There is a legal theory being tested in some courts that asserts people have a duty to avoid knowingly engaging in text messaging with someone they know or should know is driving. One of the very first cases on civil liability of remote third-party texters – and one that is being cited in other cases – is that of Kubert v. Best. In this case, the New Jersey Supreme Court made a bold ruling in an attempt to combat the harms caused by texting and driving. The court articulated a duty to refrain from sending text messages to someone who is driving if the texter knows – or has special reason to know – that the recipient is going to view the message while operating a motor vehicle.

Now comes the case of Gallatin v. Gargiulo, before a court of common pleas in Pennsylvania. According to court records, decedent was a volunteer firefighter killed in a motorcycle accident by an allegedly distracted driver. His family, plaintiffs, allege the at-fault driver was distracted by a text message sent by one of her employees. 

In the lawsuit, the family seeks damages not only from defendant driver, but also from the employee who sent the text, arguing the worker knew or should have known his boss was driving at the time he engaged her in a text message communication, and therefore contributed to her negligence. The lawsuit also names driver’s landscaping company, as she was in a company-owned pickup truck and was reportedly running an errand for work at the time. Both of these latter claims stem from a legal theory known as vicarious liability.

Will the third-party liability claim prevail? It’s tough to say. Many legal scholars are skeptical, and the precedent set in New Jersey is by no means the norm. Defense lawyers are going to argue their clients have/ had no way of knowing the recipient was on-the-road at the time of the collision. Questions may also be raised about whether the recipient actually opened and was reading the message at the time of the collision. And even if a messenger sends a communication knowing someone is driving, they may expect the driver will wait until at a safe location to read it.

Still, the concept of third-party liability isn’t totally foreign in civil courts – particularly in New Jersey, which has a history of setting legal trends. Courts in that state decided in 1959 that a tavern owner could be liable for drunk driving injuries suffered by an underage drunk driver who the tavern owner served alcohol. The courts later expanded that liability to social hosts – under limited circumstances. These are known as “dram shop laws.”

Florida is historically more conservative when it comes to these kinds of legal theories, but that doesn’t mean it would be impossible to prevail.

If you are injured in a distracted driving car accident in Miami, it’s important to explore all possible avenues of liability.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Before you hit send on that text, you might want to make sure the person you’re sending it to isn’t driving, Nov. 10, 2016, By Fredrick Kunkle, The Washington Post

More Blog Entries:

Snapchat Video Shows Florida Driver Going 115MPH Just Before Crash Killed 5, Nov. 5, 2016, Miami Car Accident Lawyer Blog

The investigation is ongoing, but police said it doesn’t appear speed or alcohol were factors in this crash. Could it be another case of distracted driving?

Far too many serious and fatal crashes are caused due to a distracted driver, whether it be talking or texting on the phone, looking at a GPS, fidgeting with the radio or other controls, eating, and more. When a loved one is killed due to driver negligence, the family may wish to file a wrongful death lawsuit.

Life necessities won’t wait for a lawsuit to settle, but victims should also not be forced to settle for pennies on the dollar jut because of pressing financial needs. If the family retains an attorney and files a claim, they are eligible for litigation funding.

Litigation funding is a cash advance against a pending lawsuit to supplement loss of income, pay funeral expenses, pay down debt, and cover everyday living expenses in order to wait for fair compensation. With the financial pressure removed, there is no need to resolve any case for less than the full case value.
The application process is quick and easy, with no cost to apply, no upfront fees, no monthly payments, no credit checks and no hassles. Once a plaintiff is approved for funding, the money arrives typically within 24-48 hours. Repayment of the cash advance is made from the case proceeds, but if the plaintiff is not successful, there is no obligation to pay us back.

If you have lost a loved one due to the negligence of another driver, have filed a wrongful death lawsuit, and experiencing financial hardship, consider litigation funding from Litigation Funding Corporation. We can be reached at 1-866-LIT-FUND or by completing our online contact form.

Some states follow what is called a “pure contributory negligence” rule. This means that if the pedestrian contributed in the slightest bit to the accident, then he and his auto insurance company cannot recover damages from the driver and his auto insurance company. Other states follow a “comparative fault” rule. This means that a pedestrian can recover some damages even if he was partly at fault.

If you can prove that you suffered a loss and that the injury was a direct result of the driver’s negligence, you may be able to receive financial compensation for your losses. But, insurance companies will typically try to reach a quick settlement and limit recovery to the lowest possible amount, before you retain an attorney. Avoid the trap of agreeing to settle too early for too little. Always consult with an attorney first; there may be future medical expenses, lost wages, and additional damages that you do not know about or did not consider.

Once you file a lawsuit, how will you pay your bills while you wait for your settlement? It’s easy, with our pedestrian accident litigation funding. Litigation funding allows you to get the cash you need to pay your bills and get on with your life while your attorney seeks the maximum settlement. The application takes less than five minutes to complete and funding can be available within 24 – 48 hours after we received the necessary documentation to determine the merits of the case. There are no application fees, credit checks, employment history verifications, or monthly payments.

Ask your attorney for advice on whether pedestrian lawsuit funding would be the right move for your situation. Then, call Litigation Funding Corporation and see how we can help you meet your financial obligations as you wait for your case to settle.

Now, a federal lawsuit against Apple asserts the company filed a patent back in 2008 for a technology feature that would lock out a driver’s phone with certain sensors to determine when the phone was moving and in use by a motor vehicle driver. The theory goes that Apple is liable because it could have prevented certain functions, like texting, and yet chose not to do so. In that patent filing, Apple indicates that the technology was needed because texting behind the wheel had become so widespread and law enforcement had been ineffective at curbing it. The application even went so far as to say that teens especially were vulnerable to risk, and evidence had shown that while teens know it’s dangerous, it doesn’t stop them from doing it.

So the big question then becomes: Then why wasn’t Apple using this technology? 

Car accident deaths have risen to levels we haven’t seen since the 1960’s. The distraction of drivers is a huge part of this problem. So now this lawsuit asks whether Apple had a responsibility to install this technology because it clearly knew drivers would be using their phones for texting and yet failed to stop them – specifically, this woman – from using this feature, resulting in harm to the victims.

Legal analysts have largely concurred that plaintiffs are unlikely to prevail in this action. In order for that to happen, they’d have to show the use of the iPhone specifically caused this fatal accident. Defendant driver was arrested and later convicted of negligent homicide, sentenced to five years of probation. Her criminal defense lawyer says she now drives with her phone in the back seat of her vehicle. But must it really take causing a double fatal accident and paralyzing a young child for life to get drivers to put down their phones? And if so, why don’t phone companies like Apple use the technology they have to prevent these tragic accidents that are known to be happening each and every day in this country?

Apple, AT&T, Verizon and other communication firms have come out with warnings, cautioning people against using their phones while driving. They also concede the laws intended to stop this practice are not working. What legal experts say this shows is an acknowledgement that their products pose foreseeable danger and are routinely being used for illegal and and sometimes fatal activity.

As a spokeswoman for the National Safety Council has said, while the technology is easily available, it’s not used because phone companies, “Don’t have the stomach” to do so. They fear losing their customer base. Meanwhile, families are continuing to lose their loved ones.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Phone Makers Could Cut Off Drivers. So Why Don’t They? Sept. 24, 2016, By Matt Richtel, The New York Times

More Blog Entries:

Court: Companies Can’t Dictate Own Rules for Worker Injuries, Sept. 26, 2016, Miami Car Accident Lawyer Blog

The state alcohol board was slated to hold a hearing on the matter August 4th, but the hearing was canceled when the business chose to give up their license willingly. It’s likely the owners realize they are in for a long and arduous legal battle as it is, given the potential for dram shop liability by the officer’s family.

Although there has been no word yet on any civil filing by the 25-year-old officer’s surviving relatives, that type of civil action may be one avenue of accountability and compensation his family could pursue. 

According to The Bethesda Magazine, the incident in question occurred in December 2015, when Officer Noah Leotta volunteered to work an extra shift to help catch drunk drivers. That same night, a man in that very district was drinking heavily – whiskey and beer – for at least four hours at the same restaurant before his departure in his car.

The 47-year-old driver, who pleaded guilty to vehicular manslaughter in May, reportedly struck Leotta as he was in the middle of a traffic stop. He died weeks later of his injuries. The driver faces up to 10 years in prison. At the time of the crash, his blood-alcohol level was measured to be more than three times the limit of 0.08.

Leotta’s loved ones are pushing for changes in a state law that will require more drivers who fail breath-alcohol tests to install and use ignition interlock systems. These systems require drivers to blow into a device to prove they aren’t drunk before the vehicle will even start. In many states, including Florida, ignition interlocks are not mandatory following a first-time offense, though judges do have the discretion to order it if they choose, per F.S. 316.193. (The exception here is if the driver has a blood-alcohol level of 0.15 or higher or had a minor in the vehicle).

A statement released by an attorney for the national chain restaurant said that given the circumstances, license forfeiture was the right thing to do.

Surviving family members in this case have a few different legal options. Those include:

• Workers’ compensation. The police officer was on-duty at the time of the drunk driving accident. That means that his injuries and subsequent death occurred in the course and scope of employment, which means any dependent family members would be eligible for workers’ compensation benefits.
• Bodily injury liability. This claim would be made directly against the drunk driver, and could be payable by his insurer. If the driver lacked adequate insurance, decedent’s family might be able to pursue underinsured motorist coverage from his own personal policy, or from that which covered his employer.
• Dram shop liability. This is an action taken against the establishment that served the drunk driver alcohol. Dram shop laws vary from state-to-state. In Florida, F.S. 768.125 holds that a person who sells or furnishes alcoholic beverages to a person who is either underage or known to be habitually addicted to alcohol can be held liable for damages.

If you have been injured in a Miami drunk driving accident, we can help.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Hooters To Close Rockville Pike Location in Wake of Officer’s Death, July 25, 2016, By Andrew Metcalf, Bethesda Magazine

More Blog Entries:

Texting and Driving Causes Fatal Miami Car Accident, July 24, 2016, Miami Drunk Driving Accident Lawyer

Authorities report the incident happened shortly after 1 a.m. on a Thursday morning. At that time, a 25-year-old operating a sport utility vehicle southbound on U.S. 1 reportedly blew through a red light at Douglas Road. He was allegedly texting at the time of the crash.

The vehicle went out-of-control, striking two palm trees. He was also allegedly struck by a car that was traveling in the opposite direction. The SUV then turned over. Nearby witnesses described the sound as, “like a bomb.” 

The 25-year-old driver was pronounced dead at the scene.

The driver of the vehicle that had been traveling northbound thankfully was not injured. However, U.S. 1 had to be shut down for hours, re-opening only just after 5:30 a.m. the following morning.

Investigators said cocaine was found in the vehicle, but it is too early to tell whether decedent was under the influence of that drug or if it may have played any kind of a role in the crash.

Driver distraction is a serious issue in Florida and beyond. It’s an extremely risky behavior, and it places drivers, passengers, pedestrians and bicyclists in danger of injury and death. Drivers who are focused on the road are overall safer.

The Florida Department of Highway Safety and Motor Vehicles (FDHSMV) reports there are three basic kinds of driver distraction:

• Visual – taking your eyes off the road;
• Manual – taking your hands off the wheel;
• Cognitive – thinking about something other than the road.

Texting checks all three of those boxes, which is what makes it one of the most perilous kinds of driver distraction. What’s worse, because virtually everyone has a cell phone, the problem is extremely widespread. These drivers are not just a threat to themselves and their passengers, but as our Miami car accident lawyers know: They are a threat to everyone else with whom they share the road.

The FDHSMV reports that there were a total of 45,740 distracted driving crashes statewide in 2015. Of those, 25,560 crashes resulted in injury for a total of 40,000 injuries.

Just in Miami-Dade County, there were a total of 4,445 distracted driving crashes last year with 1,996 of those causing a total of 3,227 injuries. Sixteen of those cases were fatal. Authorities in the county issued 689 texting-and-driving citations last year, which per F.S. 316.305 is a secondary offense punishable by a minor monetary fine.

In Broward, there were 3,762 distracted driving crashes in 2015 resulting in 1,944 injury crashes that resulted in nearly 3,000 injuries. A total of 8 deaths were attributable to distracted driving. Officials in the county issued 402 distracted driving citations that year as well.

Most recently, the Pokemon Go game craze that has swept many communities in the U.S. has sparked concerns of yet another form of driver distraction.

State authorities and even the AAA have released statements urging drivers to avoid playing the game while driving.

Some signs indicated that “Pokemon Go is a No-Go When Driving.”

Statewide, there were approximately 3,500 texting-while-driving citations issued by law enforcement. A number of legislative proposals are on the table that would strengthen the state’s texting-and-driving law to a primary offense with a stiffer fine.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Early Morning Car Crash Caused by Texting in Miami Kills One on U.S. 1, July 14, 2016, Staff Report, NBC-6 Miami

More Blog Entries:

Allen v. Montalvan – Florida Car Accident Settlement Reversed, July 16, 2016, Miami Car Accident Lawyer Blog

Pokemon Go is an app game that was released a few days ago, and it’s already taking over the virtual worlds of kids and young adults.

