Georgia Injury Law Blog

As Atlanta car accident attorneys, we believe minimizing texting or talking on the cell phone while driving requires cooperation not just from individual motorists, but also from society at large. To avoid as many car accidents as possible, employers have a big role to play in ensuring that their employees refrain from using a cell phone while driving. A new survey by the National Safety Council finds that one out of every five Fortune 500 companies has a policy in place that prevents employees from using cell phones while driving. These policies have a significant impact in decreasing the number of distracted driving auto accidents.

There have been increasing signs that more and more employers are taking the need for such workplace policies seriously. Out of the companies that responded to the survey, more than 50% had implemented such safety policies since 2008.

It was the federal administration which kick started the initiative to encourage employers to implement anti-distracted driving policies in the workplace. In 2009, the Obama administration announced a ban on cell phone use while driving for federal employees while driving government-issued vehicles, and using government-issued cell phones. Since then, private employers have followed suit, encouraging employees to switch off their cell phones while driving. Encouraging employers to implement such policies has become more important since the economy began sinking. Employees now are under more pressure than ever to stay constantly in touch with the office, even while driving.

However, employers who expect their employees to be in touch with the office even while they're driving, could face severe liability issues if the employee gets involved in an auto accident. Around the country, more people are dragging employers to court when they are involved in accidents caused by distracted motorists.

Posted By Robert Katz In Cell phones | 0 Comments Permalink

The campaign against distracted driving is coming soon to a chat show near you. On April 30, the Oprah Winfrey show will broadcast a special on distracted driving, called National No Phone Zone Day, and Atlanta will play a part in the proceedings. .

 According to the Oprah show website, Oprah’s special guests on that day will be representatives from the Department Of Transportation, the Governors Highway Safety Association, the National Highway Traffic Safety Administration and other safety agencies. Oprah will invite families of victims killed in accidents linked to cell phone use while driving. There will be live rallies in several metropolitan cities across the country, including Atlanta. These rallies will include the participation of victims’ families, safety groups, and other advocacy groups.

Viewers will be invited to join a pledge – that they will make their car a “no phone zone,” and will avoid using a cell phone while driving at all costs. Hundreds of thousands of people have already joined the pledge on the Oprah website, and more are expected to join after the show airs on April 30.

Any Atlanta car accident lawyer familiar with safety issues will tell you that education and awareness campaigns are not enough, and that laws are needed to change motorist behavior. In fact, it’s a combination of strong laws, strict enforcement and education that often delivers the best results. Georgia is on its way to passing laws against distracted driving. These laws coupled with efforts by media personalities like Oprah can help bring about the change that we wish to see. People should be encouraged to switch off their cell phones while driving not just because they will be fined or ticketed if they don't, but also because it’s the safe and sensible to do.

Posted By Lisa Siegel In Cell phones | 2 Comments Permalink

Georgia House Passes Ban on Texting While Driving

The Georgia House last week passed a bill that will ban texting while driving for all motorists, and cell phone use for motorists below the age of 18. The bill will now go to the Senate, and Atlanta injury lawyers are hoping for the passing of a long-awaited legislation that will reduce the risk of distracted driving on our streets.

Bill 938 was approved by a 134-31 vote. It now goes to the Georgia Senate, and if the Senate does what Atlanta accident lawyers hope it will, then the bill will go to Gov. Sonny Perdue, and finally become law. The sponsor of the bill Rep. Allen Peake, R-Macon, says the bill is a no-brainer, given the widely recognized risks of texting while driving.

The move to ban dangerous practices like sending or receiving text messages while at the wheel, has been gaining momentum across the country. Currently, nine states have a ban on text messaging while driving. Several states have bans on hand-held cell phones. Georgia’s laws won't go that far, but they will ban cell phone use for some of the most at-risk motorists on our roads - those below the age of 18.

HB 938 will fine violators $50 and $100. Teenage motorists, who violate the ban, can also expect to have two points on their license.. Motorists who cause an accident while they are texting at the wheel may also face double fines and a suspended license.

If it is passed, Bill 938 will be joined by another bill that was passed by the Senate unanimously earlier this month. That bill SB 360, also known as the Caleb Sorohan Asked for Saving Lives by Preventing Texting While Driving, bans texting while driving for all motorists, and will fine violators up to $150. Under the Act, teenage motorists with a second conviction will have their application for a class C license denied.

Posted By Lisa Siegel In Cell phones | 0 Comments Permalink

Study Shows no Link between Cell Phone Bans and Accidents

The results of a study last week have sent auto safety advocates, personal injury lawyers in Atlanta and elsewhere, and the auto industry into a tizzy. The study released by the Highway Loss Data Institute and the Insurance Institute for Highway Safety indicates that there has been no significant drop in accident claims after laws banning hand held cell phone use while driving were enacted.

The study analyzed accident claims in 4 states that have banned handheld cell phone use while driving, and found no significant drop in accident claims after the bans were enacted. The study has, predictably enough, caused great consternation at the US Department of Transportation, where Secretary Ray LaHood has adopted distracted driving as his pet project. Just last week, the Department of Transportation banned text messaging while driving for commercial bus and truck drivers. Six states have bans on handheld cell phones in place, and several other states are considering similar legislation this y ear.

The findings of the study go against much of what personal injury lawyers in Atlanta and elsewhere, have been stressing over the past couple of years. So, what could have caused these findings, and how much importance should we give to a study that was financed by insurers?

For one thing, the study fails to take into consideration that passing a ban is one thing, and enforcing it is quite another. In short, enforcing a cell phone ban strictly is the key to seeing any results from the legislation. Besides, as Atlanta auto accident lawyers have been saying all along, half hearted measures like text messaging bans and handheld cell phone use bans only deal with half the problem. Using a handsfree set may be perfectly legal, but takes your attention away from the road just as much as using a hand held cell phone would.  As the National Safety Council has advised, the distractions from cell phone use come from the actual conversation that the person is having, and not whether he is using his hand to hold the device. 

Posted By Lisa Siegel In Cell phones | 0 Comments Permalink