Sunday, January 31, 2016

Dangers of driving and talking on cell phones without a hands free device

Dangers of driving and talking on cell phones without a hands free device

Are laws that require drivers to use a Hands Free device for talking on a cell phone making a difference? The state of California and 4 other states thinks so. Effective today, July 1, 2008 if you are driving in the state of California, and want to talk on a wireless phone, you must use a handheld wireless telephone, (according to Vehicle Code (VC) §23123). It is interesting to note that this law affects drivers 18 years of age and older. Drivers that are younger than 18 years of age are not allowed to drive using hand held devices or talk on a wireless phone at all.

California joins four other states, New York, Connecticut, New Jersey, and Washington), the District of Columbia and the Virgin Islands in the ban of driving while talking on handheld cell phones. Some may say that about texting while driving, only 4 states have stepped up to the plate and passed laws on banning texting while driving, they include: Alaska, Minnesota, New Jersey and Washington. Several other states have pending legislation on the ban of texting while driving.

Since we are a Florida Law firm, I asked one of our Attorneys, Mark A. Greenberg, his perspective on the impact of hand held cell phones and car accident cases he has handled. He informed me that he has seen accident cases, where the defendant lied about using a cell phone while driving. After getting telephone records, Attorney Mark Greenberg, was able to show that the defendant was on the phone at the time of the accident. It does not pay to lie about things like this, because a Plaintiff's Attorney can get the phone records to determine if a defendant is lying about the use of the cell phone and a car accident. The distraction of a phone call, can cause someone to not pay attention to the road and cause an unfortunate injury to an innocent car accident victim. The Insurance Information Institute cites the following statistics on their site about dangers of driver inattention: An April 2006 study found that almost 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds of the event. The study, was a joint study between the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute.

In a conversation with the Executive Director of the Dori Slosberg Foundation, Tara Kirschner. I found that the foundation is 100% in favor of making hands free devices a requirement for Florida drivers. Sun Sentinel writer John Kennedy commented in an article that legislation banning the use of cell phones for all drivers was proposed in Florida five years ago, but failed with legislators due to the belief that they would be too much government interference.

However, according to an article in the LA Times, by Myron Levin, a hands free cell phone law, may not make the roads safer. He quotes Arthur Goodwin, a researcher at the University of North Carolina Highway Safety Research Center, as saying "There’s a common misperception that hands-free phones are safer when the research clearly suggests that they they’re both equally risky”. I find this interesting that Mr. Goodwin and other scientists would say that hands-free laws could actually make things worse by encouraging drivers to make more or longer calls. I must state for the record that I find this statement a bit of a stretch, I am sure that a lot of people will agree.

Indeed, federal highway safety officials drafted a letter from then-Transportation Secretary Norman Y. Mineta to the nation’s governors in 2003 to warn against laws like California’s that allow hands-free calling. For reasons never fully explained, the letter was neither signed by Mineta nor sent. According to the bluntly worded letter, obtained by The Times, “overwhelmingly, research worldwide indicates that both hand-held and hands-free phones increase the risk of a crash.” 

Back in 2003, supposedly there was a smoking gun letter from the Secretary of Transportation warning against laws that promote the use of hands-free calling. According to the reporters at the Times, they came across a letter that was neither signed nor sent that stated, “overwhelmingly, research worldwide indicates that both hand-held and hands-free phones increase the risk of a crash". I will let you form your own conclusion about this piece of evidence.

If you are a Florida driver, and find the need to use a cell phone while driving, please be careful and respectful of others on the roadway. Here are a few tips that you can follow to make your drive a safer experience for everyone from the American Automobile Association (AAA)
Familiarize yourself with the features of your cell phone before you get behind the wheel.
Use the cell phone only when absolutely necessary.
Keep converstions short - especially in heavy traffic or bad weather.
Tell the person that you are speaking with that you are driving. 
Do not have emotional or heated conversations while driving.
Do not engage in multiple distracting activities such as talking on your cell phone while driving, eating and tending to a child.

Use a hands free device and secure your phone in the car.

Exercise caution while using a cell phone and using a cell phone. Think Safety First and about operating your vehicle safely while sharing the roadway with others. If you must use your cell phone while driving, do so with caution.


