Texting while driving is the new DUI. What does that mean? It means texting while driving is rapidly becoming one of the deadliest killers on the road. The problem is so serious, that the U.S. Department of Transportation just wrapped up the first ever Distracted Driving Summit complete with over 300 safety experts, researchers, elected officials and members of the public to try and figure out what to do about texting while driving and other forms of distracted driving.
Distracted driving comes in a number of forms including using a cellphone or music players (iPods) while driving. However, the granddaddy of them all is texting while driving. The risks associated with texting while driving are 15 times greater then someone talking on a cellphone while driving.
So just how serious is the texting while driving problem? Well, according to research from the National Highway Traffic Safety Administration (NHTSA), nearly 6,000 people died in distracted driving related vehicle crashes in 2008. That amounts to one-sixth of the 37,000 vehicle reported deaths last year.
Ray LaHood, the U.S. Transportation Secretary, referred to the Distracted Driving Summit as “the most important meeting in the history of the Department of Transportation." As a matter of fact, on Wednesday night, President Obama signed an executive order on banning texting while driving for all federal employees. The executive order covers all federal employees using both government provided cars and cellphones and personal cars and cellphones to conduct government business.
In a separate ban, the federal government plans on banning texting while driving for all bus drivers and truckers traveling across state lines and may even ban the entire use of cellphones while driving except in the case of emergencies.
John Lee, a professor in industrial and systems engineering at University of Wisconsin in Madison, call texting while driving a "perfect storm that brings together visual, manual and cognitive demands." And, unlike DUI or drunk driving which leaves a trail of alcohol evidence, texting while driving leaves no such evidence.
Police officers at crash scenes must often rely on the word of the driver as to what they were doing prior to or at the time of the accident. Many drivers, do not want to admit that they were texting while driving, and for good reason, as drivers are now being prosecuted for texting while driving related deaths.
In Orange County, California, for example, two men are set to be tried in separate texting while driving fatality cases. Just this week, Martin Burt Kuehl, 41, was ordered to stand trial on gross vehicular manslaughter charges for allegedly hitting and killing a nanny walking to work as he was texting while driving. Prosecutors allege that Martin Kuehl was sending and receiving text messages for some 30 minutes before hitting and killing nanny Martha Ovalle, 32, as she stepped into a crosswalk on her way to work.
In a separate case, Jeffrey Woods, 21, is set to be tried October 5, for allegedly texting while driving when he hit and killed 14-year-old Danny Oates who was riding his bicycle at the time.
So what is the answer to the growing texting while driving problem? More laws, restrictions and/or bans? LaHood said at the Distracted Driving Summit that if it were up to him, he would make every text message sent while driving a separate crime. One would think the threat of jail or, worse, prison, would be an effective deterrent to texting while driving. I wouldn't hold my breath.
At the end of the day, it comes down to personal responsibility. I know that's not encouraging. People often suffer from the "It can't happen to me" syndrome. What could possibly go wrong by texting a simple "OMG" of "LOL"? The reality is everything can go wrong ...in a heartbeat. For the most part, we are all guilty of texting while driving at some point. And when we do it, we are putting ourselves above all others. Just put down the phone, pull over and stop the car. When your cellmate asks you what your in for, the answer should never be texting while driving. Talk about embarrassing.
Written by Gabriel Dorman
Los Angeles, California
gabedorman@gmail.com
www.criminaldefenseduilawyer.com/blog/
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