Articles Tagged with distracted driving

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Huntsville Car Accident Lawyers (Blackwell Law Firm)It’s Christmas season! This weekend, my teenage daughter and I went Christmas shopping. That’s an experience on so many levels. For one, she wanted to drive. She has a Learners’ Permit and is eager to use it. But, the weekend before Christmas is not the best time for a new driver in Huntsville. So, I drove. To curb her disappointment, I promised to take her driving after Christmas when traffic returns to normal.

I’ve written previously about holiday traffic. In a prior post, I asked and answered the question:  Do Car Accidents Increase During The Holiday Season?   A study by the University of Alabama reveals they do. Why? Christmas season brings a special mix of several traffic dangers all at the same time:

  1. Increased Traffic.
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Alabama Car Accident LawyersThe Alabama Legislature has been debating bills that would prohibit the use of handheld devices like cellphones while driving. Last year, Georgia passed a similar hands-free law. Is hands-free safer? Will a hands-free law reduce needless car accidents and injuries in Alabama?

A National Safety Council public opinion poll indicates 80% of drivers believe hands-free devices are safer. Yet, safety experts remain doubtful. The Senior Director of the Transportation Initiative at the National Safety Council had this to say on the topic:

While many drivers honestly believe they are making the safe choice by using a hands-free device, it’s just not true.

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Cellphone DistractionDistracted driving is a frequent topic on my blog. This month is National Distracted Driving Awareness Month. So, it’s a perfect time to discuss proposals currently pending in the Alabama Legislature to prevent drivers from holding their cellphone while driving.

Last year, Georgia enacted a hands-free law for drivers. Will Alabama pass similar legislation? As I write this post, I checked the Alabama Legislature information website concerning pending bills. The website lists two hands-free bills currently making their way through the legislative process. I read both bills and they are almost identical. These two pending bills are: HB6 and HB404. You can access the legislative information website HERE.

I’ll focus here on HB6 which was introduced by Representative Allen Farley. If passed, it will be known as Cici’s Law. Local channel WHNT posted an article telling Cici’s story. Cici was 17 and just months shy of graduating from high school. On February 28, 2018, she was driving home from work down Interstate 65. She had a bright future and a loving family. While driving home, she was recording a message on her phone — a Happy Birthday message to a friend. She briefly looked down. When she looked back up, it was too late. She was not speeding. Still, she had no time to stop and went underneath an 18 wheeler stopped in front of her.

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Distracted driving is a frequent topic on my blog. In the last few years, I’ve written numerous articles on the issue. In some articles, I’ve discussed the basic types of distracted driving and how we can work together to reduce this highway danger in Alabama. In other articles, I’ve written more specifically about distracted driving as it relates to commercial drivers or teenage drivers. At the Blackwell Law Firm, we will continue to discuss this important safety topic in future posts.

Because it is National Distracted Driving Awareness Month, we have created a short slideshow on the issue. We hope you find it educational. Like many of our articles, we discuss several ways to combat this problem. As with any post, we welcome constructive commentary!

https://www.slideshare.net/JeffBlackwell16/distracted-driving-awareness-month-139875671

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Blackwell Law Firm - Helping Injured People Across AlabamaI watched as the other driver sped through a red light in downtown Huntsville. He ran the light without causing a crash. Others are not so fortunate. Running a red light is one of the most reckless and risky acts of driving. Are more drivers running red lights? Research indicates they are. From 2012 – 2016 (the latest data), deaths in red light running crashes increased annually. Overall, red light deaths increased 17% during this time. In 2016, over 800 people died in the United States from crashes caused by drivers running a red light.

If more drivers are running red lights, the question is why. Why are more drivers running red lights? What can be done to reduce this danger? Traffic researchers believe several factors contribute to the growing problem. These factors include:

I.      DISTRACTED DRIVERS

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In 2016, I wrote a post titled Distracted Driving: Parents Must Lead By Example. In my prior post, I noted that 95% of the parents who admitted to distracted driving also admitted they did so in front of their children. If we expect our children to drive safely, we must lead by example! That means practicing what we preach about distracted driving.