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  10. Driving and talking on a cell phone without a hands-free device can be extremely dangerous and is a form of distracted driving. When a driver is engaged in a phone conversation, especially a complex or emotionally charged one, their attention is diverted away from the road. This reduces their ability to react quickly to changing traffic conditions, potential hazards, and unexpected events.
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  12. Driving and talking on a cellphone simultaneously can be dangerous, as it reduces attention to the road, slows reaction times, impairs decision-making abilities, and increases the risk of inattentional blindness. Distracted drivers are more likely to drift out of their lanes, leading to collisions with other vehicles or road hazards. Decreased peripheral vision can also be a risk, making it difficult to monitor surroundings. Some drivers may unconsciously slow down or speed up while talking on the phone, leading to erratic and unpredictable behavior on the road. Rear-end collisions are also increased due to tailgating and the likelihood of not noticing the car in front of you. Distracted drivers are more prone to running red lights or stop signs due to their inability to see or react to traffic signals in a timely manner. Using a handheld cellphone while driving can result in fines, penalties, and even the loss of a driver's license in many places. To ensure safety on the road, it is essential to avoid cellphone use while driving, use a hands-free device if permitted by local laws, or pull over to a safe location for calls or messages. Safe and responsible driving habits protect not only one's own safety but also others on the road.Acuerdo de Solución Disputa de Contrato

  13. The article discusses the dangers of driving and using cell phones without hands-free devices, highlighting the positive impact of laws requiring hands-free devices in California. It also discusses the potential distractions caused by cell phone use while driving, with instances of drivers lying about their phone use in accident cases. The Dori Slosberg Foundation advocates for hands-free devices for Florida drivers, but opposes legislation banning cell phone use for all drivers due to government interference. Arthur Goodwin, a researcher at the University of North Carolina Highway Safety Research Center, suggests that hands-free laws may not necessarily make roads safer, as both handheld and hands-free phones pose similar risks. The article also references a 2003 letter warning against hands-free laws, stating that research indicates both types increase crash risk. The article concludes with tips from the American Automobile Association for safer cell phone use while driving. Fatal Accidente de Motocicleta Virginia

  14. Driving and talking on a cellphone simultaneously can lead to several dangers. Distracted driving occurs when the driver's attention is diverted from the road, increasing the likelihood of accidents. Cognitive distraction, where the mind is not fully focused on driving, is a significant risk. Reduced reaction time can result from slower reaction times, which can lead to slower notice and response to traffic conditions, signals, or unexpected events. Impaired judgment can also be impaired due to talking on the phone, making it less likely to make safe decisions or anticipate potential hazards. Inattention blindness can occur when drivers focus on the conversation, causing them to fail to notice important visual cues on the road.

    Using a cellphone while driving increases the risk of accidents, including talking on the phone and texting, which is associated with high levels of visual, manual, and cognitive distraction. Legal consequences can result from laws restricting or prohibiting the use of handheld devices while driving. Hands-free devices may be considered safer than holding a phone, but they still pose risks. Additionally, drivers talking on cellphones are more likely to make errors such as missing exits, failing to signal, or making improper lane changes. To enhance road safety, it is advisable to avoid using cellphones while driving.abogado de lesiones personales virginia

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  17. Driving and talking on a cell phone simultaneously can lead to several dangers, including cognitive distraction, impaired reaction time, decreased peripheral vision, increased risk of accidents, and inattention blindness. Cognitive attention is required, which can divert focus from the road, causing slower reaction times and decreased situational awareness. Conversations on the phone can also slow down reaction times, especially in emotionally charged or complex situations. Inattention blindness occurs when attention is elsewhere, causing drivers to miss important details on the road. Even hands-free devices do not completely eliminate cognitive distraction, and the act of holding a conversation can still impair driving performance. Using a handheld cell phone while driving is illegal in many places, and violating these laws can result in fines, points on a driving record, and even license suspension. To enhance road safety, prioritize driving and minimize distractions, consider using safe locations or hands-free options when needed. Distracted driving can also lead to injury or loss of life.abogados divorcio arlington va

  18. Driving and talking on a cellphone can lead to several dangers, including reduced attention, cognitive distraction, slower reaction time, impaired decision-making, increased risk of accidents, legal consequences, and inattentional blindness. Distracted driving can lead to reduced focus on traffic, road signs, and potential hazards, while cognitive distractions can occur due to complex or emotional conversations. Delays in reaction time can result in collisions if sudden events occur on the road. Multitasking while driving can also impair decision-making abilities. Using a cellphone while driving increases the risk of accidents, comparable to driving under the influence of alcohol. Handheld cellphone use while driving is often illegal, leading to traffic citations, fines, and other legal consequences. Texting while driving is a more dangerous form of distraction, involving visual, manual, and cognitive distractions, increasing the likelihood of accidents. To mitigate these dangers, it is recommended to practice safe driving habits, such as using hands-free devices, pulling over when conversations are critical or distracting, and limiting phone use while driving. Prioritizing safety and avoiding distractions while driving is crucial for one's well-being and the safety of others on the road.virginia statute of limitations personal injury minor

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  20. Driving and talking on a cell phone simultaneously can lead to several dangers and risks. Distracted driving can result in cognitive distractions, slower reaction times, and impaired decision-making abilities. Reduced awareness can occur as conversations divert focus from the surrounding traffic environment, increasing the likelihood of missing important cues. Impaired reaction time can occur due to the driver's limited ability to process information. Inattention blindness can occur when drivers fail to notice relevant objects or events in their visual field.

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