Oregon Injury Lawyer Blog

A study published earlier this month by the Pew Internet & American Life Project documents what many of us probably knew in our hearts: distracted driving is more than just a teen problem. Following up the Project’s 2009 study of teens and distracted driving, the new report finds that “one in four American adults say they have texted while driving”. In fact, the proportion for adults who acknowledge having engaged in this especially dangerous activity – 27% - is basically the same as the percentage of teens – 26% - who acknowledge doing so.

Perhaps more shocking is the fact that 17% of all adults acknowledge having been so distracted “while talking or texting that they have physically bumped into another person or object” while behind the wheel.

As I have noted in a number of previous posts on Portland distracted driving, Oregon is one of a growing number of states that are attempting to crack down on the practice through legislation. With a small number of exceptions, Oregon distracted driving became illegal throughout the state at the beginning of this year. In a society where, according to the study, 82% of Americans over age 18 now own a cellphone and 58% of them text, distracted driving is likely to continue growing as an issue.

Portland, Salem, Medford and Eugene distracted driving all pose a danger to everyone on the road. While the practice is now illegal here in Oregon it would be naïve to believe that it has stopped. If you or a loved one have been in an accident involving an Oregon distracted driver it is important that you seek the advice and assistance of a Portland distracted driving lawyer as soon as possible. An Oregon personal injury attorney with a specialty in distracted driving can offer essential advice on the best way to protect your rights and receive the justice you deserve if you have been injured as a result of someone else’s irresponsible behavior behind the wheel.

The Money Times: Adults equally guilty of texting, talking as teens – study

Pew Internet & American Life Project – Adults and Cell Phone Distractions

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Posted In: Distracted Driving

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As I have noted in a number of previous posts, the new Oregon distracted driving law which came into effect this year allows for “primary enforcement”. That means Oregon police officers can pull drivers over for talking on a handheld cellphone. In some other states, where primary enforcement is not the rule, police must first have noted another offense (speeding, for example, or reckless driving) and may then ticket cellphone use or texting as a secondary, or additional, charge after making the initial traffic stop.

While there is relatively little Oregon distracted driving data available so far (the law has not yet been in force for six months), anecdotal evidence suggests that few of the state’s police departments have made a strong primary enforcement push regarding the distracted driving law.

That, however, may be beginning to change. As the Siuslaw News reports, Florence officials have come to believe that the cellphone ban is not being taken sufficiently seriously. City police issued more than 55 warnings for violations of the Oregon distracted driving law last month alone. The paper quotes the police chief: “That’s way too many for a town our size,” and indicates that officers intend to begin cracking down.

Police officials quoted by the newspaper also warn against viewing the Oregon distracted driving law’s exemption for people using handheld cellphones “if operation is necessary to their job” as an easy way around the ban. As the local police chief notes, the actual wording of the law gives officers great discretion in deciding what constitutes a “necessary use” of a cellphone when behind the wheel.

Oregon distracted driving is a serious issue that can have civil as well criminal consequences. If you have been the victim of an accident involving a Portland, Florence, Salem or Medford distracted driver it is essential that you speak with an experienced Oregon distracted driving attorney as soon as possible after the incident. A Portland distracted driving lawyer can help you win the compensation you deserve, and ensure that reckless and distracted drivers pay for their negligence.

The Siuslaw News: Florence police say: Hang up and drive

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Late last month I summarized the key findings of a New York Times article on the latest gadgets available to Oregon drivers and designed to combat distracted driving. Products like this have become increasingly important since the Oregon distracted driving law went into effect in January. As a Portland distracted driving attorney I’ve worked hard to keep on top of both the technological and legal sides of this fast-developing area of the law.

As I noted last month, one barrier to effective high-tech solutions combating Portland distracted driving is what has become known as the “passenger problem”: if your anti-distracted driving app works mainly by disabling all or part of your phone while the car is in motion (as determined by the phone’s GPS), how does that effect someone who is riding in the car but is not behind the wheel? Cutting down on Portland injury car crashes linked to distracted driving is a priority for everyone – but it is also a reality of modern life that not everyone making calls or texting from a moving car is behind the wheel.