But this morning, I was alerted by a reporter acquaintance that the new game is also quickly becoming a driving hazard.  A quick twitter search confirmed his fears.

I’m inserting a few of the concerning screen shots in the post.  Needless to say, don’t play PokemonGo or engage in other distracting conduct while driving.  Keep yourself focused while driving so your ultimate time for Pokemon isn’t cut short.

But a new legal trend is emerging, one that involves the responsibility of those communicating on the other end. In a number of instances in different states, third parties that knowingly engage in text communication with drivers – or encourage drivers to engage in distracting activities – are being named as defendants in personal injury lawsuits. Success on this front has been varied, but it’s something our Miami car accident attorneys believe is worth exploring when there is evidence the crash was caused by distraction.

A recent article on Vocativ explored this burgeoning legal realm.

Let’s look at the recent case of Gallatin v. Gargiulo, and the decision handed down by a Pennsylvania county common pleas court judge. According to court records, decedent/ motorcyclist was slowing down to make a right turn when at the same time, a woman was operating a vehicle owned by defendant. She was behind the decedent motorcyclist at the time. It is alleged that the female driver was text messaging on her cell phone at the time of the crash, in violation of state law, and that she as inattentive and distracted, causing her to strike the motorcycle ahead of her, resulting in decedent’s fatal injuries. The complaint alleges that the female driver was texting at the time with her boyfriend/ owner of the car. Plaintiff, administrator of decedent’s estate, then sued not only the driver, but also the vehicle owner – not for vicariously liability by way of his ownership of the car, but for direct negligence for knowingly texting with someone while they were driving.

The judge noted there was no precedent in Pennsylvania that specifically spells out the duties or liability of a sender of a text message to a person who is driving. However, it took note of a ruling by the Superior Court of New Jersey in Kubert v. Best. In that case, the New Jersey court held the sender of a text message could be potentially liable if a car accident is caused by texting, but only if the sender knew or had special reason to know the recipient would view the text while driving and therefore be distracted. In Gallatin, plaintiff alleged defendant knew or should have known his girlfriend with whom he was texting was driving her vehicle and was therefore distracted. The assertion was that the actions of defendant aided or encouraged the driver to be distracted and thus provided a basis for establishing liability.

The court noted that while all plaintiff’s assertions had not yet been proven, if they were true, they could serve as the basis for establishing liability, based on the ruling in Kubert.

More recently, a Georgia man filed a lawsuit against Snapchat for “encouraging” motorists to drive distracted with creation of an app that captures one’s speed and superimposes the that recording on an image.

If you have been a victim of distracted driving, we can help.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Texting a Person While They’re Driving Could Land You in Jail, May 3, 2016, By Jennings Brown, Vocativ

More Blog Entries:

Car Accident Lawsuit Names Snapchat as Defendant, May 3, 2016, Miami Car Accident Lawyer Blog

This was the conclusion gleaned from the largest, federally-funded study in the U.S., the results of which were recently published in the journal Proceedings of the National Academy of Sciences. Researchers with the Virginia Tech Transportation Institute (VTTI) reported that in the early 2000s, drivers in the U.S. had a per-mile fatality rate that was better than the vast majority of developed countries.

Today? We are ranked No. 17 out of 29. In terms of roadway fatalities, our per-mile death rate, as compared to other countries is:

• 11.4  in the U.S.
• 3.7 in the United Kingdom
• 6.8 in Canada
• 9.1 in the Philippines
• 6.8 in Brunei

The researchers opine that perhaps the biggest problem is the fact that U.S. drivers are consumed with their cell phones. They cannot get enough of them.

Study authors tracked the driving habits of 3,500 drivers over the course of three years. With permission from the participants, of course, researchers affixed cameras, sensors and radar inside the vehicles. They tracked the drivers’ behavior with every mile they drive. Participants were fully aware they were being watched, though the results were anonymous. In all, researchers were able to analyze data from some 35 million miles traveled.

What they discovered: Drivers in the U.S. are using their phone in some way for 50 percent of the drive.

Now, we all know the public warnings about how unsafe texting and driving is and most states have even passed laws in this regard. Still, the cell phones appear to be a central part of travel for most U.S. drivers.

Texting itself wasn’t actually all that common. Researchers saw drivers texting about 1.91 percent of the time. However, the drivers who did text increased their odds of a crash by 6-fold, as compared to those drivers who were 100 percent sober, alert and attentive.

Dialing a number was less common – observed just 0.14 percent of the time. And yet, researchers found that it was correlated with a 12-fold increase in car accidents.

Talking on the phone was more common, with researchers observing this behavior 3.24 percent of the time. However, just this act alone doubled the odds a driver would be in a crash.

Reaching for a phone – this seemingly innocuous act – increased the risk of a wreck by five times.

But phones weren’t the only culprit, and there were a few findings that surprised researchers.

For one, it’s been believed that while teen drivers were greatly distracted by teen passengers, adult passengers (for all drivers) were actually beneficial. The thinking was that adult drivers are paying attention to the road and may be like an extra set of eyes for the driver – even if the two were engaged in a conversation. However, researchers found that conversations with an adult passenger were associated with a 1.4-fold increase in car accidents.

Eating, drinking and applying makeup didn’t seem to make much difference in driver performance. However, driving while emotionally distraught had a huge impact. Although it was only observed to occur about 0.2 percent of the time, someone who was extremely emotional or agitated resulted in a 1,000-fold increased risk of a crash.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

U.S. Drivers are Distracted More Than Half the Time They’re Behind the Wheel, March 8, 2016, By Aarian Marshall, CityLab

More Blog Entries:

NHTSA: More Americans Wearing Seat Belts, March 2, 2016, Miami Car Accident Attorney Blog

Some say law enforcement needs to crack down on e-mobile device usage. The difficulty is that it is hard to enforce something that cannot be seen, like drunk driving. If a driver is weaving all over the place on the road, chances are they are under the influence of something. They get pulled over and are charged. Detecting a texting driver is not always as clear-cut.

Currently, local and state police in Texas and other jurisdictions are holding out optimism that cell phone bans will become second nature to drivers, just like buckling up the seatbelts. While an interesting point of view, it’s difficult to equate doing up your seatbelt with not texting while you drive. It’s a known fact that smart phone usage is addictive, and may drivers consider having one and using it while driving to be a necessity.

Will cell phone bans accomplish what they are intended to do: reduce the number of preventable accidents and deaths? While this may be the case, at some point in the future, it is hard to see how that may work when cell phone users consider using such a device while driving isn’t any more dangerous than opening and closing a bottle of water.

It may be a long, uphill battle to get people to stop texting while driving, despite the deadly consequences.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

The main argument against passing any legislation that restricts a driver’s right to use cell phones while they are driving involves the freedom to communicate and government interference in the lives of private citizens. While a valid argument, the stronger one is that restricting or banning distracted driving saves lives, and the right to live and be safe is paramount to many.

The other issue facing hot debate is whether drivers should still be allowed to use hands-free devices. According to numerous studies released within the last few years since cell phones became so prevalent, hands-free and handheld are both equally distracting and the safest way to drive is without any e-devices in the vehicle.

Civil rights are a good thing to have, but if they come at the expense of another’s life, something needs to be done to remedy that situation. The right to life far outweighs the right to use a cell phone in a moving vehicle while talking about something that can wait. We never used to have mobile devices in vehicles and there were not so many accidents. With the advent of more e-devices, the death rates have soared.

If you travel with a cell phone, do not use it while driving. Any conversation you need to have with someone can wait until another time. Your life and the lives of others around you depend on it.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

How that equates to safer driving is baffling, as numerous studies have clearly indicated that texting, surfing, webbing, going on Facebook, Twitter or Pinterest are all driver distractions that may cause a collision.

The ordnance allows drivers to use other hands-free devices, Bluetooth, earphones and even the GPS system while standing still, while banning any use or holding of the phone while the vehicle is in motion. Law enforcement feels this law may be easier to enforce. The question is likely to become what does a driver do when they need to move forward at a red light or move on after stopping at a stop sign.

Although the stated goal of the new ordnance is to prevent crashes, one wonders how that is possible given all the research to the effect that handheld or hands-free technology is still cited as being responsible for a high number of deaths. Using handheld or hands-free technology is still driving while distracted.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

The thrust of this campaign is to encourage people to wait until they have reached their destination before using their smartphones to communicate with friends, family or the office. Texting or talking while driving is a distraction, and distracted driving kills.

According to the TxDot, one in five collisions result from texting, talking and other distractions. Driving is not something people can do with just one eye on the road and without keeping both hands on the wheel. It is an activity that demands a driver’s full attention. Anything else may end up being fatal.

While many do not see that driving while distracted is an issue, statistics tell a completely different story. Figures for Texas show there were over 100,000 distracted driving collisions in 2014 as a result of activities such as: watching videos on a mobile device, talking on a cell phone, programming a navigation system, texting, checking Twitter, posting a selfie and updating a Facebook status.

As for the entire nation, a study done by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) indicates that at least nine percent of all fatal collisions and 18 percent of all injury accidents in 2010 were a result of distracted driving.

Victims of a distracted driver have the option to connect with an experienced personal injury lawyer to represent them in obtaining compensation for any injuries sustained in an accident.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

The thrust of this campaign is to encourage people to wait until they have reached their destination before using their smartphones to communicate with friends, family or the office. Texting or talking while driving is a distraction, and distracted driving kills.

According to the TxDot, one in five collisions result from texting, talking and other distractions. Driving is not something people can do with just one eye on the road and without keeping both hands on the wheel. It is an activity that demands a driver’s full attention. Anything else may end up being fatal.

While many do not see that driving while distracted is an issue, statistics tell a completely different story. Figures for Texas show there were over 100,000 distracted driving collisions in 2014 as a result of activities such as: watching videos on a mobile device, talking on a cell phone, programming a navigation system, texting, checking Twitter, posting a selfie and updating a Facebook status.

As for the entire nation, a study done by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) indicates that at least nine percent of all fatal collisions and 18 percent of all injury accidents in 2010 were a result of distracted driving.

Victims of a distracted driver have the option to connect with an experienced personal injury lawyer to represent them in obtaining compensation for any injuries sustained in an accident.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Toronto City Police have come up with a campaign that grabs attention. It involves a hearse, and so far, it has started a buzz on social media that has put the topic of distracted driving front and center.

The campaign is dubbed “That Text or Call That Could End it All,” and distracted drivers can expect to be ticketed by police riding in a hearse. It is certainly an unusual way to capture people’s attention and bring home the seriousness of texting while driving. No one wants to think about getting a ride in a hearse, and if that motivates people to not text while driving, the campaign will have done its job.

Toronto drivers caught talking on their mobile device without a hands-free Bluetooth or those using a cell phone while driving were handed heavy fines ranging from $1,000 to $2,000 and faced being assigned between three to six demerit points.

Serious issues usually call for serious responses. The person who texts while driving is responsible for not only his or her life, but the lives of the other vehicles that may be involved in an avoidable collision.

It should be pointed out that distracted driving does not just involve texting, talking or using e-devices while driving. It also includes grooming, eating, talking to passengers, reaching into the back seat to tend to children, shaving, putting on makeup, smoking and drinking liquids. Whatever it takes to educate drivers about the risks of distracted driving (much like drinking and driving campaigns), it needs to be done. Using a hearse is a graphic way to show people where they may end up if they text and drive.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

In response to the rising number of deaths due to distracted driving every year, app developers have been working to devise a way to stop drivers from texting while driving.

It is addictive to chat with friends, family, lovers, roommates and relatives on the go, but it is not worth it to respond or send messages that can wait until later when the risk of death or injury is high. Texting while driving, even if it only takes five seconds to type “OK,” has the potential to kill the distracted driver and others. Virginia Tech Institute’s research shows that in five seconds a vehicle can cover the length of a football field, 120 yards (110 m), while not paying attention to the road.

What is the latest app to stop people from driving while distracted? It is called Canary, and it tracks every time a cell phone is unlocked, the speed the vehicle is traveling and its location. Reports on the use of the phone are sent to parents or whoever is concerned when the phone is used. During field tests involving teens and their parents, Canary proved to be an eye-opening app for several reasons. It shocked parents to see how often their children were using a cell phone while driving, and it made teens aware that they used it far more than they thought.

The next step after awareness of the habit is to do something about it, which is the most difficult part of the equation. Cell phones are addictive and people do not want to give them up despite the fact that they may cause death or serious injury to themselves or others.

After the field trials, some teens who participated said they were planning to drastically reduce or stop using their phones while driving. However, there are still many hurdles to cross before people stop texting and driving. The app alone does not solve the problem, but it is a place to start.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Texting while driving is an epidemic.

