Trucking Companies Can Be Held Liable for Distracted Driving Accidents

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May 10, 2012 /24-7PressRelease/ -- Public sentiment has been growing against distracted driving for a number of years, especially after several high profile accidents involving commercial trucks and buses where drivers were using cell phones behind the wheel. After a horrific crash in Mumfordville, Kentucky took the lives of 11 people in 2010 (including the truck driver who allegedly took his eyes off the road to use his cell phone), the National Transportation Safety Board (NTSB) issued a recommendation that commercial truckers and bus drivers should be banned from using mobile devices while driving.

The Federal Motor Carrier Safety Administration adopted the proposal and enacted a new rule prohibiting such drivers from using their cell phones while on the road. It applies to all drivers operating vehicles that weigh more than 10,000 pounds and cross state lines for business purposes, or any vehicle weighing more than 26,000 pounds. Drivers face a $2750 fine for each violation, and trucking companies can be subject to $11,000 fines for repeated infractions.

While the administrative fines may be a deterrent to distracted driving, the specter of civil judgments should change how trucking companies do business. A growing number of plaintiffs in trucking accidents are searching for evidence indicating whether a driver was using a cell phone before a crash occurred. If an investigation reveals that a driver (or company) was fined for a cell phone violation in the midst of a crash, this could make a prima facie case for a negligence claim.

Essentially, drivers have a duty to use reasonable care in operating their vehicles. A cell phone violation could be used as evidence of a breach of that duty (because talking while driving creates an unreasonable safety risk for other drivers). If they are found negligent, both the driver and trucking company could be held liable for the injuries and property damage stemming from the accident.

If you have been injured in an accident involving a commercial truck or bus, an experienced personal injury lawyer can advise you of your rights and options.

Article provided by Marsh, Rickard & Bryan, P.C.
Visit us at www.mrblaw.com

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Automakers Want Cell Phones Included in New Distracted Driving Rules

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May 03, 2012 /24-7PressRelease/ -- Automakers Want Cell Phones Included in New Distracted Driving Rules

In a recent hearing, the U.S. Department of Transportation took testimony from automakers and industry leaders who wanted smartphone and portable GPS devices included in proposed distracted driving rules. In their current form, the proposed rules would only require automakers to prevent drivers from using in-dash multimedia systems to insert addresses or access the web while the car is in motion.

For instance, drivers would not be able to access text messages, look at Facebook updates, or type an address into the navigation system, unless the car is parked. When the car is moving, messages and navigational information would be limited to two-second glances and one-hand operation.

However, automakers believe that they are wrongfully singled out since many drivers will still use cell phones and portable GPS systems while behind the wheel.

For Transportation Secretary Ray LaHood, curbing distracted driving has been his number one priority. He has advocated for national bans on texting while driving for commercial truckers, and believes that motorists should be free from cognitive distractions while driving. He even considered an outright ban on electronic devices in motor vehicles, but the measure did not gain traction with automakers as they continued to develop interactive systems to attract younger drivers. Nevertheless, more than 30 states have passed laws banning texting while driving, and some states prohibit the use of handheld devices while behind the wheel.

Automakers have been following voluntary safety guidelines they developed for nearly a decade. However, mobile devices were not addressed since they were not widely used while driving. As social media outlets and "turn by turn" directional systems became prominent with smartphones, more drivers began using them behind the wheel. This pattern contributed to the rise in auto accidents and even led to the phrase "distracted driving".

Because of this, the Alliance of Automobile Manufacturers suggested that regulators include rules for mobile devices while they consider the same for built-in multimedia systems. CTIA, the association supporting the wireless industry, supports protocols that would disable phones while driving.

Additional hearings are scheduled to gather more feedback on the proposed rules.

Article provided by Westmoreland, Patterson, Moseley & Hinson
Visit us at www.wpmlegal.com

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Milwaukee Attorneys of Aiken & Scoptur, S.C. Support Distracted Driving Awareness Month

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MILWAUKEE, WI, April 22, 2012 /24-7PressRelease/ -- April has been named Distracted Driving Awareness Month by the National Highway Transportation Safety Administration. This year, the traffic safety community is sending a message to drivers from coast to coast: One Text or Call Could Wreck It All.

The Milwaukee personal injury law firm of Aiken & Scoptur, S.C. is joining attorneys across the nation in bringing awareness to the dangers of distracted driving and the harm it can cause. Text messaging creates a crash risk 23 times worse than driving while not distracted, according to NHTSA. In addition, driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent.

This initiative is especially timely in Wisconsin, where lawmakers just banned drivers under the age of 18 from using cell phone and other wireless communication devices. The state also prohibits texting while driving for all motorists. In addition to criminal and administrative penalties, breaking these laws can have civil consequences in personal injury cases.

About Aiken & Scoptur, S.C.

The Milwaukee personal injury attorneys of Aiken & Scoptur, S.C. handles a full range of personal injury cases, including motor vehicle accidents, premises liability, products liability and all types of insurance issues. The firm serves clients throughout Wisconsin and the Midwest and has a national practice serving clients all over the United States.

Led by firm principals Timothy J. Aiken and Paul J. Scoptur, the firm has built an impressive record of obtaining verdicts and settlements for injured clients. This record includes numerous multi-million dollar recoveries.

If you have been injured as a result of someone else's negligence, an aggressive personal injury attorney can fight for your rights and pursue compensation. For more information about Aiken & Scoptur, or to schedule a free initial consultation, call 1-866-415-5919. You can also contact the firm online at http://plaintiffslaw.com.

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