My earlier post noted that different products deal with this issue in different ways. I mentioned that one product, Zoomsafer, allowed users to bypass its call blocking functions by completing a timed puzzle – presumably one too difficult to attempt while driving. Shortly after publishing that blog, however, I received an email from ZoomSafer’s Marketing Manager, Eleanor Jones, which reads, in part:

“Users cannot bypass ZoomSafer's software by successfully completing a timed puzzle. We believe that such a mechanism is incredibly dangerous as it encourages drivers determined to flout the block to completely disregard the road in order to regain access to their phones' texting functions.”

The system, she writes, does have a “passenger mode” which, in effect, puts “the automatic speed detection on ‘snooze’.” This, frankly, is good news, if only because lack of some route around the passenger problem threatens to emerge as a major barrier to adoption of anti-distracted driving devices in Oregon and elsewhere around the country. We are probably still a year or so away from having good statistical data on the new Oregon distracted driving ban and its effectiveness, but high tech solutions designed to address user’s concerns while keeping them safe seem like a very good start.

Continue reading "High Tech Solutions for Oregon Distracted Driving – A Follow-Up" »

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Two months ago I wrote about “Textecution”, a smartphone application available for phones using Google’s Android operating system. At the time I noted that the application’s approach – using a phone’s GPS capabilities to determine whether the user is in a moving vehicle and, if so, to turn off some or all of a handset’s functions – seemed to be the wave of the future.

Sure enough, barely eight weeks later, New York Times technology columnist David Pogue has published a detailed review of four similar applications, all of which seek to address the growing problem of distracted driving. Textecution was not among the applications reviewed this week by Pogue. All of the ones he did look at, however, take a similar approach.

As Pogue notes, iZup, tXtBlocker, CellSafety and ZoomSafer approach the problem of Oregon distracted driving in differing ways but seem to be aimed at the same market: parents of teenagers (or perhaps to bosses who fear that employees on the phone while using the company vehicle will cause an Oregon car accident leading to a lawsuit). Aside from ZoomSafer, all of the applications reviewed require a monthly subscription fee. Purchase prices range from free (for iZup, though, again, there is a monthly fee) to $25.

A useful chart at the Times website compares the features of the four applications, some of which allow calls from certain numbers (such as the user’s parents) through even when others are blocked. tXtBlocker even allows users to specify a “no-phone zone” causing the phone to go dead when, for example, a teenager is on school grounds. The applications also take different approaches to what has been called the passenger problem: if the application uses the GPS to tell when the car is in motion, where does that leave people who are in the car but aren’t behind the wheel? Cellsafety and ZoomSafer allow the block to be bypassed if one solves a timed puzzle (presumably one that no one actually driving would be able to handle).

In the months since Oregon’s ban on texting and the use of hand-held phones by drivers went into effect more and more attention has been paid to technological solutions such as these. If you have been the victim of an accident involving a Portland distracted driver, however, the time has come to turn away from technology and seek the assistance of an Oregon distracted driving attorney. It is important to select an attorney skilled in the nuances of this rapidly-developing legal field, one who is up on the latest legal developments both in our state and elsewhere.

New York Times: Your Phone is Locked. Just Drive.

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With Oregon distracted driving on the minds of many motorists as the state’s new ban on the use of hand-held cellphones and texting by drivers takes effect, a court case in California last week became the latest important legal decision to remind everyone how serious an issue this is.

According to the Associated Press, a 42 year old California man has been sentenced to four years in prison following a car accident in which he struck and killed a pedestrian. Martin Kuehl was texting as he drove through the southern California city of Newport Beach in August 2008. According to the AP, “prosecutors argued that he had an unobstructed view of the crosswalk” where he struck and killed the pedestrian, but “failed to slow down or break in any way.”

Interestingly, the accident took place one month before California Governor Arnold Schwarzenegger signed legislation banning texting behind the wheel throughout the state. That fact is an important reminder that the consequences of Portland distracted driving can go far beyond those directly related to the Oregon distracted driving law.

The criminal penalties mandated by the new Oregon distracted driving law are relatively mild compared to the civil and criminal sanctions that could result from a serious Oregon auto accident. If you, or a loved one, have been injured in a Portland, Salem or Eugene car crash the assistance of an Oregon car crash injury lawyer is a crucial part of your struggle to achieve a just outcome after falling victim to a tragedy.