I frequently write about distracted driving on this blog. Why? I write about the topic because it is a key factor in so many serious car crashes we investigate at our law firm. The cell phone is the primary device distracting drivers. Yet, it is not the only form of distraction. We have seen many others.

Education and technology. Many of our articles discuss these two issues which can reduce deadly distracted driving. Yet, education will fall short if parents do not show safe and healthy behavior.

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Blackwell Law Firm - Huntsville Car Accident LawyersYou are driving down the road. It’s a beautiful day. Bam! Suddenly, another car crashes into you. Another driver ran a stop sign and caused the crash.

Clearly, you have a negligence claim against the other driver. He failed to follow the Rules of the Road. He ran a stop sign. Then, you learn more. You learn this other driver also uses illegal drugs. Illegal drug use. That’s powerful evidence. It’s powerful evidence if the judge allows it’s use at trial! That brings us to the key question:  Is the other driver’s drug use admissible at trial? Can you use this evidence to help your case?

The answer is, maybe. I know, that’s not the concrete answer you wanted. Evidentiary questions rarely have absolute answers. That’s why a good lawyer with real trial experience is so important to your case. You need an experienced trial lawyer who understands the evidence rules and how to apply them. You certainly will NOT get such a lawyer from the billboards and television advertisements showing smiling attorneys begging for cases.

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Huntsville Personal Injury Attorneys - Blackwell Law FirmTexting while driving puts all of us at risk. How can we expect our children to be safe drivers if we do not lead by example? We must lead by example. Because of that, I’ve written several posts discussing distracted driving among both parents and professional drivers. You can read a few of those posts here:

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Blackwell Law Firm - Huntsville Personal Injury LawyersLook at the drivers around you. Do you see many of them staring at their phones instead of the road? I do. I also talk daily with clients who suffered serious personal injuries in car crashes caused by these distracted drivers.

Distracted driving is a frequent topic for us. We have long-advocated an approach to the problem that involves safety laws, education and technology. All three approaches are needed. Safety laws help but they do not solve the problem by themselves. That’s our opinion.

A new study by a California company, Zendrive, supports our belief that safety laws alone cannot solve the problem of distracted driving. You can read about the recent Zendrive study at the website for the Claims Journal an insurance industry periodical. You can also read about the study in a recent Bloomberg article. Each separate article provides interesting insights into the study. According to reports, Zendrive monitored several million drivers. Before I discuss some of the actual results, the Claims Journal article notes Zendrive “is likely discounting the danger” since it only records phone use when the device is actually moving around inside a car. In other words, if your phone is mounted to the dash, your use may not have been recorded. What are a couple of the interesting facts reported by the Claims Journal and Bloomberg articles? Here are a couple:

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Blackwell Law FirmDistracted driving is a huge problem on Alabama highways — much worse than reported. In a prior post, I discussed a study that analyzed distractions due solely to cell phones. That study, limited just to cell phone distraction, revealed distracted driving causes far more crashes than reported by government data. Of course, cell phones are not the only distraction causing crashes on our highways. Drivers face numerous other distractions. We discuss these distractions on our law firm website and in many of our blog posts.

How can we reduce distracted driving injuries? Outside the courtroom, our firm is committed to advocating for highway safety. Safety advocates have largely focused on three areas to combat distracted driving — education, law enforcement and technology.  When it comes to technology, you would expect car manufacturers to lead the charge for safety. Do they? Not always. General Motors (GM) is actually introducing an App called Marketplace that creates more risks of distracted driving crashes. A number of safety advocates share my concern with GM’s actions.

What is GM doing? GM has created a touchscreen App that will be included in new car models and will allow drivers to shop while driving. Here is what USA Today reported about the new touchscreen App:

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