The New York times is doing a series on the dangers of texting while driving. The story is about a young woman who was sentenced to prison for causing a wreck which killed another young woman. Here is the link:
http://nytimes.com/2009/11/02/technology/02texting.html?pagewanted=1&_r=1&src=tptw
Texas passed a law which went into effect September 1, 2009 which makes it illegal to use a wireless communication device in a school zone in Texas. There are some requirements:
There must be a sign at beginning of school zone informing drivers that using a wireless communications device is prohibited and the operator is subject to a fine.
When does the restriction apply? As the school zones are only in effect during specific hours, the same should apply to the cell phone ban.
Exceptions:
If you are stopped you can use your cell phone in a school zone or if you are using a hands free device.
You know the law, what do you think about it.
One question is does using hands free really make a difference in your attention to make it acceptable to use in a school zone?
Based upon simulator studies conducted at the University of Utah they determined there was no difference in the cognitive distraction between hand-held and hands-free devices. (National Safety Council) That being the case why should one be banned and the other allowed. Should both be banned? What is the harm in not using your cell phone while driving in a school zone?
Does it really make a difference if you are on a call while driving.
Two studies found that drivers who use cell phones are four times more likely to be in a crash while using a cell phone. (1997 New England Journal of Medicine examination of hospital records and 2005 Insurance Institute for Highway Safety study linking crashes to cell phone records).
The issue as I see it is that the risk of hitting a child in a school zone and potentially destroying their life as well as your own (could you really forgive yourself if you hit a kid while talking on a phone) is worth putting the phone away for a few minutes.
Let me know your comments.
Also as a follow up to the last blog about texting while driving, try the interactive test at the new york times site:
http://nytimes.com/interactive/2009/07/19/technology/20090719-driving-game.html
Next time cell phone messaging and texting – Drivers under 18
Texting while driving can lead not only to injury but death. The idea that it is no big deal, will just take a second, or I am not like all those other idiots and I can drive and check my messages is wrong. How many times have you seen someone driving while checking their text messages or actually sending a text. If you believe you can do it and still be safe watch these videos. The reality is that you can end up killing someone and destroying several lives including your own. Take the time and look at the video links below. One is a story about a young man who was texting while driving and the other is a public service campaign It may save you or someone you love from horrible consequences. http://ut.zerofatalities.com/#texting http://youtube.com/watch?v=K5NIE3osZEs
Tort Reform ads are once again appearing on the radio and news. The argument is that we need to limit damages to protect nursing homes and doctors and lower costs. Texas passed limitations on damages years ago and I have yet to see costs go down. The tort reform crowd argues that damages should be limited to prevent frivolous lawsuits. That is a just a lie. The only time the limitation applies is after a case has been tried and a jury has determined not only that there was negligence on the the part of the nursing home or doctor, that their actions harmed the plaintiff and the damages are in excess of $250,000.00. The effect of the tort reform is to allow those who have already been found to have harmed someone to only pay for a part of their harm. This is after the plaintiff has provided expert reports and had a judge rule that there was enough credible evidence to even get to trial. The truly frivolous lawsuits are thrown out at the first step when the judge determines there is no credible expert opinion to support the claims. Tort Reform is simply an excuse to escape taking responsibility for the actions which hurt others.
The debate over health care rages on. What exactly is being proposed, how will it work, who will implement and supervise it, how much will it cost? Has anyone been able to answer these basic questions? After spending over an hour on the phone trying to get an answer from Medicare on how much they are claiming from my client, and then spending the next several months trying to get it finalized, I am concerned about any additional government run health care. If you have an injury claim and have any health insurance (group, medicare, medicaid, etc.) you may have to pay them back any money they paid on your medical care. The terms you may hear are subrogation or lien. What it generally means is they get their money back from any recovery you get from the party that injured you. What this means to you is that you should not base your settlement on your co-pays or out of pocket only. Submit the entire amount of your medical expenses to the insurance company, not just the co-pays. That way when your health insurance asks for their money back you will be ok.