankment. The driver, Sarah Elizabeth Agee, 17, Brittany Lovejoy, 17, Ariel Nibblet, 17, and Alexandria Thomas, 16, were all injured, but thankfully survived the crash.

The Blount County coroner says that the girls were just goofing around, singing and laughing when the driver lost control of the vehicle. He doesn't think that the accident was caused by anything other than the driver was distracted. The teens attended Hayden High School and were returning home from a cheerleading clinic at the time of the crash.

The accident occurred on Alabama Highway 160 about 10 miles east of Hayden. The 2006 Chevrolet Malibu was traveling westbound at around 9:10 p.m. Thursday when it struck the tree and went over the embankment.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Jenny Albano

Don’t Give Your Car Keys to a Drunk or Careless Driver

Tara Helms — Thu, 09 Jul 2009 17:26:31 GMT

If you do, you could be subject to liability for compensatory and punitive damages if that driver causes a wreck which results in personal injuries. All of us have a legal duty to the public, not to provide a vehicle, or allow a person to drive a vehicle who is incompetent to do so. Incompetency can take many forms such as: inexperience, intoxication, or a bad driving record.

The elements of a cause of action for negligent and/or wanton entrustment of a vehicle are: (1) an entrustment; (2) to an incompetent; (3) with knowledge that he or she is incompetent; (4) proximate cause; and (5) damages.

The test in Alabama, is whether the entrustor of the motor vehicle knew, or from the circumstances could or should have known of the driver’s incompetence. This may be proven by showing specific acts of incompetency that the person giving the keys knew or should have known about. Examples include where the driver has had multiple driving offenses for speeding or DUI that the person entrusting the vehicle knew about, or should have known about. An obvious situation might involve two friends who are out drinking together, and that friend asks to borrow your car. If you know or have reason to know that this person is intoxicated, and you provide him or her the keys to your vehicle, you will likely be subject to liability if that person causes a wreck. Just because you do not personally get behind the wheel of the vehicle does not protect you from liability.

Originally posted at InjuryBoard by Tara Helms

Dangerously Distracted iPod Drivers

Frank Ward — Tue, 07 Oct 2008 16:14:02 GMT

For years now people have been discussing the dangers of drivers talking on cell phones. Some state and local governments now require drivers to use hand-free headsets. More recently the perils of text messaging while driving have been placed in the spotlight. The deaths of five teenagers in New York this summer in a crash caused by the teenage driver text messaging made national news. More recently, the tragic train crash north of Los Angeles, again thrust the dangers of texting back into the nation’s consciousness. Last month California banned texting while driving, joining Alaska, Louisiana, Minnesota, New Jersey and Washington.

Cell phones, however, are not the only electronic devices being used by drivers. What about the dangers of drivers who use iPods or other handheld music players while operating their vehicles? Researchers at the Human Performance Lab at the University of Massachusetts at Amherst have studied the effects of using an iPod while driving. They conducted a study of people driving in a simulator while using iPods. The drivers tested looked away from the road for an average of two seconds when interacting with their iPod. Two seconds may not seem like very long, but it is long enough to triple a driver’s crash risk.

Despite the danger, a brief Google search reveals a host of iPod car chargers and FM transmitters, which allow drivers to listen to their iPods over their car radios, are being marketed to consumers. Apple has given its blessing to these devices by selling them directly through its website. It is surprising that there has not been a public outcry against Apple and iPod accessory makers for their role in facilitating the dangerous use of iPods by drivers. Donald L. Fisher the author of the University of Massachusetts Amherst study has gone on the record stating, “It just seems unacceptable to me, yet they’re selling these holders for the iPod …. Nobody’s talking about this. People are at least talking about texting while driving.”

It is a good thing that this issue is finally getting some attention. New York is currently considering legislation banning iPods and other electronic devices for drivers under 18. Hopefully such legislation and further research will bring this issue to the forefront of the public’s attention.

