Posts Tagged ‘recklessness’

Driving While Distracted, Texting & Driving

Tuesday, April 27th, 2010

Given the number of traffic deaths these days due to the use of cell phones – either talking or texting or both while driving – there is a clear trend for lawmakers to heed.

A quick look around at some statistics will let you know just how serious this particular addictive habit seems to be, and not just with car drivers, but with truckers and bus drivers. In fact, just recently, the Transportation Department banned text messaging by truckers and bus drivers while on the road. Those caught doing it in contravention of the law could be fined up to $2,750. It’s a high penalty, but then the price it may cost an innocent person hit by a texting driver is high as well, as a life is priceless.

There are a few more figures that should immediately capture your attention about texting while driving. Did you know that when someone is texting while behind the wheel of a vehicle they may travel the full length of a football field in about six seconds? That’s at a speed of 55 mph. Six seconds of distraction that could cause the death of another. Six seconds when a driver’s attention is not fully engaged on the road or the task of driving. Driving while distracted – to death.

If you look at the scenario of someone texting while driving at 55 mph and realize they may travel the full length of a football field, you suddenly realize that they are doing that without looking at what they are doing. Their eyes are on the cell phone. In other words, they may as well be blindfolded. This is negligence and recklessness at its worst.

There are also figures available from the National Highway Traffic Safety Administration that indicate that there are over 812,000 drivers using hand held cell phones “daily.” That means about 11 percent of the traffic on the road. Of the 11 percent, about 6 percent (cell phone users) are involved in crashes that result in approximately 2,600 deaths and over 342,000 injuries. That’s a high personal injury toll for talking on a cell phone.

Consider this as well; that one in four American teenagers admit to texting while driving and about 50% of teens recount they have been a passenger in a vehicle where the driver has carried on a texting conversation with someone. These kinds of statistics, revealed by the Pew Research Center’s Internet & American Life Project, are frightening. Worse yet is the revelation that most average all-American teens who have cell phones send, receive, read and respond to close to 3,000 texts a month – many of them dealt with while they are driving.

While this particular study focuses on teen drivers, texting is not just a teenage phenomenon. It crosses many age barriers. The question is why do teens and older drivers, despite knowing the risks associated with texting and talking on a cell phone while driving, still go ahead and do it. It seems to go right to the heart of a very human need to stay in touch; to be a part of something; to communicate. Unfortunately, this need at times completely obliterates caution and driving safely.

Another reason people still persist in using a cell phone while driving is because they have been brainwashed by the media to think they can multi-task and the cell phone lets them do just that. Sadly, cell phone discussions and texting while driving don’t mix. At one time, no one had a cell phone, and they were able to multi-task without using potentially deadly technology.

Here is something else to think about when it comes to the high crash rate associated with the use of cell phones while driving; for every two seconds a driver’s eyes are off the road, the chances of a crash shoots up to twice as likely. This figure is thanks to Triple A. This kind of revelation makes sense, as texting while driving demands a person’s complete attention and that means the person isn’t paying attention to their driving.

And again, it’s not just car drivers who are not paying attention to what they are doing, as a study of truckers by the Virginia Tech Transportation Institute points out. Their figures indicate a startling find; that truckers who texted while driving were 23 times more at risk to be involved in a crash or a close call.

Many states ban using mobile devices for talking and texting and while it may be the law, people are not always following the law. Driving while distracted is against the law in California, as well as texting while driving. Whether the cell phone is hand held or hands free, a distraction is a distraction, and distraction kills. Granted, there is a great debate nationwide about the use of hands free versus hand held cell phone devices.

Some feel hands free would reduce the deadly crash rate associated with hand held cell phones. Others feel that even hands free requires a certain level of engagement to use and thus takes a driver’s attention away from the road. It’s fairly clear this particular debate has no resolution and that most people who text and talk aren’t about to stop.

In the meantime, those who are victims of texting/talking drivers will continue to discuss their options with a personal injury attorney whose business is obtaining justice and compensation from those very same drivers.

Which Form of Compensation Can I Qualify for After An Auto Accident?

Tuesday, February 9th, 2010

Millions of people figure into car accidents each year, resulting to personal injury and damage to property. Should the accident be minor, what most injured victims would do is simply to file police reports, contact their insurance company, but shoulder the losses themselves. But major accidents are a league of their own. If you sustained injuries under this category, you should be informed that you can be compensated not only for the damage to your car, but for other related damages as well.

