Georgia Personal Injury Law Blog : Atlanta Georgia Injury Lawyer & Attorney : Jason R. Schultz Law Firm : Wrongful Death, Malpractice, Car Accidents : Georgia

Efforts are underway to go beyond cracking down on distracted driving from cell phone use and text messaging. The new culprit?  Digitized billboards. The New York Times is featuring a piece on the risks posed by digitized billboards.

The number of digitized billboards advertising products, broadcasting news headlines, and announcing sports scores, is growing every day. The brightly lit billboards are visible from a great distance away, and give companies the chance to grab motorists attention. They also pose an additional source of distraction.

The billboard industry insists that the distraction is minimal. Opponents say the accident risks outweigh any benefits.

A Virginia Tech Transportation Institute study in 2007 noted that digitized billboards did not change driver behavior any more than regular billboards, but that study has drawn criticism once it was discovered that the billboard industry funded it. The Virginia Tech researcher has called for more studies into the crash risks from these billboards.

As an Atlanta car accident and personal injury lawyer, I believe we need those additional studies very soon. We should confirm whether the risks are the same for both digitized and traditional billboard. The number of digitized billboards is rapidly growing and possibly the number of car wrecks on Georgia’s highways.

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Earlier this year, I discussed efforts being made by Peachtree City Representative Matt Ramsey to ban cell phone use by teen motorists to stem the accident rate among members of this age group. On March 12^th, the House voted for Rep. Ramsey's bill 138-34, marking a tougher approach to teen cell phone use behind the wheel.

The bill which now goes to the Senate, threatens drivers under the age of 18 who continue to text message or talk on their cell phones with fines or even a license suspension. The only exceptions that teen motorists will be able to claim is in the event of a lifesaving call in an emergency, or a call to report a traffic or road hazard. The bill doesn't just extend to cell phones; it also includes computers and other electronic communication devices. A first offense according to the bill, will result in a fine of $100, and if motorists are found to have been using an electronic communication device during a car accident, they could face a 90-day suspension of their license. A repeat offense will result in a license suspension for six months. Those are stiff penalties, and should prove to be a deterrent to many teen drivers who can't seem to hang up.

Teen accident rates due to cell phone distractions don’t normally receive the kind of attention they deserve, although Georgia car accident lawyers have been vocal about the problem for a while now.  These motorists are inexperienced and are more likely to take road safety for granted. In recent weeks, however, the issue has received some media coverage. NASCAR Sprint Cup drivers Reed Sorenson and Kasey Kahne have combined with Allstate to educate teen drivers around the country about the dangers of cell phone use behind the wheel. The two are making stops around the country, including a visit to Smyrna, Georgia, visiting high schools and making parents and students sign contracts that will regulate teen driving behavior.

Tackling the teen driver cell phone use problem will require the cooperation of parents, teachers and the larger community to educate teen motorists about the dangers they expose themselves and others to when they use their cell phone while driving.  Initiatives like those of Sorenson and Reed can help reach out to teen drivers and get them to think twice before reaching for the cell phone in the car again.

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Peachtree City Representative Matt Ramsey (R) is working on legislation to ban cell phone use among teen drivers in an attempt to reduce the number of car accidents that involve motorists from this age group. Rep. Ramsey plans to introduce the bill this session in the Georgia Assembly.

The new laws specifically target drivers under the age of 18, and if passed, will ban all cell phone use – talking, texting and instant messaging or emailing on phones while driving.   The laws will be backed by stiff penalties for cell phone users – a $175 fine for a first time violation, and a $500 fine for a second offense. If a cell phone driver is found to have been using his or her cell phone at the time of an accident, he will face a 90-day suspension of his license, and in case of a second offence, he will lose his license for a period of six months. At least one other representative who is working on a similar proposal thinks that Ramsey's proposed legislation may involve stiffer penalties than are warranted. Rep. Mary Margaret Oliver (D-Decatur) is also working on a similar bill after her last two attempts were unsuccessful in the Assembly. According to Oliver, Ramsey's proposed penalties may be a trifle harsh, but she hopes they can work together to find a compromise that will deter cell phone use among teen drivers, while being fair to them.

Georgia has lagged behind other states in imposing effective legislation to deter drivers from using their cell phones while driving.  Currently, only school bus drivers are banned from using their cell phones behind the wheel, but mounting evidence from road accident statistics suggests that there must be quick changes made to the state's laws. Every year, thousands of automobile accidents can be traced to a motorist's use of a cell phone at the time of the crash. The Metrolink train accident that killed 25 people in Los Angeles has been traced in part to an engineer's use of his cell phone to send text messages to a rail fan. That crash has stirred a nationwide debate for more restrictions on cell phone use not only in trains, but also on our roads. Just this week, the National Safety Council made a call for a complete ban on all cell phone use that would apply to all segments of the population.

Studies have shown that cell phone use can affect a person's ability to drive safely, to the same extent that alcohol can. Yet, we treat drinking and driving as the reprehensible offense it is, and treat persons who use cell phones when they drive, with kid gloves. Georgia now has a chance to update its antiquated and sorely inadequate cell phone laws, so that more car accidents caused by such distractions can be prevented.

If you or a loved one has been injured in an accident in which the other motorist was distracted by a cell phone, an Atlanta personal injury attorney can help you recover compensation for your losses and suffering.  Contact a Peachtree City car accident lawyer for a free consultation.

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Just listening to a cell phone while driving is a significant distraction, and it causes some of the same types of mistakes as drunk drivers make, according to scientists at Carnegie Mellon University.

The new study reports that simply listening to a cellphone distracts drivers. Several states ban drivers from using cellphones while driving but allow hands-free cellphone use. Most drivers think hands-free cellphone use is safe, however new studies show it can be just as distracting. Neuroscientist Marcel Just found that "Listening while driving led to a significant deterioration in driving accuracy." Why is cellphone use important in you’re a car wreck case? Georgia uses comparative fault in deciding cases. Smart insurance defense lawyers always try to shift the focus to the plaintiff and what he or she was doing at the time of the wreck. On the other hand, using the fact that the defendant was using a cellphone is very good evidence that they were simply not paying attention to the roadway, thus proving your case.

Other studies have shown what is called "inattention blindness" caused by cellphone use. These studies further show that cellphone usage affects drivers more than if they were driving at a .08 blood alcohol level . The bottom line is that you may be more impaired using a cellphone than driving drunk. This is also an example of why you should start your case as soon as possible to get those cellphone records.

Several trial court judges around Georgia have allowed evidence of cell phone use in the pursuit of punitive damages against drivers who were talking on cell phones at the time of the car accident.
The bottom line is that “Talk isn't always cheap”, as International Paper Co. learned recently when it agreed to pay $5.2 million to settle a personal injury suit related, at least in part, to one of its employees' use of a cell phone while driving.

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