What is not so much of a surprise is the fact that a recent study by the University of Texas Health Science Center at Houston School of Public Health revealed that drivers under the age of 25 were more than four times likely to use their iPhones or other e-devices while driving. According to the study, published in Science

Direct, women were 1.63 times more likely to use a cellphone than their male counterparts.

The information gleaned from this data would be helpful in targeting the two groups — younger drivers and younger female drivers — to educate them about the dangers of texting while driving. More than nine people die every day and more than 1,153 are injured as a result of being in an accident involving a distracted driver. The Federal Communications Commission (FCC) says a driver is 23 times more likely to crash driving while distracted.

Despite what the University of Texas Health Science Center at Houston School of Public Health study demonstrated, AT&T statistics contend that adults are actually the bigger culprits than teens when it comes to texting and driving and reading a text while driving. 98 percent of those in the study said they did text and drive despite knowing the behavior is dangerous, two-thirds said they read texts while driving and 25 percent said they sent texts while driving.

No matter what the numbers say, texting while driving is deadly. Those who have been involved in an accident where another driver was texting would be best served by consulting with an experienced personal injury attorney to find out what their legal rights may be and how to file a lawsuit to obtain compensation for their injuries.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

It is a conundrum. States without texting while driving laws say their accident rate is holding steady, while states with such laws say their accident rate is increasing. What is the answer to getting drivers to stop using mobile devices while behind the wheel?

There are a number of new applications on the market that allow parents to monitor their teens while they are driving. While it may be a good idea, it does not stop teens from continuing to use their mobile devices on the road. There are also a number of apps that shut down a phone when an incoming call arrives and sends out a message that the driver is not available. There are also campaigns that clearly show the fatal outcomes of distracted driving, and it is not a pretty sight. But yet, nothing seems to work.

The root cause of the problem is a human one. Most drivers feel they can do multitask and their driving will not suffer. They do not think that anything will happen to them. They have done it for years. They can send an email or reply to chats in mere seconds. But mere seconds is all it takes to get involved in an accident that may kill them.

Educating drivers about the dangers of texting while driving is like educating drivers about drinking and driving. It may take years. It may take many deaths. It may hit home for some and not for others. Ultimately, law enforcement and law makers are left to deal with it as best as they can.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

The families of two students and a teacher’s aide killed in a December 2014 bus accident have filed wrongful death lawsuits against Knox County Schools, the drivers of both buses involved and the bus contractors. According to the investigation, the driver of Bus 44 made a sharp turn, crossed a concrete median and slammed into Bus 57, causing that bus to flip over. The deceased were all aboard Bus 57. It was later revealed that the driver of Bus 57 was texting at the time of the crash. Investigators also discovered that the driver had a fanny pack on the bus containing three prescription medications, including the painkillers morphine and oxycodone although drug test results showed he had no drugs in his system. He died June 1 of apparent “natural” causes. The lawsuits claim:

•The driver of Bus 44 was to blame in the crash because he was texting while operating the bus, was speeding and “failed to exercise due care in the operation of a motor vehicle.”
•The school system “knowingly and intentionally allowed the driver of Bus 44 to continue to transport students despite prior complaints of misconduct and distracted driving.
•The driver of Bus 57 was negligent because he was speeding and was not licensed by the state Department of Transportation to transport students on school buses.

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According to eyewitness reports and what the police were able to piece together, a pickup truck, heading east on I-20, veered out of the east travel lane, crossed the center median and ran straight into a big rig heading west. The head-on impact instantly killed 32-year-old James Alexander of Abilene and injured the trucker, Alfredo Varela.

It was not clear whether Alexander had been driving while distracted, under the influence or had mechanical issues with his vehicle. These unanswered questions will take time to be sorted out as the police progress with their investigation of the accident.

Any accident involving a big rig usually takes a long time to sort out due to jurisdictional issues and other matters, such as finding out what the truck was doing at the time of the impact. Even though it appears that Alexander caused the accident, there are questions about how fast the trucker was going, whether or not he could have avoided the accident, or if he was nodding off behind the wheel or texting.

Even though on the surface of things it looks like an open and shut case of Alexander crossing into the semi’s lane and hitting it head-on, accident scenes are rarely what they appear to be. This is one of the major reasons accident reconstruction is vital to building any case that may go to court. The reconstruction tells the police and attorneys just exactly what did happen. It also assists with assigning fault.

If you have been in an accident with a semi, seek legal counsel as soon as possible. All evidence at the scene needs to be preserved quickly before it vanishes or is altered.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

According to the National Safety Council (NSC), who conducted more than 30 studies on this issue, hands-free phones do not provide any safety benefit while driving.

The rationale behind the all-inclusive ban is that all mobile devices are a distraction, as use of any such device causes a cognitive disconnect (inattention) when driving. This disconnect is not just discernable when texting, but also when talking on the phone while driving. A driver’s mind goes to the conversation rather than focusing on the road. This is why hands-free phones are still a distraction, albeit a mental one.

Tulsa says city workers will be fired for violating the ban. City employees may not respond to work calls, emails or texts while in a city vehicle or in their own personal vehicle. This is the first all-inclusive ban in the U.S.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

The Facebook message was posted at 8:33 a.m., and one minute later the police received a call about a serious wreck. The collision sent both vehicles off the road. The trucker was not injured. Sanford’s car burst into flames. Even though she was wearing a seatbelt, it was not fastened properly, said police.

This is a graphic, distressing and timely reminder that texting while driving can and does kill. Death can happen in an instant. Never text while driving. Be responsible. Turn the phone off. Disable incoming messages. Do whatever you need to do to stay alive and make sure others are not killed because you took your eyes off the road to text something that could have waited until later.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

In a multi-year study by the chief of developmental and behavioral pediatrics at Cohen Children’s Medical Center in New Hyde Park, N.Y., Dr. Andrew Adesman, shows that smartphones “allow teens to do stupid things while driving a car.” Even though many states have attempted to curtail texting and driving, the practice continues to take the lives of texters and innocent victims alike.

Researches surveyed thousands of teens nationwide and discovered that texting-and-driving rates dropped from 43 percent in 2011 to just over 30 percent in 2013 when some states made it illegal to text and drive.

Despite the well-known fact that texting while driving kills, it is four times more common among high school students compared to DWI — a shocking differential. Even though figures appear to have dropped over time, there is still much to be done to reduce these statistics. Because this issue is largely a human behavior problem, it may take a long time before everyone gets the message.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

The study, conducted by the University of Iowa and funded by the AAA Foundation for Traffic Safety, found that distractions such as texting, talking with passengers and grooming played a role in almost 60 percent of moderate-to-severe teen car crashes. Previously, the National Highway Traffic Safety Administration had estimated that 14 percent of teen crashes involved distraction.

The foundation analyzed in-car videos from the six seconds prior to 1,691 crashes where a teenage driver was behind the wheel. The crashes happened between August 2007 and July 2013 and took place mostly in the Midwest, the researchers said.

Researchers said the in-car videos provided data that was previously unavailable.

It is possible that distracted driving among teens is even more prevalent than indicated by the study, because all of the teens knew they were being filmed. Some may have limited their distracting activities because of that fact. Researchers said that the study provides indisputable evidence that distraction is a major factor in teen crashes. However, they did caution that the study represents only one set of data, and that more research is needed.

According to Illinois Secretary of State Jesse White, Illinois’ graduated licensing laws for teens are among the strongest in the nation, and they are already more restrictive than what is recommended by AAA.

Paul Greenberg is a Chicago car accident lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

There is no dispute that texting while driving is dangerous.  Studies have even shown that it’s more dangerous than drinking while driving.  You would think that a state-wide ban would be a no-brainer.

But apparently it’s not.  Some legislators argue that a ban would be an unnecessary invasion into people’s rights.  Are you kidding me?  Is the speed limit an unnecessary invasion?  Are laws against DWI an unnecessary invasion?  Texting while driving is just as dangerous, if not more dangerous, and we need to be doing what we can to protect our kids and families.  Will a ban stop texting while driving?  No.  But it will help, and that’s better than nothing.

You should watch the stories of these families below.

According to a report by the National Highway Traffic Safety Administration, 3,331 people were killed in automobile crashes involving distracted driving in 2011. An additional 387,000 were injured. Other researchers say the actual number is likely much higher, as many crashes are caused by distractions that the driver does not admit to.

Cell phones are a big part of the problem, to be sure. A researcher at the University of Utah found that a cell phone conversation can make a driver four times more likely to crash — about the same risk as drunk driving. Texting is even more dangerous. A 2009 study by the Federal Motor Carrier Safety Administration of commercial vehicle accidents found that text messaging made a crash 23 times more likely.

A great deal of attention is paid to the danger of cell phone use while driving, and rightly so. But there are other types of distraction that you may not have considered. These include eating food or drinking beverages in the car, grooming, talking with vehicle passengers, attending to pets or children in the car, and simple inattention.

Experts say that there are three main categories of distraction: manual, visual and cognitive. Manual distractions include anything drivers do with their hands other than driving, like reaching for a soda or changing the radio station. Visual distractions are anything that can cause the driver to look away from the road, such as looking at a map or reading a text message. Cognitive distractions include anything that takes one’s mind off the task of driving, such as a conversation with another occupant of the vehicle or with someone on the phone. An often-overlooked cognitive distraction is simple inattention, or daydreaming.

One reason texting while driving is so dangerous is that it distracts the driver in all three categories. When people send a text, they are usually manipulating the phone with their hands, looking at the phone and thinking about the message. It’s a deadly combination, and campaigns to put a stop to texting while driving are well worth the effort. But drivers also need to remember that anything that takes their mind, eyes or hands off the task of driving can be a deadly distraction.

If you were injured in an automobile accident, contact Briskman Briskman & Greenberg for a free consultation. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The first reports on a study that finds that 60% of teen driver wrecks result from distractions.  This is probably not a surprise to any of us.  But the study was noteworthy for me because of the way it was conducted — the AAA Foundation watched nearly 1,700 in-car videos of teen drivers who were involved in wrecks to diagnose what the teens were doing immediately prior to the wreck.  The two biggest factors were talking to others in the car and using a cell phone, either for talking or for texting.  If you click the link, there is a video story that shows some of the video excerpts from the wrecks.  This is certainly something I’m going to make my teen driver watch.  Passing on this type of information should be of what we teach our kids.

The second article is a Wall Street Journal article entitled Better Ways To Teach Teen Drivers.  The story is based on a 2014 study that placed video cameras in parents’ cars to review what they were teaching their kids.  The analysis found that, by and large, teens are being properly taught the mechanics of driving — how to turn, how to control speed, etc.   Unfortunately, the study found that parents did not do a good job of teaching teens accident avoidance — how to recognize hazards, how to avoid those hazards, etc.

The best line in the article was discussing the fact that parents spend a lot of time on things they had trouble with, such as parallel parking.  But as the story noted, “Most people don’t get killed parallel parking.”  Instead, the article encourages parents to spend more time working on hazard recognition and judgment — making left turns into oncoming traffic, how to merge on and off highways at high speed, etc.  The article also encourages you to work with your kid in bad weather conditions, in crowded roads, and the like so that the teens’ first time experiencing these things are not while they are alone.

It pains me to give credit to an insurance company, but State Farm has a teen driving program called Road Trips on its teen driving website, http://teendriving.statefarm.com, that can help you with the process.  The website also has a 3-d video tool that helps kids learn to scan for hazards as they’re driving.

We’re all familiar with the woman who went viral in a video after she walked and fell into a fountain in the middle of a mall while texting. Such stories are in the media everyday: people walking into moving traffic, fountains, walls, creeks, lakes, bridges, curbs and other immovable objects. In many instances the injury may be only to one’s dignity. In other cases, it may be a broken leg or arm, serious cuts, bruises, scrapes and puncture wounds, not to mention concussions. Other distracted traffic walkers have not been lucky enough to survive to tell their stories.

According to emergency room data reviewed by “Stateline,” distracted walkers who have been injured due to using their cellphones and not watching where they were going have increased by 35 percent since 2010. The data comes from Pew Charitable Trusts. In fact, some of the most recent research suggests that at least 10 percent of the 78,000 pedestrian injuries in the United States in 2012 were the result of distracted walking. But it’s not just texting and walking that is deadly. Wearing headphones and listening to music can also lead to fatal situations. According to the federal Fatality Analysis Reporting System (FARS), the use of portable e-devices, including music players, causes just about six deaths a year.

In response to an increasing mobile hazard – the tidal wave of distracted walkers – many American cities are starting to implement fines, and even lower speed limits for those who aren’t watching where they are going. It seems moderately absurd to think a city would lower their speed limit to keep pedestrians safe, when pedestrians don’t exactly appear to be looking out for their own safety. Ultimately, the classic “don’t drink and drive” tagline is going to have to evolve to include “don’t text and drive,” “don’t text and walk” and who knows what else.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

The 55-year-old van driver wasn’t paying attention to where he was going because he was using his cellphone. The 41-year-old trooper was taken to the nearest medical center for treatment and listed in stable condition. This is the ultimate graphic example of the dangers of distracted driving, and highlights the difficulties of enforcing such a law at the grassroots law enforcement level.

