CELL PHONE USAGE BY OPERATOR CAUSES TWO MAJOR CATASTROPHIC INCIDENTS IN THE UNITED STATES IN SEPTEMBER 2008
PHILADELPHIA CATASTROPHIC INJURY LAWYER CALLS FOR MORE REGULATIONS AND OVERSIGHT BY GOVERNMENT AUTHORITY AS THESE INCIDENTS BECOME MORE PREVALENT WITH SEVERE CONSEQUENCES
Just over a week following the catastrophic commuter rail collision in Los Angeles that killed 25 people involving the operator/engineer text messaging another preventable accident occurred in Ocala, Florida when a truck driver rear-ended a school bus on Tuesday, September 23rd, killing a 13 year old and injuring other students while he was on his cell phone just before impact. Pennsylvania personal injury lawyer, Jeffrey Reiff, has been an advocate of limiting cell phone usage by vehicle operators for many years.
A Florida highway patrol report indicates that Reinaldo A. Gonzales, age 30, of Orlando, Florida told investigators that he had been on the phone just before the 1991 Freight Liner he was operating slammed into the stopped school bus. The police report indicated driver distraction, careless driving, and possible faulty brakes as contributing factors of the crash on U.S. 301 south of Citra, Florida. Surprisingly, Gonzales, the operator, was not charged and not in police custody. Investigators were also investigating other factors that may have contributed to the crash, including Gonzales’ driving log to learn how long he had been behind the wheel and the Department of Transportation records indicating that his rig had been sidelined for 12 ½ hours before the crash for faulty brakes. An early report of the crash also revealed that Gonzales’ truck was inspected at a weigh station on Interstate 95 and was taken out of service for brake problems. The Florida Department of Transportation rules require that when a truck is taken out of service, the problem must be fixed before the vehicle is allowed to continue. Also, it is noteworthy that on April 12, 2007 transportation officials sidelined the Gonzales truck for having a broken headlight and having three tires with minimal tread, according to DOT records. Failing to fix a safety problem after a truck is taken out of service can relate to a $2,500 fine and loss of the driver’s commercial driver’s license. Witnesses at the scene of this accident said there was no indication that Gonzales tried to stop before crashing into the bus. Gonzales, who was the owner/operator of the rig, told another truck driver that he did not see the school bus. Gonzales had a history of additional DOT safety infractions since getting his license to drive commercial tractor/trailers in 2005 but none were serious enough to sideline him. (video)
Turning your attention to the accident in Los Angeles involving the Chatsworth commuter train carrying 220 people, the investigation has revealed that the engineer was text messaging while barreling head on into a Union Pacific train, causing the nation’s deadliest rail disaster in 15 years, leaving the cars so mangled that some bodies had to be removed in pieces. The crash injured 138 people. In that case, NTSB investigators stated that the train failed to stop at a red traffic signal, which forced the train onto the track at 42 mph with a Union Pacific freight train traveling the opposite direction.
On April 7, 2008, and again on August 21, 2008, I wrote articles (blogs) expressing the view of an experienced Philadelphia personal injury attorney on the usage of cell phones while operating motor vehicles. We are currently involved in a case where the distracted driver of a vehicle in Pennsylvania was texting his girlfriend a message while his close friend and passenger sat innocently 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 in many jurisdictions. Any “plain fool” can recognize that a person with a cell phone/PDA in one hand and driving with the other hand will not have the complete attention paid to the road and hence, will not have their vehicle in complete control in when an emergency situation arises. The distracted driver is the major cause of accidents and rollovers resulting in fatalities and deaths. In the case at hand, the most innocent victims were on a school bus or innocent commuters commuting home after a hard day at work in California.
The experienced Philadelphia personal injury lawyers and SUV rollover lawyers at the Pennsylvania motor vehicle accident law firm of Reiff and Bily recognize the difficulty in a proper investigation in detecting the role of 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 cards, empty MP3 headphones, mounting brackets for MP3 players, cell phone or GPS devices and built-in devices such as Sat Nav and radio. We photograph the dashboards of the vehicles and interview many witnesses who have seen the driver use a cell phone or other device which could easily cause distraction. Many jurisdictions now intelligently recognize that cell phone usage is illegal while operating a motor vehicle. 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 exam cell phone bills which would disclose whether or not the driver was making a call at the time of the accident.
At the Philadelphia motor vehicle law firm of Reiff and Bily, we obtain billing records in our discovery process and often times send out preservation letters to potential defendants and other passengers in cars to make sure the information is being retained. We 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. We have determined that many state and municipal laws regarding the use of high tech devices including but not limited to cell phones while driving have lagged behind the advancing array of potential driving distractions and catastrophic injuries regarding the usage. Many people are just not that good at multi-tasking. This is why many of the wireless carriers have campaigns regarding the sensibility of talking on the phone while driving.
If you or a loved one has been involved or injured as a result of someone not paying attention to the rules of the road or is a victim of a car accident, truck accident, bus accident or other vehicle accident, you may want to schedule a free consultation with the Pennsylvania motor vehicle lawyers at the Philadelphia law firm of Reiff and Bily. The Pennsylvania personal injury lawyers at Reiff and Bily work on a contingent fee basis, charging a small percentage of the recovery. We will not get paid one cent unless there is a recovery. We have handled thousands of cases for almost 30 years with a very successful track record. Please feel free to contact us at 1-800-421-9595 or online at www.reiffandbily.com.