If you suffered injuries from a car accident, you will most likely incur expenses that are connected to the accident such as medical treatment, rehabilitation, transportation expenses while the car is sent to repairs. It is common occurrence among auto accidents that victims’ expenses suddenly increase and you may lose potential earnings as a result of physical injuries. Moreover, you may find it difficult, if not impossible, to perform your daily activities, be it for a shorter or longer period. You may also experience pain and suffering on top of it all.

The good news is you can receive compensation for these types of injuries and expenses. On a general note, auto accident victims claim what is known as compensatory damages. Compensatory damages are intended to indemnify you as a way of ‘making you whole again,’ just like the way you were before figuring into an accident. This kind of damage comes in two types: economic and non-economic. The first is awarded to you for the expenses you incurred as a result of the accident while the second is granted as indemnification for any pain and suffering that the accident caused you. You can claim both if applicable.

Extreme accident cases also entitle you to punitive damages. These are available if the injury was on account of the driver’s recklessness or irresponsibility, or if the accident was caused by the car’s poor or defective condition which can be attributed to the manufacturer’s breach of warranty.

Compensation claims arising from auto accidents are beneficial but only if you know how to proceed. A good number of people do not opt for such claims either because they are not aware of it or granting that if they do, they do not want to get caught in a legal battle to get it.

But compensation claims arising from auto accidents are within your right and it would be a waste not to take advantage of that right. You are the victim—the one who has been inconvenienced by the onslaught of someone’s palpable mistake and you deserve to be indemnified of that inconvenience. Had the accident not happened, your life may have proceeded in the usual manner. And people who were responsible for this should own up to answer for their faults.

If you are concerned about the hassle of claiming for compensation, you need not worry further as it is easy. If you want to be spared from all the process this will bring, you can easily locate an experienced lawyer to handle this process for you. Go for the trusted lawyers who have established names as trustworthy and competent litigators who can help you get your claim in the most efficient and effective way possible.

Which Form of Compensation Can I Qualify for After An Auto Accident?

Monday, February 8th, 2010

Millions of people figure into car accidents each year, resulting to personal injury and damage to property. Should the accident be minor, what most injured victims would do is simply to file police reports, contact their insurance company, but shoulder the losses themselves. But major accidents are a league of their own. If you sustained injuries under this category, you should be informed that you can be compensated not only for the damage to your car, but for other related damages as well.

If you suffered injuries from a car accident, you will most likely incur expenses that are connected to the accident such as medical treatment, rehabilitation, transportation expenses while the car is sent to repairs. It is common occurrence among auto accidents that victims’ expenses suddenly increase and you may lose potential earnings as a result of physical injuries. Moreover, you may find it difficult, if not impossible, to perform your daily activities, be it for a shorter or longer period. You may also experience pain and suffering on top of it all.

The good news is you can receive compensation for these types of injuries and expenses. On a general note, auto accident victims claim what is known as compensatory damages. Compensatory damages are intended to indemnify you as a way of ‘making you whole again,’ just like the way you were before figuring into an accident. This kind of damage comes in two types: economic and non-economic. The first is awarded to you for the expenses you incurred as a result of the accident while the second is granted as indemnification for any pain and suffering that the accident caused you. You can claim both if applicable.

Extreme accident cases also entitle you to punitive damages. These are available if the injury was on account of the driver’s recklessness or irresponsibility, or if the accident was caused by the car’s poor or defective condition which can be attributed to the manufacturer’s breach of warranty.

Compensation claims arising from auto accidents are beneficial but only if you know how to proceed. A good number of people do not opt for such claims either because they are not aware of it or granting that if they do, they do not want to get caught in a legal battle to get it.

But compensation claims arising from auto accidents are within your right and it would be a waste not to take advantage of that right. You are the victim—the one who has been inconvenienced by the onslaught of someone’s palpable mistake and you deserve to be indemnified of that inconvenience. Had the accident not happened, your life may have proceeded in the usual manner. And people who were responsible for this should own up to answer for their faults.

If you are concerned about the hassle of claiming for compensation, you need not worry further as it is easy. If you want to be spared from all the process this will bring, you can easily locate an experienced lawyer to handle this process for you. Go for the trusted lawyers who have established names as trustworthy and competent litigators who can help you get your claim in the most efficient and effective way possible.