AP in the San Francisco Chronicle: OC Driver Gets 4 Years for Fatal Texting Accident

San Francisco Chronicle: California bans text messaging while driving

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Distracted Driving , Motor Vehicle Accidents

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The New York Times reported recently on efforts by the federal Department of Transportation to tighten rules governing distracted driving in Oregon and elsewhere in the nation. According to the newspaper, the department wants to make a temporary ban on texting by long-haul truckers permanent. Safety advocates, however, say those rules do not go far enough.

According to the Times, the real concern among highway safety groups focuses on the in-cab computers that have become standard equipment in much of the nation’s trucking fleet. “We want the department to continue down this road of looking at the devices that are highly distracting and take action to curb those as well,” the paper quoted Judith Stone, president of Advocates for Highway Safety, saying.

The department is currently gearing up to take public comments about making the texting rule permanent, but is reported to be receptive to input on a broader ban. Onboard computers are a common sight in the cabs of large trucks. These often combine the features of commercial GPS units with links to dispatchers at a trucking or shipping company’s headquarters.

With concern rising nationwide about distracted driving, Oregon motorists are finding there are simply more and more things to worry about when considering the other drivers on the road. If you have been involved in an accident with an Oregon distracted driver, prompt consultation with a Portland distracted driving lawyer is imperative. There are many activities (such as operating an onboard computer in the cab of a speeding semi-truck) that fall outside the scope of the Oregon distracted driving law that went into effect last January. The fact that some forms of distracted driving are legal does not, however, mean that a reckless, distracted driver cannot be held responsible for his actions. An experienced Oregon distracted driving attorney can advise you on the remedies you may have depending on the exact nature and circumstances of your Oregon distracted driving car crash.

New York Times: Banning Texting in Truck Raises Other Questions

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A new high-tech device represents an early – though almost certainly not the last – attempt to solve the problem of distracted driving via technology. An application called “Textecution” can, when installed on a compatible smartphone, disable texting, email and web surfing functions while the owner is driving.

According to the tech site TMC News the application is currently available only for handsets running Google’s Andriod operating system, though versions for other platforms are anticipated. The site reports that the application is being marketed to parents as a way to promote safer driving habits among teens. A number of studies in Oregon and nationwide have shown distracted driving – specifically texting or talking on the phone while behind the wheel – to be a growing problem. The legislature has sought to crack down on Oregon distracted driving by banning texting by Oregon drivers, as well as the use of phones without a hands-free device.

As TMC points out, in its early form Textecution has some bugs that may need to be worked out. It reportedly uses a phone’s GPS capabilities to determine whether the phone is in a moving vehicle. That does not, however, make it capable of distinguishing between a phone whose owner is driving the car and one whose owner is merely sitting in the passenger seat (or riding on a bus).

Still, it seems likely that as is so often the case in the world of personal technology a clunky early version will be followed within a year or two by something that does the same thing much more efficiently. It also is an indication of the seriousness with which citizens and policy-makers alike are coming to view Oregon distracted driving (were there no perception that people are taking the issue seriously there would be no incentive for software developers to try to find a market).

Even with technology striving to help fix this problem, the legal system remains a significant deterrent to dangerous behavior. If you or a loved one has been the victim of a Portland distracted driver, consulting with an Oregon distracted driving accident attorney should be a top priority. Even if the police have not cited one party to an accident for Oregon driving and texting, if such behavior played a role in the accident you may be entitled to significant compensation to replace lost wages and salary, or to help with medical bills.

TMC News: Textecution Disables Texting, Email and Web Browsing While Driving

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In another sign of the speed with which distracted driving has gone from a fringe issue to center stage, the US Department of Transportation moved Tuesday to ban bus drivers and drivers of large trucks from texting while operating their vehicles, according to media reports. The measure will exist above and beyond the Oregon distracted driving law that went into effect this month.

The New York Times reports that the ban is effective immediately and that violators will “face civil or criminal fines of up to $2,750.” Here in Oregon distracted driving, including texting and the use of hand-held cellphones behind the wheel, has been illegal since the first of the year. Similar bans exist in about a dozen other states as well as the District of Columbia. The federal government is able to go beyond these state laws because of the authority it possesses to regulate the trucking industry at the national level.

