Attorney Client Match Blog

Georgia is one of 38 states that currently have a ban on texting while driving. Previously, we've discussed the distracted driving law that passed in Georgia nearly two years ago. As a recap, current prohibitions include:

- Text messaging banned for all drivers. Fines of $150.
- Drivers under the age of 18 prohibited from using cell phones, regardless of whether a hands-free device is attached. Also bans computer use. Fines of $150.
- School bus operators prohibited from using cell phones while driving, if passengers are present.

However, news coverage since the passing of the legislation has served to only highlight the statute's many flaws and arguable ineffectiveness. In fact, as of October 2012, only about 1300 tickets have been issued under the distracting driving laws, according to the Department of Driver Services in Georgia. It has been so unsuccessful that many senators are considering presenting supplemental hands-free legislation during the 2013 session. Young drivers continue to struggle with compliance (http://blog.attorneyclientmatch.com/2011/12/texting-while-driving-a-problem-for-young-motorists-nhtsa-unveils-new-distracted-driving-measure-and.html) and car accidents brought on by distracted drivers continues to plague the country with ever-increasing frequency.

Both personal injury attorneys and law enforcement officials, it seems, are taking notice. Many have noted that enforcing the laws are extremely difficult, if not borderline impossible. A driver may indeed be pulled over for texting while driving, but officers are hard-pressed to confirm their suspicions, especially when gaining clear evidence may entail illegal search and seizure of a motorist's mobile device. In light of this, many states are considering an experimental technique - actually "spying on motorists while they drive."

Continue reading "Police Resort to Spying on Distracted Motorists in Order to Curb Car Accidents" »

National Transportation Safety Board (NTSB) chairman Deborah Hersman has called a 2010 car accident a "big red flag for all drivers." A 19-year-old traveling near Missouri at 55 mph rear-ended a tractor trailer in the beginning of what could only be described as a deadly, multi-vehicle, chain collision. Initially, reports a writer for the Associated Press, investigators were perplexed as to what could have caused the motorist to crash, but phone records quickly revealed the truth. He had either sent or received 11 texts in the 11 minutes immediately preceding the accident. Considering that texting while driving is a distraction on several fronts - visually, cognitively and manually - it's no wonder that similar crashes often result, especially when teenage drivers are involved.

Still, car accident attorneys aren't surprised that the accident has prompted NTSB to urge a nationwide ban on cellphone use while driving - for all age groups. Distracted driving is a prevalent issue. On Tuesday, December 13th, the National Transportation Safety Board became the first federal agency to "call for an outright prohibition on telephone conversations while driving" and a few states have already heeded the call to a certain extent, Georgia among them. The state recently banned texting while driving, although phone calls are still permitted for those 18 and older. Drivers under the age of 18 are banned from both texting and phone calls.

Continue reading "Texting While Driving a Problem for Young Motorists: NHTSA Unveils New Distracted Driving Measure and NTSB Issues All-Call for a Ban on Cell Phone Use" »

The Governor's Highway Safety Association, headquartered in Washington, D.C. has crafted a synopsis of all state cell phone and text messaging laws, available on its Website at http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html. According to their site, texting while driving has been banned in approximately 35 states so far, with Georgia joining the roster in late 2010. Aimed at curbing instances of distracted driving and subsequent car accidents, violation of the ban in Georgia (and cell phone use by drivers under 18) carries a $150 fine.

Called the Caleb Sorohan Act after a young man who died in a car crash while texting, the law applies to text messages, instant messages (IM), email, and Internet data. It's even enforceable at stoplights. That summer, Atlanta car accident attorneys kept an eye on the act, watching as it was approved by the House (131-19 vote) on April 27, signed by the governor on June 4 and, after a one-month delay, enforced beginning Aug. 1. Today, we continue to keep our eye on the act with one particular question in mind: Will the ban actually result in a marked decrease in car accidents?

It's certainly true that text messaging while driving causes considerable problems for the average driver. A study by the Virginia Tech Transportation Institute conducted in 2009 found that for truck drivers alone, text messaging made the risk of crash or near-crash event 23.2 times more likely than non-distracted driving. Similarly, a 2007 Clemson University simulated driving study discovered that text messaging and fiddling with iPods caused drivers to swerve from their lane 10% more often. Georgia State Patrol officers made their own observations about the phenomenon. Texting drivers tend to weave in and out of lanes, and drive more slowly and, if an accident results, drivers' cell phone records may be subpoenaed.

Continue reading "Car Manufacturer Finds a Way around New Distracted Driving Laws: Car Crashes and Texting While Driving Still Pose Problems" »