CELL PHONE USE CAUSES WRECKS
The study by U.S. Department of Transportation/National Highway Safety Administration reveals that that drivers using a cell phone are 4 times more likely to be involved in a wreck than a driver who is not using a cell phone. The report , released in April 2008, addresses all types of in-vehicle driver distractions and it shows that technology will continue to be a major factor in vehicle crashes for many years to come.
Since it is very common for cell phone usage to be a factor in car wrecks, the injury victim's lawyer should move to subpoena the at-fault driver's cell phone records for the day of the wreck soon after suit is filed. Depending on the roadway (busy highway or lonely country road), cell phone usage may rise to the level of "gross negligence" thereby opening the door to the possibility of recovering punitive damages.
The Texas Department of Transportation is well-aware of the dangers involved with driver cell phone usage. The TXDOT web site warns that 25% of all wrecks involve driver distraction, including cell phone usage. The TXDOT site also points out that, unlike many other states, Texas has no law prohibiting or restricting cell phone usage by drivers.
Use of hand-help phones by drivers is illegal in most European Union countries, Japan, all Australian states, and two Canadian provinces. In the United States, however, only California, Connecticut, New Jersey, New York and the District of Columbia have acted to ban hand-held cell phone usage by drivers. Twelve states ban all cell phone use by drivers under the age of 18. A few municipalities have enacted ordinances prohibitions. Some states do not allow counties or municipalities to enact such restrictions. The National Conference of State Legislatures monitors driver distraction legislation in all the states. For more specific information about a particular state, you can search their database.
Overwhelming evidence shows irresponsible use of hand-held cell phones by drivers is a serious danger to Texans. A recent incident near Austin involved a 3 year-old boy who was almost killed by a driver who was texting on a cell phone. It's time for Texas to join the hand full of other states in leading the way with legislation banning hand-held cell phone usage. The Texas legislature should pass such a bill in the 2009 legislative session. I urge you to contact your state representative and state senator about this important issue. Find all of your elected officials here.
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