In addition to cellphones the new rules also cover the dashboard computers long-haul drivers use to communicate with their dispatchers. The move comes partly in response to an increasing body of statistical evidence of the dangers posed by distracted driving. Transportation Secretary Ray LaHood has been an increasingly vocal opponent of distracted driving since taking office last year.

The new regulations should also benefit drivers who have been involved in a Portland traffic accident involving an Oregon distracted driver. As laws aimed at distracted driving tighten up throughout the nation, it may become increasingly difficult for reckless drivers to justify their conduct in court. Pedestrians, motorists and cyclists injured by an Portland distracted driver should promptly consult a Portland personal injury lawyer. Beyond the criminal sanctions an Oregon distracted driver may be subject to, victims in such accidents may also be entitled to compensation for their injuries, damage to vehicles, lost income and pain and suffering.

New York Times: Government bans texting by truck and bus drivers

Reuters in Insurance Journal: U.S. bans texting by drivers of large trucks, buses

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Oregon’s new distracted driving law helped earn the state the state a ‘Green Light’ – the highest rating – in the annual report card issued by Advocates for Highway and Auto Safety. For 2009 the group added a ban on texting while behind the wheel to its list of recommended state-level legal and safety measures. Oregon’s distracted driving law, which bans texting, was signed into law in 2009 and came into force this year.

Overall, Advocates judged states by the number and strength of 15 different legal areas associated with highway safety. Oregon was one of ten states (plus the District of Columbia) to earn the ‘Green Light’ designation.

Rising awareness of Oregon distracted driving and other highway safety issues was a key feature of the state’s politics last year. As the new law takes effect it raises separate questions about how it will be enforced by the state’s courts and what that may mean for drivers or pedestrians injured by an Oregon distracted driver.

If you have been involved in an accident involving a Portland, Salem or Corvallis distracted driver it is important to make contact with an Oregon personal injury lawyer as soon as possible. A Portland auto accident lawyer can help you obtain the compensation you deserve for injuries caused by a driver who was not paying enough attention to the road.

Tucson Citizen: Report card on highway safety shows more states fail, fall under more pointed scrutiny; Safety advocates call for urgent state action in 2010

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With the stroke of midnight and the beginning of 2010 Oregon joined the growing list of states restricting the use of cellphones by people driving cars. In Oregon and around the country distracted driving has emerged over the last two or three years as a serious issue of public concern. The interesting question may, in fact, be why it took so long for this to happen. As the New York Times link below indicates, concern about the issue is not particularly new. AAA issued its first warning that drivers ought to pull over before picking up the phone in 1984 (yes, 1984).

Oregon’s new distracted driving law requires drivers to use a hands-free device, such as a Bluetooth headset, when making and receiving calls. Telephone use by drivers under the age of 18 is banned entirely. Also banned (for drivers of all ages) is texting while behind the wheel. More details about the new law can be found here.

While there have been a number of media reports during the last few weeks of brisk headset sales around Oregon, it will probably take some time before the real impact of the Oregon distracted driving law becomes clear. Anecdotal evidence from other states with distracted driving laws indicates that enforcement regimes vary widely (for example: New York, one of the first states to enact a distracted driving law, has a reputation for relatively relaxed enforcement while Washington DC is said to be unusually strict).

The fact that Oregon now restricts distracted driving may also make the issue the subject of more civil actions around the state. If you have been injured by someone who was inappropriately using a cellphone behind the wheel, consulting with a Portland distracted driving lawyer should be among your top priorities. Even if the police have not issued a criminal citation to an Oregon distracted driver you, as the victim, may be entitled to a substantial settlement.

Salem Statesman-Journal: ‘Hang up and drive’ starts Friday

New York Times Interactive: Timeline: The Selling of the Cellphone

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The new Oregon distracted driving law that comes into effect Friday has been getting a lot of attention over the last week. This weekend, however, the state’s leading newspaper raised serious questions about whether the law already contains a fatal flaw.

