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Health & Fitness

no txt'g while drv'g!

Using a cell phone while driving a vehicle has gained the attention of federal and state legislators, federal agencies and the courts. The National Highway Traffic Safety Administration’s data states that more than three thousand people were killed in 2010 as a result of distracted driving accidents. This means that one in ten automobile fatalities with an additional half-million injured is the result of texting, cell phone use and use of other electronic devices.

With cell phone communications on the rise, text messaging while driving has raised the most concerns. Studies show texting to be one of the most dangerous forms of driver distraction. Texting while driving has the longest “eyes off the road” period with over four seconds. because The frequency of texting and driver distraction has increased as more drivers acquire and use the new communication and social media technology.

In Massachusetts, a law went into effect on September 30, 2010, prohibiting the use the use of a  mobile telephone, or any handheld device capable of accessing the Internet, to manually compose, send or read an electronic message while operating a motor vehicle. There are currently thirty-nine states and the District of Columbia ban text messaging for all drivers. Some states, such as Connecticut, ban the use of cell phones while driving. Many of these laws have been enacted since 2010. 

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As additional states continue to pass laws, there has been an increase in the number of criminal prosecutions for accidents caused during the use of cell phones and other cellular equipment. It must be remembered that a guilty plea in a criminal case has a significant impact on the eventual civil case filed by the victim. Prosecutors in criminal cases must meet a greater burden of proof than a lawyer in a civil case. A driver's guilty plea or conviction in a criminal case becomes admissible in a civil case.

Once a driver is convicted of distracted driving, the defense for any civil case is negatively impacted since there is no question as to the responsibility for the accident and the exposure to a civil verdict is increased.

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A tougher stance on the violation of any distracted driver regulation may provide motivation to prevent the practice and allow for safer travel on the highways. Please, don’t text and drive. Shut the phone off and watch the road ahead. Be safe

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