distracted driving | Blizzard Law PLLC

Posts

Lawsuit Demands Apple To Stop Texting While Driving On iPhone

January 30, 2017/in Personal Injury /by damg16

In 2008, Apple applied for a patent on newly developed technology that detects if iPhone users were driving and lock them out of their phones to prevent cell phone use while driving. Despite receiving approval for the lockout device patent in 2014, Apple has yet to implement this technology in any of its iPhones.

Now a California lawsuit blames the company for distracted driving car accidents. Julio Ceja was rear-ended by a driver who was texting while driving. Mr. Ceja is far from the only person who has experienced such an accident and he believes Apple has a responsibility to implement the lockout device. In a class action lawsuit, Mr. Ceja is claiming by not implementing the lockout device, the company is in violation California’s consumer protection laws.

However, this is not the only lawsuit of its kind. Apple is also facing a lawsuit by a Texas family involved in a car accident caused by a driver using Apple’s FaceTime video call app. Had Apple installed the lockout feature on its phones when it received patent approval, the crash could have been prevented and a five-year old girl’s life might very well have been saved.

It is not clear if or when Apple will implement its lockout technology, but regardless of a lockout feature, drivers should not use a cell phone while driving. There is no excuse for any type of distracted driving, and drivers who cause accidents because they were distracted can face serious consequences.

Distracted Driving In Texas

Because Texas does not have a statewide ban on using a cell phone while driving, Texas drivers are at a serious risk of injury on the roadways. A driver who is texting while driving is 23 times more likely to cause a car crash than drivers who are not distracted.

Texas Texting While Driving Laws

June 14, 2016/in Personal Injury /by damg16

It cannot be understated how dangerous distracted driving is for drivers, passengers, and other motorists. The Texas Department of Transportation reports that one in every five car crashes involves a distracted driver, and one of the most frequent distracted driving behaviors is texting while driving.

Why Is Texting While Driving So Dangerous?

Texting while driving involves a combination of three types of distraction: manual, visual, and cognitive. Texting involves drivers taking their hands off the wheel, eyes off the road, and their minds off the task of driving, which can have deadly consequences. According to a recent study, drivers are well aware of the dangers of using a cell phone while driving, but half of all drivers choose to use one while driving anyway.

The State Farm Insurance Company conducted a study of drivers, their driving behaviors, and beliefs about safe driving. According to the study, 82% of drivers admitted they believe talking on a cell phone while driving increases the likelihood of a crash, but 50% of drivers admitted to doing so anyway. An astonishing 95% of drivers believe texting while driving also increased the risk of a car accident, but 35% of drivers admit to texting and driving regardless.

Taking Unnecessary Risks

Drivers take risks like using a cell phone while driving because they wrongly believe they can do so safely. Using a cell phone while driving is a completely unnecessary risk and drivers know better. When a driver causes an accident because of cell phone use, they need to be held responsible.

Texas Passes Texting While Driving Ban

Because many drivers refuse to drive safely by putting their cell phones down while driving, legislators in Texas have passed a texting while driving ban that will make it illegal to “read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.”

Drivers who violate this new law can be fined between $25 and $99 for the first offense. The new law will go into place on September 1, 2017, and will help protect all motorists on the roadways from accidents caused by distracted driving.

Other Types of Distractions

While texting is a huge distraction, advancements in technology also means that drivers have new avenues for dangerous driving.

One of the fastest growing social media applications for teens and other young drivers, SnapChat, is being accused of causing car accidents.

What Is SnapChat?

SnapChat is a social media application that lets users share images and videos. What distinguishes SnapChat from other social media platforms is that the images and videos shared with friends and other users is only live for 24 hours before being deleted.

SnapChat Use While Driving

In 2014, SnapChat introduced a “speed filter” that tracks a user’s speed while taking a photo and overlays the speed on the photo. This filter builds on a popular trend of taking pictures or “selfies” and sharing them on social media. The application even incentivizes using filters like the “speed filter” by awarding users virtual trophies for using them. An alarming trend has emerged involving teens using SnapChat and its speed filter while driving.

While the SnapChat app includes a “Do Not Snap and Drive” warning message, many teens are ignoring the message entirely. The average person texting while driving takes their eyes off the road for five seconds, which is the equivalent of traveling the length of a football field at 55 mph. However, using SnapChat while driving not only encourages users to take their eyes off the road for even longer, but also encourages them to drive faster, greatly increasing the risk of serious injuries in the event of a collision.

