Atlanta Personal Injury Lawyers Blog

Our office is situated at the intersection of I-75 and I-285 in Atlanta, which provides a snapshot of some of the worst traffic patterns in America. Distracted drivers make traffic patterns worse and the roads more dangerous. According to the National Highway Traffic and Safety Administration (NHTSA) 20% of injury crashes in 2009 involved reports of distracted driving. Cell phones are the distraction of choice, as drivers often overlook the duties and obligations they owe to fellow drivers. Georgia allows "proper use" of cell phones while driving and the Georgia Legislature recently passed The Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving, making it illegal to use "a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data."

The Georgia Court of Appeals got involved in this issue last month when it did not award punitive damages (intended to punish the wrongdoer) to a couple suing over an accident caused by a driver on his cell phone. The driver at fault owns and operates a glass installation company, a job that requires him to be in his truck for eight to ten hours a day, prompting him to install a desk within his "mobile office." The distracted driver was looking up a number on his cell phone when his "mobile office" struck another vehicle causing $50,000 in damages, not including future surgeries planned for one of the victims.

As explained by the Court of Appeals, Georgia law allows punitive damages in an auto wreck case "when the accident results from a pattern or policy of dangerous driving, such as excessive speeding or driving while intoxicated, but not when a driver simply violates a rule of the road." Driving while intoxicated is a awful crime but studies have shown that using a cell phone while driving delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.

The maximum penalty for texting while driving is $150, not much of a deterrent considering the unlikelihood of getting caught. The Supreme Court of Georgia will have a final say on the issue of awarding punitive damages if the case mentioned above comes up on appeal.

The issue of deterring drivers from using their cell phones is getting more and more important as smart phones are only getting smarter. Drivers can now control their music, update their Facebook status, shop online, check scores to any game and play scrabble with friends around the world thanks to iPhone, Android and Blackberry software. The Georgia Supreme Court has an opportunity to send a clear message to drivers statewide by awarding punitive damages if they decide to review the case. Cell phones are a great way to stay connected to whatever an individual finds important, but most communications can wait until a driver reaches their destination. Negligent use of a cell phone should never be as important as protecting fellow drivers and pedestrians.

Continue reading "Georgia Court Awards No Punitive Damages for Accident Involving Cell Phone Use." »

Is there an easy cure for distracted driving, particularly texting, emailing and talking on a cell phones while driving? Cars have so many safety devices in place already that remind drivers to fasten their seatbelts, make sure all doors are closed, and let you know if the engine is too hot - it can't be too far-fetched to think someone will come up with a way to curb the use of cell phones while driving. Georgia has joined the many other states which ban or limit cell phone use with the recent passage of a law forbidding texting while driving.

Because it is so difficult to enforce the texting ban - after all, unless a police officer pulls up next to you while you are texting it will be pretty difficult to ticket for this offense - I believe consumers will come to rely on other devices to limit the use of cell phones while driving. For example, technology may be developed and built into a car that will limit the use of a phone except in emergencies.

Research has shown that talking on a cell phone is distracting to drivers whether they are using a hands-free device or holding the phone. The U.S. Department of Transportation's Research and Innovative Technology Administration is trying to find ways to reduce mobile device distractions - the problem is creating a technology that provides safety without causing an additional distraction for the driver. In others words, it is all about getting drivers to just drive.

Georgia recently banned texting, a one form of distracted driving which has been responsible for many car accidents. The Senate and House also sent a bill to the Governor banning any use of cell phones while driving by 16-17 year old drivers. Distracted driving is a problem and the U.S. Department of Transportation has an entire website devoted to it.

Admittedly, these laws are important, but Georgia already had a law on the books that made it illegal to use a mobile device improperly while driving. Police officers frequently used this law when investigating accidents and cited drivers who were distracted by their cell phones and caused a car accident. The improper use of a mobile device and the new laws will carry a one point penalty in addition to fines.

The Georgia legislature is in session only 40 days a year and with all the other pressing concerns related to economic recovery in Georgia; it might have spent its time on issues that were not already addressed in the code. As you can imagine, several legislators took the opportunity to gain positive political press on the issue.

Having passed the House and now returned from the Senate, the proposed texting law which would amend OCGA 40-6-241 making the use of a mobile telephone for writing, sending or reading a text-based message a traffic offense punishable by a fine of up to $150.00 is in its final phase before the House. The bill also includes provisions for teen drivers under the age of 18 allowing for suspension of their driving privileges and fines for texting while driving.

Because distracted driving has increased the number of traffic accidents causing injury and death, many states have already enacted bans on texting while driving. Read more about texting and distracted driving in my previous post.

With all the attention on cell phone use while driving, I decided to look at studies related to other types of driver distraction. The Virginia Tech Traffic Institute has completed several studies of the effect of inattentiveness on car accidents or near accidents. Interestingly, driving while drowsy increases the risk of a crash by four to six times. One of the reasons for limited driving hours for truck drivers is the impact of fatigue and drowsiness on the ability of the driver to react appropriately while driving. Because Atlanta is a hub for the south, we have more through-drivers on our local highways than many other areas. As a result, we have a higher car accident rate than rural areas.

Drowsiness is a factor in 22-24% of accidents and near accidents. Because of this, it is important for drivers to take breaks and rest on long trips. The best option is to alternate drivers. Having just completed an eight hour trip to Florida as the only driver, I can attest to the road weariness that comes from highway travel.

Other factors of inattentiveness that carry a high risk of causing a car accident are reaching for something, typing in a location on a GPS, and rubber-necking at other accidents. On this upcoming holiday weekend, be careful out there.

With all the discussion in the metro Atlanta news about texting while driving as a cause of car accidents, maybe it's time to step back and review exactly what distracted driving is. There are three types of distractions which make up distracted driving as defined by the U.S. Department of Transportation: 1) taking your eyes off the road; 2) taking your hands off the wheel; and 3) taking your mind off driving. In other words, any activity that requires a driver to remove his attention from driving will increase his risk of a car accident. According to the Virginia Tech Traffic Institute study for the National Highway Safety Administration 80% of all car wrecks are directly related to distracted driving.

While all the news has been on texting, other activities that interrupt a driver include dialing a cell phone, talking on a cell phone or with a passenger, reading or replying to email, eating and drinking, trying to read maps or navigation systems, changing the radio station or music selection on an i-pod, drowsiness and reaching to the floor to find something that has been dropped.

Just this week on the way to work, I passed a gentleman who was reading the newspaper on Georgia 400 heading into Atlanta! Maybe he has no concerns about causing an accident, but I don't want to be the car next to him when he veers over into another lane.

What can be done to educate drivers about the impact of a few seconds of distraction? The DOT has launched a website specifically to educate, publicize and gather information related to distracted driving. Valid suggestions to curb distractions while driving include setting the cell phone on mute so you won't be tempted to answer or see who is calling, driving defensively and being aware of drivers who appear to be talking or texting, and remembering it isn't just your life when you remove your focus from driving, it may be someone else's life you interrupt.

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Guage Your Own Distraction