USAGE OF CELL PHONE WHILE DRIVING TAKES ANOTHER TEEN’S LIFE
Another young individual was killed while sending a text message moments before an auto crash.
On Sunday, August 17, 2008, Fox News reported that in Highland, California, a 16 year old girl died after losing control of her car while texting on her phone moments before the accident. The report not only indicated that Kayla Preuss of Highland, California, was driving on Interstate 10 when she lost control of her car, it also noted that she was drunk and had been speeding.
On April 7, 2008, I noted on my blog a case where the distracted driver of another vehicle in Pennsylvania was texting his girlfriend a message while his close friend and passenger innocently sat in the backseat of the vehicle. That vehicle driver lost control of the SUV he was in, causing it to rollover and causing the innocent passengers to be ejected out of the vehicle resulting in permanent and catastrophic injuries that could have easily been prevented. I am consistently amazed at how many people are driving while having a conversation on a cell phone or text messaging, even though it is against the law. Any “plain fool” can recognize that a person with a cell phone or PDA in one hand and driving with the other hand, will not have their complete attention paid to the road and hence, will not have their vehicle in complete control if an emergency situation arises. The distracted driver is a major cause of car accidents and rollovers.
The experienced Philadelphia personal injury lawyers at the Pennsylvania motor vehicle accident law firm of Reiff and Bily have over 30 years experience handling of motor vehicle rollover and catastrophic loss cases.
In the California case of Kayla Preuss, her mother Kelley said that she hopes the accident will make other people think before texting and driving. This past Saturday evening, while driving down a busy street loaded with entertainment venues, I commented to my wife that I could not believe how many people were driving with a phone in their hand and eyes apparently off the road. As a father of teenage and young adult drivers, I all too often hear stories and have been acquainted first hand with many cases where younger drivers, and sometimes even the older drivers, were text messaging their girlfriend or boyfriend and taking their eyes off the road for a few seconds, causing a catastrophic accident or SUV rollover, which was easily preventable. We all understand the undeniable appeal of electronic devices to the youthful driver, the over-competitive businessman or the professional “on the go” combined with that driver’s sense of invulnerability.
The experienced Philadelphia personal injury lawyers at the Pennsylvania motor vehicle accident law firm of recognize the difficulty in a proper investigation in detecting the role of with electronic devices in rollover and motor vehicle accidents. Our experienced investigators and attorneys look for and photograph telltale clues of possible distractions, including but not limited to the presence of charger cords, MP3 headphones, mounting brackets for MP3 players, cell phones or GPS devices and built in devices such as satellite navigation and radios. We photograph the dashboards of our vehicles and interview many witnesses who may have seen a driver using a cell phone or other device which could easily cause distraction. Many jurisdictions now intelligently recognize that a cell phone is illegal to use while operating a motor vehicle. Although many police investigations typically look for cell phone usage, they do not look at the usage of blackberries or other electronic transmission devices. It is important to examine cell phone bills which will disclose whether or not a vehicle driver was making a call at the time of the accident.
At the Philadelphia motor vehicle accident law firm of Reiff and Bily, we obtain billing records in our discovery process and often times will send preservation letters to potential defendants and other passengers in the car to make sure this important information is retained. We also will ask for employment records which may reveal which device was being used. The experienced trial lawyers at Reiff and Bily use smart discovery tactics to obtain much of this evidence. The experienced trial lawyers at Reiff and Bily have determined that many state and municipal laws regarding use of high tech devices while driving have lagged behind the advancing array of potential driving distractions and catastrophic injuries resulting from their usage. Many people are just not that good at multi-tasking. This is why many of the wireless carries have campaigns regarding the sensibility of talking on the phone while driving.
Wireless companies note that behind the wheel, safe and responsible driving is always the first priority. They also note that you should not dial or look up telephone numbers while driving but to preprogram important numbers or frequently called numbers and use the voice activated and speed dial features on the phone. To not take notes, send email or send or receive text messages and/or pictures while driving. Using the wireless phone while driving may increase your distraction, whether or not you use a hands free device. To eliminate this risk, you should always consider turning your phone off, allowing calls to go to voicemail while driving. Wireless companies further note the risk of using a wireless phone while driving may be increasingly hazardous in traffic and weather conditions. While driving in these conditions, always consider turning your phone off, allowing your calls to go to voicemail. For curiosity sake, you may want to look at your provider’s website and look at the standard of care they advise.
If you or your loved one has been injured as a result of somebody not paying attention to the rules of the road or is a victim of a car accident, truck accident or other vehicular accident, you may want to schedule a free consultation with the Pennsylvania motor vehicle accident lawyers at the law firm of Reiff and Bily. The Philadelphia personal injury lawyers at Reiff and Bily Reiff and Bily work on a contingent fee basis, charging a small amount of the recovery. They will not get paid one cent unless there is a recovery. They have handled thousands of cases for approximately 30 years with a very successful track record.