It’s a well known fact that distracted driving kills. Statistics demonstrate that no one is immune from the possibility of being involved in a deadly accident if they choose to text and drive, despite what they may think. Distracted driving choice exhibiting negligence, and that negligence is a main factor in apportioning accident liability.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

A state senator and two state representatives have filed bills that would make texting while driving a primary offense, add penalties when a fatal crash occurs because of a driver using a cell phone, and ban cell phone use in school zones.

The “Ban on Texting While Driving” law was passed by the state legislature in 2012. Florida was the 41st state to pass such legislation. 

However, in Florida, texting while behind the wheel has been established as a secondary offense — meaning that police officers must have a separate reason to pull a driver over. They can only issue a ticket for texting while driving in addition to the citation for the other offense.

The current law also allows for several exceptions, such as using a cellphone for GPS navigation or to listen to music. Officers must be able to testify that the driver was not using the phone for one of these exceptions, which is difficult to do, since cell phone data is not available unless a serious accident occurs.

Officials said texting while driving, and other forms of distracted driving, are a major cause of car accidents, and they can be just as dangerous as driving drunk.

If you need to speak with a auto accident lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Figures released by the TxDOT indicate that driver distraction causes about one in five accidents in The Lone Star State. In 2013 alone, there were 95,267 accidents with 507 deaths reported and 19,994 serious injuries recorded.

According to insurance statistics, texting while driving accidents cost Texas taxpayers approximately $1.3 billion in lost wages, insurance premiums, emergency services, lost productivity, vehicle repairs and medical care.

Is introducing a statewide ban on texting while driving a good idea? Many would agree it is. Many individuals who text while driving think nothing could happen to them because they believe themselves to be good drivers, and that they are only taking their eyes off the road for a mere second while they text or read a message. However, it only takes that minute for someone to die. Don’t text and drive.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

According to the Virgina Tech Transportation Institute, texting drivers are 23 times more likely to be involved in an accident. Texting is a deadly distraction that kills, yet it is not often regarded as a severe crime. Supposedly, it does not impair a driver’s judgment, it just distracts the driver. This is rather backward reasoning, as distracted driving automatically impairs the driver’s judgment due to lack of attention.

According to the DoT, Pennsylvania had the fourth-highest fatality accident rate, with 177 deaths in 2012 involving buses and large trucks. Texas had 589 deaths, with California and Florida following closely behind in position two and three.

Texting truckers have caught the attention of lawmakers who want to restrict texting while driving. It is an admirable goal, but if truckers observe the law inconsistently, it cannot effectively reduce fatal accidents. Nonetheless, federal lawmakers want to force all states to adopt laws that ban texting while driving.

The trucking industry is not happy with that idea, because the proposed ban would prohibit all e-devices in cabs, including the computer systems that help them navigate.

It takes at least four seconds for a trucker to read a message sent while he or she is behind the wheel. It takes less than one second to get into an accident.

Underlying the trucking industry’s lack of enthusiasm for changes in laws is a need to operate in a profitable manner. Opposite their desire to make money is the government, wanting to make the roads safer for other drivers. The theory behind stricter legislation with heavy-duty fines is that if a trucking company has to pay out enough in fines, it will police itself to bring costs down.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Federal statistics indicate that 3,328 people died and 421,000 sustained serious injuries in 2012 as a result of involvement in an accident where one or both drivers were driving distracted. The most common distractions were noted to be talking on a cellphone, surfing the internet, texting and eating.

These figures prompt lawmakers to put legislation in place to fine those guilty of driving distracted. But people do not think anything can happen to them personally — until it happens. They feel entitled to their freedom of choice, which includes using electronics while driving –- the same electronics that could kill them in just one moment of inattention.

When is society going to realize that the distracting e-devices in our vehicles are dangerous? Because of these gadgets, drivers pass through stop signs, wander into other lanes, abruptly attempt to correct a wobbly trajectory, lose control of their vehicles or fail to see a line of stopped cars waiting at a construction site.

Hands-free devices are little better than handheld ones. The level of cognitive distraction is the same. The possible end results are the same. Distracted drivers do not pay attention to the road because they are too busy paying attention to their gadgets. They miss threats, and a missed threat can mean serious injury or death.

Legislation will not stop drivers using cellphones and other e-devices in their vehicles. Only responsible drivers can.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

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The accident happened at about 10:30 a.m. on the outbound Eastex Freeway, near the overpass at the North Loop. As the trucker was entering the ramp to connect with the westbound North Loop, his truck swerved out of the lane and scraped along the guardrail for 250 feet before flying over the side. Momentarily, the big rig dangled precariously from the ramp before plummeting to the freeway. First responders called it a miracle that no other vehicles were hit.

Because of their size, big rigs cause particularly destructive accidents. One moment of inattention due to texting while driving, adjusting a GPS, talking on a cellphone, eating, grooming, or driving under the influence of drugs or alcohol can change or end lives in an instant.

If you have been involved in an accident with an 18-wheeler, seek legal counsel as soon as possible. Filing a truck accident lawsuit can be extremely upsetting and stressful due to jurisdictional issues involving who owns the rig, where they are headquartered and whether or not the trucker is an employee or an independent contractor. You have rights. Find out what they are and how they may be protected as you seek compensation for your injuries.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

That’s not surprising, in our practice, we regularly see people who are seriously injured because of people texting while driving.

The good news is that we’re finally seeing some things done about it.  The study results were released as part of an effort by AT&T to publicize a new phone app for AT&T customers that silences text message alerts and activates automatically when a person is moving 15 miles per hour or faster.    The DriveMode app will be coming to iPhones shortly and will soon be available to other carriers.

TxDOT has launched an information campaign to help drivers stop driving while doing anything else but paying attention to the road. The campaign is marked by the slogan, “Talk. Text. Crash.” It is meant to remind drivers of the very real dangers of talking or texting on the phone while driving. 

Tapping a screen keeps a driver from paying attention to anything else, including the traffic around the car, often traveling at highway speeds. One moment of inattention could lead to a collision.

Alone, clever advertising campaigns cannot convince stubborn drivers who believe they need to or can text and drive with impunity, but they can raise awareness significantly. Death is final. A text or phone call can wait.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

According to police, his blood alcohol content (BAC) was twice the legal limit.

But for a local crackdown on texting while driving, the man may have escaped apprehension. Officers were out on patrol in a designated area along the interstate when one policeman noticed a driver texting while driving unsafely at highway speeds. 

Police discovered the young man was holding his cell phone with it on speaker. He insisted that this action counted hands-free phone use. This false belief, held by many motorists, is dangerous. The actual law states that it is illegal to hold a cellphone in your hand while driving for any reason.

His breath sample confirmed suspicions of his alcohol use after he had been taken back to the police station.

The 23-year-old was charged with driving while under the influence and with driving while having a blood alcohol content of over 80 mg. His license was suspended for 90 days, and his vehicle has been impounded.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

In 2012, the rate of pedestrian fatalities in Texas was 1.83 per 100,000 population — meaning that nearly two out of every 100,000 Texans were struck and killed by a motor vehicle in 2012.

This figure makes Texas the 10th most dangerous state for pedestrians. 

Experts agree that infrastructure is a key element in pedestrian safety, and the American Society of Civil Engineers claims that in 2012, nearly 40 percent of Texas roadways were in poor or mediocre condition.

When asked about the recent data from the NHTSA, officials from the Texas Department of Transportation pointed to unsafe and distracted driving as the key issue. Robert Archuleta, a transportation official with the New Mexico Department of Transportation, also told reporters he believed cell phone use while driving — particularly texting — was a significant factor.

The NHTSA noted that the number of pedestrians killed nationwide has been rising steadily since 2009, even while the number of overall traffic fatalities has generally decreased.

According to the NHTSA data, pedestrians are most likely to be killed or injured by motor vehicles between 3:00 p.m. and 9:00 p.m. — when children are coming home from school and adults are coming home from work. However, there is also a spike in pedestrian fatalities between midnight and 3:00 a.m. on weekends. Data suggests that this spike could be due to an increase in nightlife coupled with low visibility.

The other states rounding out the top ten most dangerous states are Arizona, Hawaii, Nevada, North Carolina, Florida, Louisiana, South Carolina, New Mexico and Delaware.

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We hear about serious texting and driving accident all the time, often at high rates of speeds. This woman was only in the school parking lot and travelling 20mph at the time of the accident, yet she required extensive surgery and over 40 stitches. Doctors said she is lucky to be alive; had the pole gone a little bit the other way, she would have bled out.

This shows how dangerous texting and driving can be anywhere, at any speed. Let it be a warning to you; don’t text and drive!

Litigation Funding Corp. is a pro-justice lawsuit funding company that strongly supports a national ban on texting while driving. If you are driving to meet someone; if you are late and considering calling him or texting him while driving, consider this question: Would you rather meet this person late, or suffer serious or fatal injuries? Think about that the next time you get into your car and sit behind the wheel, mobile device in hand.

I have some mixed feelings about this.  On the one hand, I see these problems daily, and I preach about the dangers of distracted driving, including the curse of texting while driving, and, overall, I’m in favor of the ban.  On the other hand, I’m a bit concerned that this might be overreaching.  Talking on cell phones has become accepted, and it’s hard to legislate away such accepted conduct.

I hope the biggest effect of the ban is that we don’t have to see so many people texting while driving.  Police officers think the overall ban will make it easier to enforce existing texting while driving bans, and I certainly think that’s a good idea.

Know the facts:

• Drivers are twice as likely to be involved in an accident while texting.
• Eleven percent of all drivers under 20 years of age who are involved in a fatal accident were driving distracted.
• Sixty percent of drivers use mobile devices while driving.
• Seventy-eight percent of young adults and teens say they read messages while behind the wheel.
• Seventy-one percent say they have written an email or sent a text message while driving.
• If a car is traveling at 55 mph, the five seconds the driver’s eyes are off the road is enough time to travel the length of football field.
• Adding an additional activity in a vehicle, like texting and dialing while driving, increases the risk of an accident by three times.
• By December 2013, 171.3 billion texts had resulted in accidents in the United States.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

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A police investigation was launched to determine the exact cause of the accident and to find out whether or not the truck had a mechanical defect that caused it to stall. The driver may have been texting while driving and not paying attention to the road or how he was driving.

Whenever a passenger vehicle is involved in an accident with an 18-wheeler, the results are catastrophic in varying degrees, depending on the point of impact. In many cases, vehicle passengers die. Those who do live may have life-altering injuries. In all cases involving a collision with a semi, legal assistance is required, as big rig accidents typically involve numerous insurance company, legal and jurisdictional issues.

It is important to contact an experienced trucking accident lawyer immediately in order to ensure evidence at the crash scene is preserved. Never speak to trucking company personnel or insurance adjusters. Always discuss any contact by the defendant with your attorney of record. 

Insurance companies are not your friends. Be aware of your legal rights.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

I’ll keep you posted on the story as details emerge.  In the meantime, KXAN has done a nice story on the issue.  You can watch it below.

• Cell phones were involved in 23% of auto accidents in 2011 – that’s 1.3 million crashes;
• Texting takes your attention from the road for a minimum of 5 seconds – at 55 mph that equals driving the length of a football field without looking at the road;
• Texting a message makes the likelihood of a car wreck 23 times greater;
• Dialing a cell phone makes the likelihood of a car wreck 2.8 times greater;
• Talking or listening on a cell phone makes the likelihood of a car wreck 1.3 times greater;
• Reaching for your cell phone makes the likelihood of a car wreck 1.4 times greater;
• 13% of drivers between the ages of 18 and 20 who were involved in car crashes admit they were texting or talking on their cell phones at the time of their wreck;
• 82% of Americans between the ages of 16 and 17 own cell phones – 52% admit they have talked on their cell phone while driving, while 34% admit to texting while driving;
• 77% of young adults believe they can safely text while driving;
• 55% of young adults believe it’s easy to text while they drive; and,
• Teens who text while driving spend approximately 10% of their driving time outside of their lane.

Source: http://www.textinganddrivingsafety.com/texting-and-driving-stats/

Here’s a Volkswagen cinema stunt that drives home the point:

http://www.youtube.com/watch?v=Tlxjng8h3Tc

By Richard LaGarde

According to the Centers for Disease Control, distracted driving causes nine deaths each day in the United States.

The woman’s northbound Ford Fusion was struck when a 22-year-old driver lost control of her Honda Civic while texting. Her vehicle sideswiped the family’s car, and both automobiles veered over the median into the northbound lane. As a result, the victims’ car was struck head-on and in the rear. The mother sustained rib and right ankle fractures. Her 24-year-old son suffered finger fractures and injuries to both his chest and arms. Her 22-year-old son sustained a wrist fracture and other injuries, and the 19-year-old boy was struck in the neck and back and required 80 stitches to close a wound on his brow.