An editorial in the Portland newspaper The Oregonian points out that the Oregon distracted driving law requiring drivers to use a hands-free device if they are talking on the phone while behind the wheel contains an exception for people “operating a motor vehicle in the scope of a person’s employment if operation of the motor vehicle is necessary for the person’s job.” The paper says the language was inserted at the insistence of business lobbyists, but worries that “necessary for a person’s job” is not defined anywhere in the legislation.

The loophole, the paper notes, “may well be big enough for real estate agents, contractors, FedEx drivers and just about anyone who needs a car for work.” Interpretation of the provision will lie with Oregon’s courts, and it may take some time for legal judgments under the new law to offer Oregon distracted driving attorneys guidance on what “necessary for the person’s job” means in practice.

The uncertainty likely to surround the new distracted driving law makes consulting with a Portland distracted driving attorney especially important if you are facing distracted driving charges brought under the new law, or have been the victim of an accident in which you believe the other party may have been in violation of Oregon’s cell phone ban. An Oregon distracted driving lawyer can be a key ally if you find yourself forced to navigate what, for Oregonians, is still relatively uncharted legal territory.

The Oregonian: A New Year’s Resolution on Cell Phones

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On January 1 Oregon joins the ranks of states banning texting while driving as well as the use of a hand-held cellphone. A recent blog and accompanying discussion on the New York Times website, however, asks an intriguing question for Oregon distracted drivers: are you willing to acknowledge that your own behavior behind the wheel is a problem?

The Times cites a recent survey conducted by the AAA Foundation. As the paper paraphrases the results: “essentially, many people believe, ‘I can do it safely, but you’re a menace.’” This attitude, of course, is hardly confined to the question of telephone use. How many people do you know who are actually willing to say ‘I’m a bad driver’?

Examining this attitude is especially timely. Though the new Oregon distracted driving law allows for primary enforcement (i.e. the police can pull you over just for talking on a cellphone – they will not need to look for some other initial violation, such as speeding or driving recklessly) the fine for violating the law will be relatively low ($90). Moreover, in most states that already have these laws few people, in practice, get ticketed just for using a phone.

Legally speaking, of course, the answer is that Oregon distracted driving is – and ought to be – everyone’s problem. Distracted drivers make the road less safe for all of us. That is why civil liability is so important here. Above and beyond the criminal sanctions coming into force next month, people who drive while texting or talking on a handset need to know that they are exposing themselves to significant Oregon personal injury liability. A Portland distracted driving lawyer can help you recover the damages you deserve if you have been injured by an Oregon distracted driver.

Take the new law to heart both in your own driving, and in considering, after an accident, whether an Oregon personal injury lawyer can help you get the compensation to which you may be entitled.

New York Times: Do multitasking drivers have double standards?

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A timely reminder for this holiday weekend comes from USA Today travel columnist Bill McGee. His headline says it all: “Distracted While Driving? Pull Over!” The law, as he notes, is only part of the issue. Oregon is among the growing number of states that have banned texting and use of hand-held cellphones while driving. But it is worth remembering that aside from endangering yourself, your passengers and everyone else on the road distracted driving can leave you open to a significant Oregon personal injury judgment if a court finds you liable for an Oregon personal injury accident. As I’ve noted elsewhere on this blog, such a finding can take place even if the police do not issue a citation at the scene of the accident.

McGee cites some sobering statistics from the National Highway Traffic Safety Administration, such as the fact that “distraction was a factor in 12% of all fatal crashes in 2004, but rose to 16% in 2008.”

The good news is that recognition of the problem is widespread. An Insurance Information Institute survey last summer found that 80% of respondents supported a ban on texting while driving. For handheld cellphone use the figure was 67%. Even allowing for the fact that an insurance industry survey might be tilted toward a ban (texting leads to more crashes; more crashes lead to more claims), the logic behind the data is hard to argue with.

If you have been the victim of a Portland traffic accident injury and think the driver involved may have been distracted it is crucial to seek the advice of an Oregon personal injury attorney as soon as possible. Even forms of distracted driving that are still, technically, legal may under some circumstances be construed as negligent for the purpose of a civil court case. An Oregon personal injury lawyer with expertise in distracted driving issues can offer advice and guidance and help you obtain the compensation you deserve.

USA Today: Distracted While Driving? Pull Over!

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