Originally posted at InjuryBoard by Frank Ward

Wrecks Caused by Drivers Without Insurance

Tara Helms — Sun, 08 Jun 2008 13:37:00 GMT

What would happen if you or your family were seriously injured in a car accident by a driver with no insurance? You might be surprised to learn that your own insurance policy could be used to help pay for medical bills and lost time from work. There are more than 100,000 car wrecks in Alabama every year. Many of these wrecks result in injuries.

Often times, the person at fault did not have any car insurance. But this may not mean that there is no way to make a claim for your injuries and property damage in these cases. The state of Alabama requires that automobile insurance companies provide uninsured/underinsured motorist (“UM/UIM”) coverage unless it is specifically rejected in writing. In other words, if you have full coverage, you also have uninsured/underinsured motorist coverage, unless you signed a document telling your insurance company that you did not want UM/UIM coverage. Therefore, many folks who are injured in accidents can still make a claim for reimbursement for medical bills, lost wages, and property damage, even if they were not aware that those benefits were available to them. Your declarations page of your insurance policy will tell you the type of coverage you have and how much money may be available to reimburse you for your losses. It is also important to pay attention to the number of vehicles listed on the policy as this can increase the amount of coverage benefits available to you; this is known as stacking of benefits.

You must notify your insurance company if you have been involved in a wreck. Be careful however. Just because the policy of UM/UIM is with your own company and you were not at fault, does not mean that your company will automatically pay benefits. You must still prove that you were not at fault for the wreck. You must also prove the extent of your injuries and that the injuries were actually caused by the wreck before you can claim benefits. Therefore, be thoughtful and careful in answering your insurance company’s questions. Don’t let anyone put words in your mouth to improperly suggest that you might have been speeding at the time of the wreck if you were not. Also, be careful when answering questions about any pre-existing medical conditions you may have. Even your own insurance company may use this type of information to deny your claim.

Originally posted at InjuryBoard by Tara Helms

Fatal Car-Truck Accident Shuts Down I-65

Tedford Taylor — Thu, 12 Apr 2007 10:52:01 GMT

As of 7:45 this morning, traffic was stopped on southbound I-65 in Cullman as a result of an early morning car accident that claimed the life of at least one person.

State troopers said the 2 a.m. accident involved a tractor trailer and a car between mile markers 304 and 308, which are the two exits into Cullman.
Southbound traffic is being diverted onto U.S. Troopers expect the southbound lanes to remain closed for several more hours.

This accident adds to a tragic last few days on Southbound 65. Three people were killed over Easter weekend in two separate car wrecks on the Alabama interstate.

Originally posted at InjuryBoard by Tedford Taylor

Federal Jury gives $3.1 Million in Ambulance Suit

Tedford Taylor — Tue, 01 May 2007 09:52:40 GMT

A Madison County federal jury awarded $3.1 million to the family of a woman who was killed in a collision with a speeding ambulance on October 13, 2005. The ambulance was transporting a patient from Fayetteville to Huntsville on a non-emergency basis. The family alleged in their lawsuit that the wrongful death was caused by the carelessness and negligence of the ambulance driver. Judge Lywood Smith presided. After five hours of deliberation, the jury returned the plaintiff's verdict.

Originally posted at InjuryBoard by Tedford Taylor

Car Crash with a Tractor-Trailer Kills Three Men

Christina Cole — Thu, 15 Mar 2007 17:53:25 GMT

Three men were killed in a tragic car accident today when their car crossed a median and struck a tractor-trailer head-on in a collision on Alabama 20, in Limestone County, police said.

The car accident occurred on Wednesday around 5pm between the Mooresville and Greenbrier exits in Limestone County, Huntsville Police spokesperson said.

The driver of the car died on impact and two of the car passengers died at Huntsville Hospital. As of Thursday, the third passenger is listed in critical condition. The truck driver was uninjured in the accident.

Neither the driver nor the three passengers had proper ID, making it difficult for the Police to identify them.

Originally posted at InjuryBoard by Christina Cole