The subsequent legal case settled out of court for $600,000. If the defendant feels his or her case is not very strong, he or she is likely to agree to an out-of-court settlement. In this case, texting clearly contributed to a serious accident for which the driver was plainly at fault. If the case had gone to court, the jury award may have been higher.

If you have been in a situation like this, you need to know your legal rights and how to pursue a settlement or court award. Reach out to an experienced injury lawyer to give a voice to your claim and ensure you receive justice.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

The 29-year-old victim somehow jumped a nearby bridge barrier and clipped the light pole. According to family members notified of his death, the motorcyclist was highly experienced and considered to be a good driver. Police at the scene struggled to determine the cause of the accident. It is possible, though currently unproven, that the man was involved in an immediately preceding accident in which another vehicle crowded him off the road or sideswiped him. Police have scoured the accident scene for evidence of the presence of another vehicle, and they have called for any eyewitnesses in the area earlier the day the man died.

If another vehicle was indeed involved, its driver fled the scene. He or she may be charged with leaving the scene of an accident and vehicular manslaughter; related charges may extend to driving while under the influence or texting while driving. If another vehicle was present and caused the biker to leap the bridge barrier, the driver could be held financially and legally liable for the man’s wrongful death. Surviving members of the man’s family may also file a wrongful death lawsuit if negligence played a part in his death.

If the accident was due to a design fault involving the bridge, or if there was something wrong with the roadway at that location, the city may play a part in a lawsuit. According to pedestrians and residents in the area of the bridge, this was not the location’s first accident.

Wrongful death lawsuits are filed under the auspices of a state statue, and filing deadlines vary. In the aftermath of such a situation, consult a competent injury lawyer for advice. If you miss the deadline according to the Statute of Limitations in your state, no further action is possible.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Additionally, it is not always clear at the scene of an accident what precipitated the crash, unless the offender is caught holding a cell phone. Even if there is a cell phone present in the accident debris, it is not always clear if it was being used at the time of the accident, or even if the phone found at the scene belongs to the driver or a passenger.

Currently distracted driving charges and convictions are hidden in the careless driving category, and as such, provide a misleading picture of the scope of the problem. Although it is easy to determine an impaired driving conviction, the convictions that are referred to as “prohibited use of a handheld device” are not quite as clear and thus may be filed under other categories, even if an accident is generally thought to have been caused by a texting/cell phone violation.

When insurance companies dig deeper in order to assess which category the offense should be under, they find more and more drivers with texting/cell phone violations placed under the careless driving banner. Even police and government motor vehicle records show convictions for careless driving rather than distracted driving.

No matter what it is called, driving while texting, or talking while driving, kills. End of story. Do not do it.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

The increasing number of accidents in Austin is related to the number of construction sites now actively expanding various highways, such as the project to add an express lane on MoPac. Ever since construction began, car crashes started to happen with alarming regularity.

The Austin Police Department (APD) is warning people that travel in a construction zone is at 55 mph, and not the usually posted speed, 65 mph. Be aware of any construction zones before leaving for work and watch the traffic ahead on the road. If it is moving slowly, there is usually a good reason.

MoPac is generally the one highway where people tend to put on an extra burst of cruise speed, over and above the posted limit. This tendency has resulted in a number of relatively serious crashes. Any interstate traffic is slowed down by construction reasons: There is no shoulder in a construction zone, and the speed limit is substantially lower. No shoulder means drivers have no place to go when they find themselves needing to slam on the brakes at the last minute to attempt to avoid a collision.

The $200 million expansion project, while a welcome change for harried drivers, has resulted in more people not paying attention to posted warnings relating to the construction. Drivers who do not pay attention to what they are doing while driving, whether that relates to texting while driving, or driving while distracted in other ways, are negligent. It is their duty to drive with due care and attention to everything going on around them. The minute their attention lapses, the chances of a serious or fatal accident goes up exponentially.

Even though police are stationed on MoPac, speeding is still an issue. At some point, the department plans to stop giving out warnings and start handing out tickets.

If you have been involved in a traffic accident as the result of another driver’s negligence, you may be able to obtain compensation for your injuries and losses. To initiate a personal injury lawsuit, you need to consult with an experienced Austin injury lawyer.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a auto accident attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.

After five years of recovery, the man resumed his career and added a second, more personal mission. He has now become an event speaker, publically outlining the risks of texting behind the wheel. His presentations vividly demonstrate that people should leave their phones where they cannot reach or use them while they are driving.

A single moment of inattention from a texting driver left a whole family in a terrible state for five long, hard years. The young man did not see cars in front of him slowing down on the highway. He rear-ended them and bounced into oncoming traffic and into the path of another vehicle. The force of the crash pinned the driver between the dashboard and seat. Was the text worth it?

Think twice before using a cellphone while driving. Put it in the trunk. Put it in the glove box. Turn it off. Leave it at home. Protect your life and the lives of others.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

The DriveSafe program operates in two parts. One element is a telematics device that can be installed in the diagnostics port of any car manufactured after 1996 (except electric and hybrid vehicles). The other is an app that parents can download onto their teenager’s cell phone. The app uses Bluetooth technology to track driving habits, lock out certain cell phone functions when the car is in motion, and send parents alerts if teens are speeding or breaking other rules.

The program addresses what has become a big safety problem for teen drivers. According to the National Highway Traffic Safety Administration, teens are six times more likely to be in an accident if they are dialing a cell phone while driving and 23 times more likely to be involved in a collision if they are texting while driving. Cell phone use greatly reduces teens’ reaction times, and the DriveSafe program is meant to reduce the risk.

For parents concerned that data about their teen’s driving habits may be used to increase insurance rates, Esurance states that the company will not even have access to the information. Instead, a third party will host the data, which will not be shared with Esurance.

Parents will be able to use the program to block certain functions of a smartphone while the car is in motion, such as text messaging, email, web browsing and the use of social media apps. But teens will still be able to make 911 calls, receive calls from their parents and access hands-free functions via Bluetooth. Parents receive notifications when teens accelerate too quickly, brake too hard, travel too far from home, drive past curfew or exceed the speed limit.

If teens attempt to remove the telematics device, remove the app, turn off Bluetooth or power down their phone, parents will receive an alert. The app works best with Android smartphones and with some Windows and BlackBerry devices. The iPhone does not allow third party apps to restrict iPhone functionality, so the app is limited to displaying a home screen reminding users not to use cell phones while driving.

DriveSafe is available for free from Esurance in 39 states, including Illinois.

Bob Briskman is a Chicago vehicle accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

A newly released study by the Monash University Accident Research Center conclusively determined what every parent, nanny, babysitter and sibling already knew: it is more dangerous to drive with children in the backseat. And it’s not just a bit more dangerous. Risks can increase up to twelvefold.

Researchers installed cameras in 12 family vehicles for three weeks. Surprisingly, the cameras revealed that cell phone conversations accounted for only one percent of all distractions (which is not to say that those distractions were not dangerous). Kids in the backseat, on the other hand, amounted to 12 percent. In practical application, their parents were driving blind for about three minutes and 22 seconds of every average, 16-minute errand run. Three minutes and 22 seconds is more than enough time to get into a potentially deadly accident. When cell phones combined with child passengers, the risks of an accident increased significantly.

This is the first time a study of this nature has concluded what parental anecdotal evidence already suggested: young children in the backseat of a vehicle can be a serious distraction. Drivers turn around or use rear-view mirrors to check on kids. They play with the children or hand them drinks, snacks and toys, all of which pull them away from the road. Monash studied 92 trips monitored by in-vehicle cameras. 90 of those trips involved distracted driving. Other safety hazards also appeared: in 70 percent of trips with carseats, children were incorrectly buckled in.

Make sure to attend to the road with children in the backseat. It is the best way to protect them.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

Email and texting has become an increasingly more common way for everyone to communicate but these options for communication have literally revolutionized how divorced parents can communicate with each other. Following a divorce, some parents cannot communicate with each other face-to-face without getting into a heated battle. Even a telephone conversation can be filled with emotional outbursts.

On the contrary, a simple text message letting a parent know the other parent is running late to pick up the kids can be just the simple message it was intended to be and nothing more.

Another recent development is online calendars which have also made co-parenting much more effortless for families. From Google calendars to other types of cloud-based calendars as well as outlook, parents can create a shared calendar to keep track of kids’ activities as well as pick-ups and drop-offs. Most of these online shared calendars are free. One online program called “Our Family Wizard” helps parents not only track calendars and kids’ activities, but it also allows parents to track and document expenses or medical information. The program also provides a place to securely store documents both parents might need. There is a fee for the Family Wizard and there are various levels of pricing depending on what options a family chooses. The program even allows one parent to pay the other parent’s fee if one parent cannot afford it.

Some parenting experts warn that the increased use of technology to communicate may actually do more harm than good. They argue that the lack of face-to-face communication can lower parents’ ability to talk to each other effectively. Sometimes an issue cannot be properly addressed in a text message or email. If a child needs medical attention, or is having trouble in school, parents may need to discuss the background of the issues and the possible options moving forward. Parents who do not have the communication skills for day-to-day communication may not be able to handle the communication skills to handle more serious circumstances.  So although technology advances help in some regards, it should never replace face-to-face communications that parents need to accept and deal with for the sake of their children as part of their responsibility to co-parent.

The other danger of using technology to communicate is sometimes people are willing to say things in an email or text message they might not otherwise say to someone in person. Emails and text messages may be nastier or may be more accusing than a face-to-face conversation because it is easier to make accusations when you are not looking someone in the eye. The fact that there may be a record of the exchange, some people just don’t have the self-control to reel in their emotions in a text or email communication.  Always think before you press “send.”

Generally speaking, parents who take advantage of technology to communicate are more likely to communicate regularly and communicate directly rather than through their children which lowers stress on children as well as on the family as a whole. Parents can also communicate more effectively with their children through the use of texting or skyping if parents are out of town. Of course nothing can take the place of face-to-face time with our children, but regular communication makes both parents and children feel like they are part of each other’s lives.

For further information or to schedule a consultation, please contact California Divorce Mediators at (949)553-0911 or at www.cadivorcemediators.com.

Negligence comes in many forms. In this instance, it caused the death of a 22-year-old man one morning in September 2011. Christopher Grouix loved his job as a carpentry apprentice, and every morning, he looked forward to what he would learn that day. But Grouix never made it to work; he rear-ended a John Deere logging truck and was pronounced dead at the scene. His parents chose to sue the truck’s owner and the trucker behind the wheel at the time of the crash. The driver pled guilty to a moving violation and served six months in jail.

At trial, the plaintiff’s wrongful death attorney argued that the young man could not have seen the logging truck because the vehicle did not have the mandatory lights required by law. The defendant’s lawyer argued that the accident was really Grouix’s fault: he was not paying attention to what he was doing, fell asleep at the wheel or was texting or talking on his cell phone.

The defense offered as evidence the fact that the young man had been to a concert the night before and had not arrived home until 1:00 a.m. Moreover, his cell phone was located close to the crash site. The plaintiff’s attorney responded that the young man carried his phone in his pocket and that it had remained there on the drive before the accident.

In the final analysis, the jury awarded Grouix’s parents $1.5 million. The sum included economic damages, including funeral and burial costs, the loss of their son’s income to support the household and $500,000 for pain and suffering.

Families faced with such situations often find themselves scrambling to find the funds for all their necessary expenses and for those incurred as a result of the death of their loved one. It is difficult enough to deal with such a catastrophic loss without trying pay usual living expenses.

Litigation funding may have been a good solution for Grouix’s family. Such funding could have assisted them in paying bills while they mourned and waited for the case to be resolved. A lawsuit cash advance can provide enormous relief for those facing unexpected bills with no way to pay them. These advances allow a family time to heal while they pay the medical expenses and other important bills that must be paid.

Pre-settlement funding is not for everyone, but a lawsuit cash advance can benefit many plaintiffs. It is an option worth exploring. There are no credit checks, no upfront fees or monthly fees and the applicant does not need to be employed. Lawsuit loans often make the difference between a family’s financial struggle and their comfort, offering the funds to handle challenges that appear while their case is making its way through court.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

Honda is introducing two new safety systems that alert drivers to the presence of pedestrians and motorcyclists using signals emitted by their mobile phones. The systems use Dedicated Short-Range Communications (DSRC), the same type of technology currently used to collect some highway tolls and planned for future vehicle-to-vehicle safety systems.

When an approaching pedestrian is sensed by the system, which uses the GPS from the pedestrian’s phone, a warning sounds in the car and an alert is sent to the pedestrian’s phone. The car warning even lets the driver know whether the pedestrian is on the phone, texting or listening to music, which strikes some critics as invasive and unnecessary.

In the case of motorcyclists, a warning sounds in the vehicle but no alert is sent to the motorcyclist’s phone. The system could help warn drivers of pedestrians and motorcyclists who are hidden from view, for example a pedestrian who is about to step out from between two parked cars.