A catastrophic car accident in September 2015 occurred because the driver was using SnapChat and its speed filter while driving. The driver crashed into the back end of another vehicle at 107 mph, causing the driver of the other car to sustain a traumatic brain injury. The victim has now filed a lawsuit against the driver, and SnapChat for promoting dangerous driving that caused the accident.

Infotainment Systems

Infotainment systems, or In-Vehicle Information Systems, give drivers the ability to use GPS, radio, smartphone Apps, and calling capabilities via an easy to use touchscreen.

However, these systems are causing worse distractions. According to a study from AAA, drivers that are programming an address into their GPS system were distracted for an average of 40 seconds. If a driver was traveling at 25 mph, this would be enough time to travel the length of approximately four football fields. The length of distraction did not decrease for drivers who were using voice commands to program the GPS.

The problem with infotainment systems in cars is that they require mental focus to operate. Not only are drivers taking their eyes off the road and hands off the wheel, they are also focusing on a task other than driving.

The Dangers of Distracted Driving

April 6, 2016/in Personal Injury /by damg16

You might drive on the roadways everyday, but are your eyes always on the road and are your hands always on the steering wheel? Simple things like adjusting the radio station or talking to passengers can distract drivers, even if only for few seconds. However, even a few seconds of distracted driving could have devastating consequences.

What is Distracted Driving?

Distracted driving occurs anytime a driver engages in an activity that could divert their attention away from the primary task of driving. Distracted driving can be broken down into three categories: visual, manual, and cognitive. Visual distractions happen when a driver takes their eyes off the road, manual distractions involve taking their hands off the steering wheel, and cognitive distractions occur when the driver takes their mind off of the task of driving.

Driving distractions can include:

•   Texting
•   Cell phone use
•   Eating or drinking
•   Talking to passengers
•   Grooming
•   Using a GPS
•   Adjusting the radio

Why Is Distracted Driving So Dangerous?

On average, drivers take their eyes off the road for five seconds while texting while driving. This might not seem like much, but considering your vehicle could travel the length of a football field in those five seconds at 55 miles per hour, this could cause catastrophic injuries. Other activities like putting on makeup or eating force a driver to take their eyes off of the road and hands off of the steering wheel for even longer.

How Widespread Is The Problem?

Anyone who has driven on Texas roads knows that distracted driving has become a serious problem. It’s hard to drive more than a mile or two without seeing at least one and quite possibly several drivers either talking away on a cell phone or with their heads jerking up and down as they switch between looking up at traffic and down at the device on which they’re typing a text message that apparently can’t wait until the next rest stop. As a result of this behavior, you’ve probably seen their vehicles swerving slightly. If you’re lucky, that’s all you saw.

If you have a sneaking suspicion that the problem of distracted driving is a common and dangerous one, your suspicions are borne out by statistics.

To show how widespread the problem is, according to a study conducted by the Centers for Disease Control and Prevention (CDC) in 2011, 69 percent of respondents between the ages of 18 and 64 admitted to researchers that they had talked on their phone at least once in the previous 30 days, while another 31 percent said they had either sent or read a text message during the same period.

Statistics also show that the danger is real. According to statistics from the Texas Department of Transportation (TxDOT), in 2014 Texas roadways saw 100,825 accidents involving a driver who was distracted, resulting in 3,214 serious injuries and 468 fatalities. In all, one out of every five Texas crashes involves a driver who was distracted.

When a driver is distracted, they may not see other drivers on the road, and they may not be able to react quickly enough when approaching a vehicle or hazard up ahead. They may also break basic driving rules and run a traffic light or stop sign or fail to yield right of way.

Drivers Know The Risks

A survey including 2,000 Americans found 92% believed distracted driving is a top cause of car accidents. This is hardly surprising considering the dangers of distracted driving are obvious, but what is surprising is how many people do it anyway. At any given daylight moment an estimated 660,000 Americans are using a cell phone or other mobile device while driving. This is particularly frightening considering taking your eyes off the road for just two seconds increases your likelihood of a car accident by 20%, according to the NHTSA.

Houston Texting And Driving Ban

Houston finally has a texting and driving ban in place, and drivers can be fined up to $200 for violations. Unfortunately, this ban only covers some types of cell phone use, and thus only some of the potential distractions. Hopefully, the ban will help encourage drivers to stop dangerous driving behavior, but the reality is many reckless drivers are putting other Houstonians at risk. Regardless of the texting and driving ban, all drivers are required to be in control of their vehicles at all times. Drivers who recklessly endanger the lives of other motorists can face serious consequences.