November 18, 2019. We all know that texting and driving is a risky and dangerous behavior. However, many Canadians will admit to checking their phone at a red light or even texting while driving. At the same time, many drivers say texting is one of their biggest safety concerns while driving. So why do we do it? Is there a practical solution that will help us stop? Show
Texting is a common and extremely dangerous driving distractionDistracted driving causes more collisions than impaired driving and caused 27% of fatal crashes in BC in 2016. Drivers who are texting are eight times more likely to be in an accident and 33% of Canadians say they have texted at a red light. Why is it so tempting?We lead busy, connected lives, feel pressure to respond to text messages right away, over-estimate our ability to multitask, and may even feel “addicted” to texting. Parallels have been drawn between the way casinos capitalize on human psychology and the way smartphones interact with their users. Use Bluetooth InsteadIt’s unrealistic to expect drivers to never use a phone in the car. The good news is, you may already have the solution and only need to invest a few minutes of your time. Bluetooth is an easy solution for newer model vehicles and most cell phones support it. You will need:
Step by step instructions for enabling Bluetooth in your car:
This process is very similar for most vehicles and cell phones and shouldn’t be too complicated to figure out. Being safer on the road is well worth the time you put into figuring out your car’s Bluetooth setup.
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When a driver cannot devote his or her full attention to controlling the car, the result is a safety threat and an increase in the risks of crashing. However, texting while driving is among the most worrisome type of distraction because sending or reading a message takes the eyes off the road for an average of five seconds. The Three Types of Distracted Driving According to the CDC
Traveling at a speed of 55 miles per hour, that’s the equivalent of driving the length of a football field while blindfolded, according to the National Highway Traffic Safety Administration (NHTSA). Finally, this article will focus on the victims of texting and driving accidents in California. Despite the legal implications and severe consequences, too many motorists still engage in messaging while operating a vehicle. They cause an alarming number of accidents every year, resulting in injuries and fatalities. Victims and their families do have options to recover compensation for these casualties, so it’s important to understand your rights if you’ve suffered losses. Understanding Why Texting and Driving is so DangerousA driver is forced to perform a number of primary, necessary tasks to safely operate motor vehicles; secondary, unnecessary activities interfere considerably with the fundamental tasks. Texting presents a major distraction to the operator’s ability to perform the critical tasks required to drive safely. Texting as an Internal DistractionDistractions outside the car, such as an accident, animal, pedestrian, bicyclist, emergency vehicle, are external in nature. Texting while driving is internal because it takes place within the confines of the vehicle. Distractions can be further broken down into three main categories:
Texting always involves #1 and #2 above, and at times may include all three of these distractions, which is what makes it extremely dangerous. A Summary of Texting and Driving Laws in CaliforniaThe law in California bans different activities related to phone use and applies to different age groups. State Law Applicable to All DriversState law recently underwent an overhaul in the area of using wireless electronics while operating a motor vehicle, having been enacted in September 2016 with an effective date of January 1, 2017. Section 23123.5 of the Vehicle Code now provides:
A violation of the provisions may result in a $20 fine for the first offense, and $50 for subsequent incidents. However, the costs for an offender may be much higher after accounting for court costs and attorneys’ fees. The law does not apply points to a person’s driving record in the same way as other moving violations. The new law is intended to close up a loophole that existed under prior law, wherein drivers were only prohibited from talking and texting on their phones; other activities, including posting on social media, scrolling through music playlists, taking photos or video, and using map functions were not banned until this latest amendment to the Vehicle Code. It’s important to note that the law doesn’t apply to smartphone-like systems that are installed by the manufacturer of the vehicle; it only applies to electronic wireless communications devices, including cell phones, smartphones, mobile radio devices (i.e., “walkie talkies”), tablets, computers, pagers, or two-way messaging products. Laws Applicable to Younger DriversA different section of the Vehicle Code relates to drivers under the age of 18 years old: Section 23124. Drivers 17 and younger are prohibited from using any wireless telephone or electronic wireless communications device, regardless of whether it can be operated in hands-free mode. Enforcement of Texting While Driving LawsThere are two methods by which a driver may be cited for texting and driving:
In other words, a person under 18 cannot be cited only for a violation of Section 23124, because there would need to be an underlying driving violation. On the other hand, if officers see a motorist violating Section 23123.5 and pull that person over for it – and then find out he or she is under 18 – there would be two citations involved. Texting and Driving Statistics in the US and CaliforniaNationwide statistics bear out how risky texting while can be, as well as how dangerous it actually is in accidents:
In addition, there are some specific statistics that demonstrate the risks and hazards of texting while driving in California:
Teens and Texting While DrivingGetting a driver’s license is among the most anticipated milestones in a teenager’s life, and many parents even look forward to the moment when their children can help with errands. However, the riskiest time period for a teen driver is within the first few months after obtaining their license. The biggest factors for teen drivers include lack of experience, risk taking, and impaired driving. However, driving while distracted by texting is at the top of the list. The age-specific statistics, both nationwide and in California, show the alarming incidence of teens who text while driving.
Resources for Parents of Teen DriversWhile the numbers on teens texting and driving are staggering, there are ways parents can improve safety behind the wheel. Parents are their children’s role models, so start them off on the right foot by demonstrating compliance with all traffic laws. Wear your seatbelt, stick to the speed limit, and – most importantly – don’t engage in texting while driving. Be the motorist you want your young driver to be by eliminating distractions. It’s also smart to consider a Parent-Teen Driving Agreement, as recommended by the American Academy of Pediatrics, that lays out your expectations for your child’s use of the car. A written contract allows you to outline rules and penalties before an accident occurs – and before emotions can cause accusations to fly. Additional resources for parents include:
California Initiatives & Organizations to Prevent Texting and DrivingOne of the most active organizations fighting against teen texting and driving is Impact Teen Drivers, a California non-profit entity committed to educating your drivers about the risks and implications of distracted driving. The organization has an active social media presence and has reached over two million fans since its inception in 2007. Other organizations dedicated to texting and driving initiatives include:
Why You Should Not Text While DrivingAt the end of the day you shouldn’t text and drive due to safety. According to a recent study, a person is 23 times more likely to get in a car accident if they are texting while driving. How Do Police Know If you’re Texting?Police know if you’re texting and driving a variety of ways. The first and most obvious is if they see you texting while driving. Other times the way you’re driving such as drifting lanes or getting in an accident may cause them to seek phone record evidence that could prove you were texting and driving at the time. ConclusionStronger enforcement by police, an increase in public awareness, and emphasis on personal accountability will have a positive impact on texting and driving. However, these initiatives do little after the fact when a victim suffers injuries in an accident that results from another motorist’s distracted driving. Injuries and death still occur at an alarming frequency, despite efforts at the national, State of California, and local levels. Apologies and regret don’t cover the astronomical medical costs of treatment or lost wages for a victim. Remorse won’t bring back a loved one who was killed due to the negligent texting of another driver. If you’ve suffered losses, it’s not a sufficient remedy to see the responsible driver get a ticket. As a victim, you may be entitled to financial compensation for the damages you sustain. However, the key to your success in recovering a monetary reward is hiring a car accident attorney with experience in California texting and driving cases. You need a lawyer that will fight for your rights against aggressive insurance companies and will protect your interests in court. For more information on texting and driving accidents in California, please contact GJEL Accident Attorneys. We’re happy to schedule a consultation at our Orinda office or at any one of our many regional locations.
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