When the system senses a pedestrian or motorcyclist, it calculates the risk of a collision. If a risk is detected, then alarms sound in the vehicle and a display flashes reading “brake.” The pedestrian’s cell phone gets a message reading “watch out” and a honking sound.

The system is similar to one unveiled by General Motors last year, except that the GM system uses WiFi Direct to detect pedestrians, rather than DSRC.

Both systems have obstacles to overcome before they will be widely useful. In the case of GM’s system, most cell phones are equipped with WiFi Direct, but if users do not download GM’s app, they will not be detected by GM cars. In Honda’s case, DSRC is not usually found in cell phones, so the automaker would have to convince manufacturers to include the technology in future handsets.

Of course, neither system does anything to protect a pedestrian or motorcyclist who is not carrying a cell phone.

The new technologies are still in the experimental phase, and are part of a wave of advances focusing on so-called active safety, such as warnings of collisions ahead of the driver or lane-departure warnings. Honda sees the wireless technologies as a feature that could become widely available in vehicles, in contrast to built-in sensors and backup cameras that are only available on higher-end models.

Paul Greenberg is a Chicago personal injury attorney and lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The Governors Highway Association indicates 41 states, plus Washington, D.C., the Virgin Islands, Guam and Puerto Rico now all have laws in place banning texting while behind the wheel of a vehicle.

There are 14 states that not only have a ban on texting while driving, but have taken the law one more step by banning hand-held e-devices altogether. One state, Tennessee, bans reading or sending messages while a driver is in motion, but they may text while stopped at a red light. They also allow drivers to talk on cells while driving.

Many pundits feel that in the near future, Tennessee will take a look at their traffic accidents statistics and decide a complete ban may make more sense. Other states are still trying to decide whether to impose more laws on their citizens or not, while federally, the U.S. Transportation Secretary wholeheartedly supports a federal ban.

The nine states that are still trying to determine which way to go on the texting while driving issues are Texas, South Carolina, Oklahoma, Arizona, Mississippi, Montana, New Mexico, South Dakota and Missouri.

Banning what people see as their “right” to use cellphones and other mobile devices is always a hot button issue. However, even those who oppose this type of ban agree that something needs to be done to reduce the death toll as a result of distracted driving.

If you have been in an accident involving a distracted driver, contact an Austin personal injury lawyer for assistance in making a claim to the courts for compensation for your injuries.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

Many of the people you’ll find in coffee shops think they don’t need health insurance in any form. They are healthy; they don’t go to the doctor much at all. And, they don’t have the money to, anyway. They are not employed, but looking. They believe they can do just fine without health insurance. But what if, on leaving the shop, one of the regulars steps out into the path of an oncoming vehicle? He was texting while walking. Three days and one surgery later, he is sent home with crutches, painkillers and a referral to physiotherapy.

Three days after that, his bill from the hospital arrives. The amount owed is just shy of $10,000. But he had no health insurance and no way to pay the bill. That’s something to think about if you believe you can live without health insurance.

To learn more and get a health insurance quote, visit http://www.benepath.com

People are generally aware of the developmental disorder ADHD. They know it can make some individuals restless or hyperactive and typically includes a short attention span. In many situations, this can run from just aggravating to downright frustrating. However, when it comes to driving, the short attention span is a potential danger, since the driver is not able stay focused on driving.

Medications for those with ADHD are a blessing and may control symptoms, but perhaps not enough to ensure an ADHD driver can handle the normal distractions of driving. In fact, a recent study has revealed that with the usual distractions that come with driving, ADHD drivers demonstrated a higher degree of variable speeds and changed lanes more often than those without this condition.

The study utilized 61 adolescents between the ages of 16 and 17. Thirty-three of the participants did not have ADHD. There were three tests used to determine distraction levels: test one had zero distractions in place; test two involved having a chat on a cell phone; and test three required participants to text and drive. The findings of the study showed ADHD adolescents fared worse in their efforts to maintain a steady lane position and speed.

On the same note, those with traumatic brain injury may face a similar problem when it comes to driving as well. There is more going on, on the road, than we might think. Even if we take to heart the “Drive Safe” admonition many are sent off with when we go somewhere, we can never know what other drivers are contending with as they drive.

If you have been involved in an accident with a distracted driver, contact an experienced injury attorney for information on obtaining possible compensation for injuries you may have.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a auto accident lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

We’ve probably all seen the driver who can’t stay in his lane or who is driving dangerously slow all so the driver can text while driving.

But it’s dangerous.  It’s so dangerous that study after study finds that it’s significantly more dangerous than even driving while intoxicated. (And heaven knows we see too many clients injured in wrecks caused by texting and driving.)

Thus, we can all understand (I hope) that if someone is texting while driving and causes a wreck, then the law ought to hold that person accountable for the harms the person causes others.

But what about the person who sends a text to someone that person knows is driving?  Should the person sending a text to a known driver be potentially liable if the driver is in a wreck while reading or responding to the text?

That’s now a possibility in New Jersey.  Earlier this month, a state appellate court ruled that third-party texters could bear responsibility in texting-related car wrecks.  In reaching the opinion, the court wrote, “when a texter knows or has special reason to know that the intended recipient is driving and is likely to read the text message while driving, the texter has a duty to users of the public road to refrain from sending the driver a text at that time.”  However, the Court specifically said that they are not holding that someone who texts to a person driving is liable for that person’s negligent actions.

Could this happen in Texas?

It’s doubtful.  Our legislature and court systems are extremely conservative, and I have a hard time believing that they would reach the same conclusion.

But we should still heed the warning.  If you know a friend or family member is driving, don’t text them.  Wait until they’re somewhere safe to read your message.

The text while driving ban is a “secondary’ offense.  This means that an officer can not pull you over for texting while driving if that is the only law violation he observes.  However, he you are pulled over for some law violation or infraction such as not wearing your seat belt or speeding, and the officer sees you texting while driving, he can pull you over because you did not have your seat belt on and then write the additional $30.00 ticket for texting.

Be careful because the texting ban prohibits reading a text or email while driving! The ban also covers sending email communications and instant messaging.  Basically, anytime you are manually typing a communication into your smartphone or device while driving it is against the new law.  If your vehicle is set up for hands-free communications, you are allowed to use texting, email, and instant messaging.

You are allowed to text or read a text while stopped at a red light or while in a traffic jam.  Drivers are also allowed to report criminal activity while driving.

As stated above, this texting ban is a “secondary” offense for now, but the law requiring someone wear a seat belt also started out as a secondary offense and eventually turned into a violation that the police can pull you over for is subsequent years.

Be careful and drive safe!

If you have been arrested or received a ticket for a traffic infraction, retain a criminal defense attorney that knows the law!

Thomas C. Grajek  863-688-4606

While the exact circumstances surrounding the accident have not been reported, apparently the boy ran into the street, and while the driver swerved to avoid hitting him, the car still collided with the boy. He was subsequently transported to a local children’s hospital in critical condition.

According to police, when they arrived at the scene the boy was still breathing but not alert, and he suffered serious head injuries.

Police also reported that the driver was not at fault, and that she will not face charges.

While it appears as though the driver was not at fault in this case based upon police reports, this is not true in many cases where pedestrians are seriously injured.

Oftentimes, drivers, particularly in residential areas, may be responsible for causing accidents when they engage in negligent or reckless driving. Negligent driving occurs when an individual operates their vehicle in a manner that is not in accordance with how a reasonably prudent (or safe) driver would.  Typical examples of failing to meet this minimum standard include things such as the following:

• Speeding
• Failure to yield
• Handheld cellphone or other device use, whether texting, talking, browsing the internet, reading emails, etc.
• Driver fatigue
• Driver Intoxication

However, pedestrians can potentially run into issues with Georgia’s comparative negligence law. This law states that if your own actions are found to be 50% or more responsible for causing your accident, you will be barred completely from receiving any compensation for your damages. If, however, you are found to be less than 50% liable for your accident, you can recover, but your final settlement will still take into account your relative amount of fault and deduct it from your award. For example, if you fail to look both ways before crossing the street, and you attempt to walk  just as a car is approaching, you may be at least partially at fault when it comes to determining liability at trial. Your Georgia car accident attorney will be able to fully advise you regarding the nuances and potential limitations of this rule. Therefore, it is imperative that even if you believe you may have been partially to blame, you consult with an attorney in order to determine your rights, and decide on a plan of action.

If you have been injured, or a loved one has been killed, in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience in representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. We are dedicated to treating our clients with the highest standards of quality and ethical representation. Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Incredibly Tragic Accident Kills 16 Year Old Pedestrian, Atlanta Personal Injury Lawyer Blog, published August 27, 2013

Old Atlanta Road Crash Ends Tragically, Atlanta Personal Injury Lawyer Blog, published August 19, 2013

You likely have insurance on your home and your vehicle, and yet, without your good health, you may not be able to keep your home and that vehicle. This isn’t meant to scare anyone. It is a plain and simple truth. Even if you think you do not need health insurance because you are fit and healthy and have not seen a doctor for years, you can get into an accident.

Just because you drive carefully does not mean the other guy does. It does not mean they are not texting while driving on the way to or from work, might wander into your lane and cause a head-on collision. Say you make it to the hospital. You get treated. You may stay or may be released. Where will you find the funds to pay for the care? Even with money in the bank, chances are that you will not have enough to pay the kind of bills the hospital sends you.

Think twice about not having health insurance. It’s your life —— literally.

The old marketing adage about “getting what you paid for” is very true when it comes to buying exclusive life insurance leads. Because they are definitely only sent to your inbox, you have a jump on your competition, as you are working with pre-screened, pre-qualified potential customers. It does not get any better than that.

How do you approach someone who has called asking for information on life insurance? Easy. Just speak to them as if you were having coffee in the kitchen and were sitting across from them. No hard sells. Just plain information, offered in a professional manner. It will be clear that you know your products if you answer all of their questions and make recommendations based on what they are telling you they need.

It’s not rocket science. It’s people science. People these days are sick of talking via texting, sitting in public places and watching everyone one their iPhones, not talking to each other. Be the insurance agent who breaks the mold and make your calls personable. Let your potential customers get to know the real you – not as that insurance guy who texts up a storm.

Benepath is the leading provider of exclusive life insurance leads. To learn more, visit http://www.benepath.net or call 1-866-368-0377

The two-car accident occurred when the young girl’s mother was headed southbound on Old Atlanta Road near Estates of Old Atlanta subdivision when she apparently lost control while on a curve. Her car traveled into the southbound lane and struck a Honda Odyssey. The mother was pronounced dead at the scene. Another passenger, an 11 year old family friend, was taken to the hospital for treatment of non-life threatening injuries to her face.

The driver of the Honda Odyssey was taken to a local hospital with non-life threatening injuries. A seven year old passenger in the van was transported to the hospital for treatment of a broken arm.

Investigators believe that the rainy weather conditions were a contributing factor in the crash.

Sadly, this tragedy is just one of many reported recently whereby at least one individual was killed as a result of a vehicle crossing over into oncoming traffic.

Although it was not reported in this case, in many collisions, crossing over the yellow line occurs when a driver is engaging in distracted driving.

Distracted driving occurs whenever a driver diverts his or her attention from the most important task at hand: driving itself. While the possibilities are potentially endless for what could distract a driver, the most common culprits are activities such as the following:

• Handheld cell phone use
• Personal grooming, such as applying makeup
• Interacting with passengers, whether friends, children, etc.
• Eating or drinking
• Adjusting the radio, music, or other device

Georgia law currently prohibits all drivers from texting while driving, and handheld cellphone use is prohibited while driving for all bus drivers and novice drivers. The legislature recently rejected a more far-reaching distracted driving law, which would have prohibited other distracted activities, such as eating, grooming, and writing while driving. According to distraction.gov, an estimated 10% of collisions in 2011 were believed to be caused as a result of distracted driving, and with the increased use of smartphones, that number is likely to increase.

The reason for the collision is relevant because it can provide a basis for liability. If the driver responsible for causing the collision was distracted, this can provide a foundation for a negligence lawsuit. Negligence claims that the driver was not driving in a manner that a reasonably prudent (safe) driver would have, and that this failure resulted in causing harm to the plaintiff (person bringing the lawsuit).

If you have been injured, or a loved one has been killed, in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience in representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Our firm is dedicated to treating our clients to the highest ethical standards, and treating each client with the personal attention and highest quality representation that they deserve.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Two DeKalb Police Officers involved in Serious Car Accidents within Two Week Span, Atlanta Personal Injury Lawyer Blog, published August 12, 2013

Tragic Rollover Crash on I-85 in Duluth Ends in Tragedy, Atlanta Personal Injury Lawyer Blog, published July 29, 2013

We all see warning signs on the road every day, but do not always pay attention to what they mean. In fact, some ignore them completely —- until there is a nasty accident.

Consider the case of four teens who slammed into a tree because they did not pay attention to a warning sign about a treacherous road. It was one of those wrecks that neighbors in the area clearly heard. The sound of the impact reverberated through the night. By the time first responders and police made it to the scene, one teen was dead and three others were seriously injured. People in the immediate area were certain the driver missed the posted warning sign that there was no exit for the road they were on. It was a dead end —- straight into a copse of trees.

According to the safety agency that looks after signage for various roads within their purview, the warning sign that indicated the road was a dead end was new and highly reflective. However, they would consider adding another sign that indicated how much further someone could drive on the road before it ran out. Whether or not the addition of another sign will reduce the number of accidents is questionable, as the real issue is not so much the signs, but the ability of a driver to see and react to those signs.

Another question worth asking at a wrongful death trial would be whether or not the existing signage was sufficient to act as a warning, and whether or not it was obstructed by trees or other foliage, particularly if the weather was bad or it was late at night. This is certainly an approach a good injury attorney would use to obtain compensation for the deceased, or funds for those with injuries facing medical bills as they heal.

While a case such as this one may end up with fault being apportioned, particularly if the driver were texting or drinking, or under the influence of a drug, it still might result in some form of compensation for the family of the deceased teen and other three injured occupants of the wrecked vehicle.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a auto accident lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

Gov. Rick Scott signed the bill into law on May 28, 2013. The ban prohibits the use of cell phones for sending text messages or email while driving under most circumstances. But “most circumstances” comes with a number of exceptions. The law does not apply to drivers at red lights or in traffic jams. And drivers may still use phones for navigation, weather, and music, and they may also use voice-to-text applications.

But the biggest weakness in the law, some say, is the fact that violation of the ban is a secondary offense. That means that police cannot pull over a driver whose only offense is texting – they must commit some other infraction, such as speeding. They could then be ticketed for speeding and/or texting. Police also cannot require drivers to hand over their phones to show whether they have been texting or emailing. Enforcing the ban may therefore prove quite difficult.

State legislators have tried for years to pass a ban, but Republican leaders in the House have thwarted the efforts. This year, new House Speaker Will Weatherford, R-Wesley Chapel, broke the gridlock when he indicated his support for the legislation.

Sen. Nancy Detert, R-Venice, the bill’s sponsor, defended the measure, saying the fact that texting is a secondary offense will not affect the public’s perception of it.

According to a recently-published study by Cohen Children’s Medical Center, texting while driving is the leading cause of death for teenagers, claiming the lives of more than 3,000 teens each year. The Florida Department of Highway Safety and Motor Vehicles said that texting contributed to nearly 200 crashes in Florida last year. And the National Safety Council said that texting contributes to over 100,000 crashes per year in the U.S.

The law goes into effect on October 1, 2013. A first-time offense carries a $30 fine and is a nonmoving violation. A second violation within 5 years of the first carries a fine of $60 and is a moving violation.

Regardless of the state of the law, drivers as individuals need to take personal responsibility for their safety. This means not only the careful and judicious use of cell phones and other electronic devices in cars, but also defensive driving to protect oneself against the ever-present threat of others’ unsafe driving.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills personal injury attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The Insurance Institute for Highway Safety indicates hands-free cellphones in manual texting mode increase the risk of a crash six-fold. If they are in voice to texting mode, the risk is fourfold. There is no safety benefit in switching from manual texting to voice-activated texting.

In fact, it is deceiving to the driver to think that voice to text is safer, allowing them to talk even more while they are driving, and not paying attention to what is going on around them. They are cognitively distracted no matter what mode their cellphone is in.

In addition, another Canadian study has discovered cellphone usage while driving affects visual concentration, reaction-time, slows the brain in processing information, encourages more braking in panic, decreases the distance between vehicles and reduces the driver’s field of view.

Anyone in the path of a cellphone user behind the wheel of a car is at great risk, about the same level of risk as driving while impaired. Over 5 billion texts are sent by Americans every day and nearly 20 percent of texters admit they text and drive.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.rwleelaw.com or calling 512.478.8080

Do you have a health insurance plan that covers you when you need to see a doctor? Have you been searching for the right insurance policy and had no luck? Go online and check out reputable insurance websites and start asking questions. It helps to work with a list of things you need. The irony is e-searching is how you will find what you need. From there though, call and make personal contact. The personal touch is so valuable these days, and missing in most of our daily communications.

Click here and get a health insurance quote, visit http://www.benepath.com
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These days, motorcycle riders are concerned about the increased number of distracted driving on the roads. Bikers already must deal with drivers not seeing them or performing abrupt turns right in front of them. Driving while texting or talking on a cellphone only increases the chances of a motorcycle crash.

If you’re driving around motorcycles, remember to provide them with a full lane of travel, stay at least four clear seconds behind them, pay attention and assume you will see a biker, stay on the alert and double check in every direction before making any turns, particularly left hand turns.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.rwleelaw.com or calling 512.478.8080

Perhaps legislators are simply focusing on passing more practical and politically palatable laws instead of more stringent ones. Or perhaps they truly believe that hands-free devices eliminate or significantly reduce the distraction mobile gadgets present. Drivers who text while using hands-free devices would probably agree that doing so keeps them safer than they otherwise would be. But does it really?

According to a recently-published study by the Texas A&M Transportation Institute (TTI), the answer is no. The study is the first to compare manual texting to voice-to-text using a handheld phone during actual driving. The performance of 43 drivers on a closed course was measured first without any cell phone use, then while using a voice-to-text application, and finally while entering a text message manually. Researchers measured how long it took drivers to send the messages. They also measured reaction times by recording how long drivers took to respond to a light that turned on during the exercises at random intervals.

The results showed that driver response times increased significantly during text entry regardless of the entry method. In each case, reaction times nearly doubled. Interestingly, researchers found that both methods of entering text messages caused the drivers to spend significantly less time with their eyes on the road.

Contrary to what you might expect, the study showed that voice-to-text entry required slightly more time than manual entry. But during that time, driver performance took the same hit regardless of the method. Crucially, despite each of the texting methods impacting ability the same way, drivers reported feeling safer when using the voice-to-text feature.

A distracted driver is a dangerous driver. You owe it to yourself and your loved ones to keep not only your hands on the wheel but your mind on the road around you. Eliminate or reduce your distractions whenever possible. And drive defensively, because even if your car has an attentive driver at the wheel, you can be assured some other car does not.

If you need to speak with a auto accident lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

A recently released report showed that Americans, as a nation, talk, text and drive much more than Europeans. This is not a contest. However, it does show that texting, talking and webbing are serious issues worldwide. It’s not much to be proud of when you then look at the number of deaths caused by this behavior. As chilling as this may be, technology is nice to stay in touch, but if you’re doing that while you’re driving and it kills you, what does that say about human behavior? Make no mistake, the technology does not kill —- the inattention of the driver using it does.

The statistics about texting and driving tell a horrific story. Just about 69 percent of surveyed drivers indicated they talked on a cell while driving. Thirty-one percent said it was something they did regularly and 31 percent admitted they had sent texts while driving. The highest number of drivers that text while driving are young adults, which is no surprise, as they seem to think they are immortal. The fact is that two tons of metal hurtling down the road with a distracted driver can result in an enormous amount of damage, seriously injure or kill someone. Is that text conversation important enough to lose your life over?

If you consider everything that can be done in the car, or other vehicle, everything that takes your eyes off the road is a distraction —- from fiddling with the heater to searching for a radio station and from webbing the Net on and iPad to texting on a smartphone. Sending and receiving a text means the driver is not looking at the road for at least 4.6 seconds. If the driver is traveling at 55 mph, in 4.6 seconds, they have gone more than the length of a football field. Check out this website for the full story: distraction.gov

For a further eye-opening read, over 3,331 Americans lost their lives in car wrecks involving a distracted driver. Nearly 400,000 were injured. It’s estimated that one in every five crashes is the result of someone driving while distracted. The numbers speak for themselves.

If you have been in an accident with a distracted driver, reach out for competent legal advice and assistance to an Austin injury lawyer. If you want justice, compensation for your injuries and other losses, only an Austin injury lawyer can take your case to court and ensure you get what you deserve.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.rwleelaw.com or calling 512.478.8080

The bill is being pushed by Illinois Secretary of State Jesse White. According to White’s office, in 2012, about half of newly-licensed drivers age 18-20 did not take driver’s education courses. If the bill becomes law, applicants with no driver training would have to take six hours of online education courses on topics such as rules of the road, drug and alcohol awareness and texting while driving.

Currently, teenagers can obtain a driving permit at age 15 and a driver’s license at age 16 provided that a parent or guardian certifies that the person has driven 50 hours or more, with 10 hours of driving at night.

White said that teen driving fatalities had decreased by almost 60 percent since comprehensive driver’s license programs were implemented in 2008, and the new bill would build on that success.

Rep. John D’Amico, a Chicago Democrat, sponsored the bill. D’Amico said that ideally young drivers would receive greater than six hours of education, but the bill was a good place to start. He said the cost of the training to the applicant would probably be approximately $25.

D’Amico said that graduated licenses had been a success for safety. Graduated licenses allow drivers to begin practicing driving at age 15 with an adult in the car, if they are enrolled in a driver education course. At age 16 or 17, the driver may obtain an initial driver’s license with restrictions, provided a parent or guardian certifies that the requisite amount of driving practice has been completed. However, D’Amico said, the requirements had prompted some young people to wait until they turned 18 to obtain a driver’s license with no training.

According to White’s office, car accidents are the most common cause of death among people age 15 to 20. The risk of a fatal crash increases with each additional teenager in the car. Illinois’ graduated driver’s license program for drivers age 16 or 17 limits the number of passengers under the age of 20 to one, with the exception of close family members.

Paul Greenberg is a car accident lawyer in Chicago and car crash attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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In order to cite a driver for this violation, the person must be stopped for some other lawful reason. That means that if a police officer saw a driver texting, the deputy could not pull the person over and give them a ticket, unless the cop saw another infraction that gives him that authority.

This is called a “secondary offense” because it does not allow the officer to pull you over for it, but can be an additional traffic citation. This is how Florida’s seat belt law started out. Initially, law enforcement officers or Florida Highway Patrol trooper could not pull a driver over for not wearing a seat belt, but eventually the law was changed to make not wearing a seat belt a primary offense did allow an officer to pull a person over and write a ticket for not wearing a seat belt.

There is also a provision in the law that allows police to use drivers’ mobile phone records against them only when texting causes a crash resulting in death or personal injury. Whether this part of the law stands up to illegal searches and seizures or requires a warrant before the police can get this information will eventually be challenged in court. In addition, an objection would be made that the need a custodian of records from the cell phone company to get these records into evidence to assure they are accurate and your phone record and not someone else on your plan.

The ban covers tablet computers as well as mobile phones, but excludes using a talk-to-text feature. It also allows texting while stopped at a red light. You can also use your phone records to defend against a texting-while-driving ticket, but some phone companies’ records don’t differentiate between manual texting and talk-to-text messaging.

A first violation is a $30 fine plus court costs. A second or subsequent violation within five years adds three points to the driver’s license and carries a $60 fine.

Eventually, this will become a primary offense so that the police will have another reason to pull drivers over and search their vehicles. Even if your phone records prove that you did not text, you will still have to fight the search because an officer can always say “well, it looked like he was texting.” However, a judge or jury may have something to say about that and your criminal charges could be dismissed because the officer did not have the right to pull you over.

If you were pulled over and the police searched your car, you may have a defense to the criminal charges against you.

Call aggressive criminal lawyer Thomas C. Grajek in Lakeland, Florida now and go to court with a an attorney that will fight for you!

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Thomas C. Grajek 863-688-4606

Aggressive DUI, DRUG and SEX CRIME attorney representing all individuals arrested in Florida and Polk County, Florida including Bartow, Lakeland, Winter Haven, Mulberry, Haines City, Auburndale, and Lake Wales.

Consider the case of one American family tooling down the highway on the way to see friends. They could see for miles and were enjoying the scenery. Suddenly, the rear-view mirror offered a glimpse of a nightmare on wheels; an enormous semi barreling down the road and seemingly inches from their bumper. Just before impact, the car driver saw the trucker slumped over the wheel. Then, the world went black. The car driver woke up in hospital later that day, his wife and three kids had died at the scene.

Too often truckers get involved in accidents because they are not watching what they are doing. It’s incredibly easy to get distracted while in the cab of a large commercial vehicle. If they take their eyes off the road for just a split second, that second could result in a monumental wreck, as a vehicle that size, going highway speeds, travels the distance of a large football field. Anything in front of a trucker is doomed to be in a path of great destruction.

The most common causes of big rig wrecks are driving while distracted using a cell phone, GPS system, lap top, smartphone, iPad, portable TV, surfing the web on their mobile devices or dropping something on the floor. There is also driving while fatigued, as in being over the legal number of hours they are supposed to be driving, being under the influence of drugs or alcohol, speeding, poor weather and visibility conditions, aggressive driving and mechanical failures.

In short, no one can really predict when an accident will happen, and many times, it may not happen, at least not that particular day or year. Chances are though, that the more the trucker is not paying attention to his job, driving safely, the risk of having an accident goes up exponentially. When accidents happen involving large commercial vehicles, do not take the chance that an insurance company will offer you a decent settlement. The only decent settlement would be to their advantage, not yours.

If you are seriously injured and need extensive medical care, contact an experienced Austin injury lawyer. If you want compensation for your injuries, medical bills and the like, the only way to get a fair settlement or jury verdict is by having an Austin injury lawyer represent you.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

There are three kinds of distracted driving: taking your hands off the wheel; letting your mind wander off what you are doing; and taking your eyes off the road. No matter which distraction you indulge in, and some people do all three at once, the potential to wind up seriously injured or dead looms each time you text, or go webbing while driving.

The leading cause of death on the highways these days is texting while driving; a fact which is not much of a surprise given the huge media coverage of every death by texting news story. It’s not just the media that are warning the public about the dangers of distracted driving; the Centers for Disease Control and Prevention (CDC) are also sounding alarm bells with a recent report that shows texting causing 25 percent of all accidents, injures 330,000 a year, increases your chances of a wreck by 23 times and is six times more dangerous than drunken driving.

Shocking news, isn’t it? Or perhaps not, as any right thinking American citizen realizes that taking their eyes off the road is asking for trouble. Or do they? If the CDC’s number indicate anything, they show people are not thinking about the consequences of their actions. And so, hundreds have been maimed and killed because they were texting or webbing. What is wrong with that picture? What is so important that it cannot wait and save a life?

Despite campaigns to make people aware of how dangerous texting/webbing is, year-after-year the accident statistics climb. Being perpetually connected is not necessarily a good thing, as the number of deaths and serious injuries so clearly point out. Consider this: if you take your eyes off the road for about 4.6 seconds, the time it takes to read a text message, and you’re driving at 55 mph, you have travelled the full length of a football field, of 100 yards, without seeing where you are going. Any wonder why accidents that kill happen when you drive blind?

The bottom line is that texting/webbing accidents are the second largest cause of preventable deaths today. They also cost the economy, meaning you, the taxpayers, over $100 billion yearly. If you have been in an accident where the other driver was texting or webbing, get in touch with a competent and knowledgeable Austin personal injury lawyer. You may wish to file a lawsuit to recover compensation for medical expenses, lost wages, medications and so forth.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

It’s easy to commute inexpensively from one point to another when using a motorcycle. Certainly they handle well and go places that regular vehicles cannot. However, that same versatility is often the reason for the serious injury, or death, of a biker when hit by a car.

Consider an accident that involved an SUV heading south on the freeway, and a biker, heading north. The SUV went to make a left turn, and the biker had no place else to go. He hit the side of the SUV, and due to the force of the impact, the bike kept moving, slamming into another car, before coming to a stop on a side avenue. The biker was ejected onto the sidewalk, and pronounced dead at the scene.

From the evidence, it looks like failing to yield the right of way may have been an issue in this crash. However, further investigation is needed to determine if anything else was going on at the time of the accident. For instance, was the SUV driver texting while attempting to make a left hand turn? Driving under the influence? Driving while distracted? While any of these factors may have caused the collision, knowing that will not bring the man back, but it may be enough knowledge for the family of the deceased to file a wrongful death lawsuit.

In accidents like this, even with a helmet, often the bodily injuries incurred are fatal, simply because the rider and/or passenger have no other protection, such as the frame of a car to protect them. Bone fractures, traumatic brain injuries, a crushed pelvis, and amputations are common. If a biker survives, they may need medical care for the rest of their lives. They certainly are entitled to file a personal injury lawsuit seeking compensation for lost wages, medical expenses, rehabilitation and drugs, if not their permanent medical care for the future.

In cases like this, the family needs to speak to competent Austin injury counsel, to find out what their legal rights are, and what to expect, should they file a wrongful death lawsuit. Never take the word of an insurance company for anything is someone you loved has been killed in a motorcycle crash. They only want to reduce or deny your claim and despite what they say about wanting to help you and your family, their real agenda is to minimize their losses. Stick to your guns and call an Austin injury lawyer for help.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

If you don’t think that texting and driving in America is a serious issue, then you seriously need to visit the National Safety Council website, and check out their information on distracted driving. It tells a horrendous story about 930,000 car wrecks as a result of drivers using cell phones or texting while driving, just this year alone. That figure bears repeating – 930,000 deaths just this year, and counting, as a result of using mobile technology while driving. What is wrong with that picture? How can we, as a responsible nation of people, countenance a death every 24 seconds, because someone thinks texting while driving or talking on a cellphone won’t hurt anyone?

Who hasn’t seen a distracted driver, weaving from lane to lane, drifting to one side or the other while trying to text, use a mobile map app, a smartphone or talking on a mobile device? Ever had to get out of the way of an erratic driver and cursed them for being inattentive and thought how dangerous it was? Were you holding a cellphone in your hand at the time? It’s one thing to frown on those who drive while distracted, and quite another to also do the same thing, while disapproving of doing it. The simple fact is no one should be doing it. Distracted driving kills – period.

Driving while texting is not safe. It is a real problem. Even awareness campaigns are not making enough headway to prevent texting deaths. The solution? Remove technology from vehicles. It really is just that simple. The problem isn’t so much the technology, as it is people using it inappropriately. It is a disturbing commentary on human behavior that so many seem to feel that texting and driving is a right, and nothing will happen to them. Think again.

There aren’t many teens or younger adults that have not lost a friend to a distracted driver, or have been in a wreck involving one. They may even have caused the car crash themselves, while texting about a prom date, a pizza or what a teacher said. It has to stop. Injury lawyers across the U.S. are in the position of picking up the pieces when these accidents happen. Stop. Think. Do not text and drive. It’s your life, stay alive to live it by being responsible. Stash the phone someplace and pay attention to the road.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

In fact, the Adverse Childhood Experiences study followed thousands of individuals in order to identify a relationship between childhood events, such as divorce or death of a parent and various stressors like abuse, neglect and health problems, and the effects they may have on adults in obesity, depression, alcoholism and related situations. More than 17,000 HMO members provided detailed information about their childhood experiences for the study. So far, 50 scientific papers and over 100 workshop and conference presentations have been made.

According to a 2009 report by the U.S. Census Bureau, there were 13.7 million single parents in the United States. Over 80 percent of custodial parents are mothers, and most of them are gainfully employed. Of course, this means many children probably don’t see either parent that much during the day because they are in school. Not interacting with either parent except for the moments between school and work could leave a child feeling consistently lonely and confused.

Electronic communication can help fill the void children feel when they are not able to be physically near one or both of their parents. Skype, texting, Facebook and Twitter are just some of the technologies available today that divorced families can use to maintain consistent communication. The benefit of video technology cannot be overstated; how can the significant experience of imprinting take place without being able to see a parent’s face? Children should be encouraged and allowed to communicate with either parent often and in as many ways as possible.

Given the current economic struggles for so many, it is not at all uncommon for single parents with children to move away in order to secure employment. This kind of upheaval can be further destabilizing for a child. In these cases, virtual visitation is a potential filler. It shouldn’t be used as a substitute for real interaction, but in the event there is distance between family members, using online communication can help provide families with a sense of togetherness and maintain bonds between parents and children.

However, this does not mean that parents should discuss any divorce or parenting issues on social networking pages. “I always remind my clients not to put anything out in the public domain that they would not want a judge to hear and consider,” said Zephyrhills divorce lawyer Marcie Baker.

Marcie Baker is with Alston & Baker, PA. To contact a Zephyrhills family lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

An 18-year-old man was texting while driving when his car drifted over the center line and crashed into another vehicle, causing serious injury to the driver of the second vehicle. He later died from his injuries.

The driver was convicted of a new offense – homicide by texting while driving – the first individual in Massachusetts to be cited for this. He entered a not guilty plea but was subsequently convicted. He faces jail time of up to four years.

The victim’s family sought the advice of a personal injury attorney to find out what they could possibly do to stop this crime from happening to others. From the accident to the victim’s hospital stay and treatment to the impending court case, the family faced mounting legal and medical bills. They decided to approach a litigation funding company and apply for a lawsuit cash advance.

Pre-settlement funding is, as implied, cash given in advance to qualified plaintiffs while they wait for their case to reach a conclusion. Applying for a lawsuit loan is as easy as two clicks or picking up the phone.

A lawsuit cash advance may be spent on anything, but it is usually used to pay medical bills and other pressing monthly financial obligations. There are numerous benefits to applying for pre-settlement funding, so it is definitely worth a phone call to see if it would work for you if you ever find yourself in a similar situation.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

This has got to be one of the most bizarre cases we have ever heard about. A U-Haul truck was moving around in the tailgating area at the Yale Bowl, hauling beer. Nothing was really out of the ordinary there, but for the fact that the truck ran over a woman, killing her. For some unknown reason, the truck suddenly accelerated, rolling over the hapless victim and two others, and subsequently smashing into other U-Haul vans in the same lot.

The 30-year-old woman received CPR from emergency responders, and was taken to the nearest hospital for care. Unfortunately, she died shortly after arriving. Both other injured women, hit by the same truck, were also taken to hospital. One victim sustained broken bones and was listed in serious, but stable condition. The third person was treated and released.

Police at the scene administered a field sobriety test to the U-Haul driver and discovered that he was not under the influence of alcohol. Whether he had been texting, talking on a cell phone, not paying attention to where he was going, or the vehicle had a mechanical glitch remains to be seen as the investigation proceeds.

Do the victims have causes of action? Yes. The dead woman’s family may wish to file a wrongful death lawsuit, and the two other victims might want to file personal injury lawsuits. In any of these scenarios, those filing a lawsuit will be cash strapped and wondering what they are going to do to pay their medical and other bills.

It is not unusual for the family of a deceased victim or those injured in an accident to find themselves facing a serious gap in their financial situation. Being without funds is indeed a tremendous financial hardship. Furthermore, waiting for a lawsuit to reach a settlement or conclude in a court verdict may take many months, if not years, making the financial situation even more dismal. The good news is that litigation funding can help.

A litigation funding company offers lawsuit funding. It is a cash advance for the plaintiff that they may apply for, and once approved, receive in advance of a pending settlement or jury verdict. With pre-settlement funding in the bank, the victim can pay medical expenses, therapy, medications and any other financial obligations. There is no need to suffer financial hardship when lawsuit loans are available.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

To get a better idea of what the term personal injury accident means, think car wreck. It is the best example of the personal injuries you may sustain after being hit by a negligent driver. Personal injuries may cover a multitude of things, such as whiplash, air bag injuries, broken bones, crush injuries and amputations.

Consider the case of the man who lost his leg after being hit by a passing car. The victim was pushing his SUV off to the side of the road because he ran out of gas. As he was pushing it, a 25-year old woman driving a Nissan Ultima hit him. As a result of the collision, one of the man’s legs was severed.

Thankfully, another motorist put a tourniquet on the man to stop the bleeding until EMS crews arrived. He was taken to the nearest hospital for medical assistance, as was the driver of the car that hit him. The police report did not indicate any charges had been laid, but they were calling for further investigation into the matter. There are many unanswered questions in this scenario, not the least of which is what was the female driver doing at the time of impact?

Was she paying attention to her driving? Was she speeding? Was she texting or under the influence of something? All these things need to be figured out in order for the case to move forward and for the man to be able to sue the female driver for compensation for his medical bills and his catastrophic, life-altering leg amputation.

If you have been in a similar situation and do not know who to talk to about compensation for your personal injuries, make it a point to connect with a seasoned Atlanta personal injury lawyer. These types of situations are not cases where the plaintiff can act pro se (on their own), or they run the very real risk of missing out on money they are legally entitled to as a result of their injuries. For catastrophic injuries like amputation, the awards tend to be higher.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

It used to be that everyone got to where they were going by just walking there. If they had anything to say to the person when they arrived, that was when the conversation took place. Cell phones had not yet been invented, and no one seemed to miss being out of touch with others. It was just the way life was back then. Now, with the advent of cell phones that do just about everything, staying in touch is not only easy, it may also kill.

Many people do not see the harm in texting while walking. After all, they are safe on the sidewalk, mall or wherever they happen to be headed. But, are they? Consider the case of the young teen who was texting her boyfriend about their planned date, when she walked out between two parked cars, right into the path of an 18-wheeler. The cell phone survived the impact. The young girl did not. Was her life worth texting dangerously?

What about the case of the young man who was walking down the stairs at work and texting his buddy about their weekend plans? Because he was not paying attention to where he was walking, he missed the last two steps, fell hard and hit his head on a cement floor. His cell phone survived the impact. He sustained traumatic brain injury. Was his forever altered life worth texting dangerously?

If you do not think texting and walking is a big deal, because maybe, nothing has ever happened to you, consider the emergency room statistics across the U.S. that show over 1,000 pedestrians have needed emergency medical care because of texting and walking accidents. Each year, the numbers go up, not down. While texting and walking is not a smart thing to do, texting and driving is markedly worse, as you can kill someone else by negligently not paying attention to the road. Be smart and above all, be safe.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.