Texting while driving

[Marita40]

A friend of mine routinely texts and sends emails while driving, and I have been a passenger in the car on many occasions to witness this. It's obvious to me that the texting is impairing this person's driving (although honestly, their driving skills have never been that good even with zero distractions), but they don't see it that way. My friend is not a bad person, just stubbornly oblivious to the dangers and way overconfident in their ability to handle the car safely while texting, emailing, etc.

I'd be out of that car with lightening speed and would not hesitate to give the person a severe reprimand, even to the point of risking the friendship to do so. Your so-called friend is doing something deadly and friends don't let friends text while driving.

 

[Just_Steve]

Call a lawyer now. With injuries sounds like 100k settlement.

 

[meierlde]

All the more reason to make forward collision mitigation a standard feature. (it is an extra cost option on many models now). It combines radar and a camera to detect an object in front of you and if the system thinks an object in front is to close slams on the brakes very hard to mitigate or if possible avoid the rear end collision. (See Subaru adds for examples). I have not seen demos but I suspect the system might also work against some side collisions as well.

 

[NW-Bound]

Now that I use a smartphone, there have been times I get lost driving, and find myself reaching for the phone to look up Google map.

I caught myself, and said to myself "What the HELL are you doing?".

I pulled over into a business parking lot, stopped, then looked up the phone.

 

[HFWR]

The capabilities are already available in most mobile phones to indicate when the phone is in use, did that coincide with movement at a speed indicative of being in a vehicle, and what time did the rapid deceleration occur... [emoji12]

 

[bclover]

+1

Texting is probably the worst modern-day culprit, but there have long been (and still are) people who daydream while driving, try to eat a big messy meal while driving, search for something in the glove compartment, and many other very distracting things. As far as I know, it's not illegal to eat while driving (even if it involves multiple fast-food bags, containers, etc.) or daydream or read a book or a map. I'm all for heavy penalties for driving while texting, but let's be realistic that there are innumerable ways to be irresponsible and not pay proper attention while operating a motor vehicle, and most of those will never be against the law.

+2

I was rear ended by someone who simply wasn't paying attention. Was stopped at a red light and wammo, she said she was simply singing to the radio. go figure.

I have young adults and while I pray, plead and threaten, It would not surprise me if they text while driving

glad you are not horribly hurt

 

[Nemo2]

There are countries that I have not been to, and never intend to. Nuf' said.

Saudi would be a good choice in that category.

 

[ERD50]

A friend of mine routinely texts and sends emails while driving, and I have been a passenger in the car on many occasions to witness this. It's obvious to me that the texting is impairing this person's driving (although honestly, their driving skills have never been that good even with zero distractions), but they don't see it that way. My friend is not a bad person, just stubbornly oblivious to the dangers and way overconfident in their ability to handle the car safely while texting, emailing, etc. I think there are millions of others like my friend out on the road: reckless, clueless, but otherwise good-natured people who would be devastated if they ended up hurting someone due to their distracted driving. Not saying this to excuse the behavior, cause I do think it's clearly a form of willful negligence that's worthy of punishment. I imagine we'll see more and more of a crackdown on this over the next few years, similar to the huge crackdown on DUI during the 80s and 90s.

In light of an earlier post ( 'Studies have shown texting and driving to be more dangerous than drinking and driving (at or around current levels that make it illegal'). ... read it again, with a slight substitution:

A friend of mine routinely drinks while driving, and I have been a passenger in the car on many occasions to witness this. It's obvious to me that the drinking is impairing this person's driving (although honestly, their driving skills have never been that good even when sober), but they don't see it that way. My friend is not a bad person, just stubbornly oblivious to the dangers and way overconfident in their ability to handle the car safely while intoxicated. I think there are millions of others like my friend out on the road: reckless, clueless, but otherwise good-natured people who would be devastated if they ended up hurting someone due to their drunk driving. Not saying this to excuse the behavior, cause I do think it's clearly a form of willful negligence that's worthy of punishment. ...​

-ERD50

 

[Marita40]

National news is just reporting today on how driving deaths are way up, with texting and cell phone use a prime cause.

 

[MRG]

OP,
Good choice. Without represention the insurance companies try to eat you. To my knowledge compensation is based on expenses, lost wages and future estimates of cost. Your insurance company may come after you for any compensation you received. I belive their ability to collect their costs varies by state.

All good reasons for an attorney.

 

[ikubak]

I walk to work occasionally. While walking and wearing sunglasses, I get a good look at what people are doing in their cars. I would estimate around 25% are texting and driving. It is alarming to see people cruising down residential streets at 25-35 mph looking at their phone.

 

[zedd]

Call a lawyer now. With injuries sounds like 100k settlement.

OP here.

We have a meeting scheduled tomorrow with a personal injury attorney.

I don't know about an 100k settlement but poking around on the internet found several things of interest:
o Several references suggest that attorneys typically are keen to know what the other party's bodily injury liability coverage is. How they would get that I can't imagine.
o In my state the BIL mandatory minimum is 25k
o The other party is a licensed real estate agent

Which begs the questions:
o Is a realtor required to carry higher personal BIL?
o Was that knucklehead engaged in "business activity" in texting while driving?
o If so, Is the agent's broker potentially liable?

Ouch. Gotta go take my maintenance Oxy.

 

[Gumby]

OP here.


o Several references suggest that attorneys typically are keen to know what the other party's bodily injury liability coverage is. How they would get that I can't imagine.

That's one of the first things you ask for in discovery.

Ouch. Gotta go take my maintenance Oxy.

Please be careful with that stuff.

 

[38Chevy454]

With your injuries, and loss of working ability for your farm, an attorney is definitely a good idea. Since it was 100% other driver's fault due to stupidity, max out the potential compensation. I don't have any sympathy for ins companies, they get way more of my money than I have ever got from them.

Your truck is totaled for sure, bent frame ensured that.

 

[ShortInSeattle]

I walk to work occasionally. While walking and wearing sunglasses, I get a good look at what people are doing in their cars. I would estimate around 25% are texting and driving. It is alarming to see people cruising down residential streets at 25-35 mph looking at their phone.

I ride a lot of buses. Looking down at traffic, people are constantly on their phones. Not "glancing over at the GPS" but phone in hand, staring at it. Very scary.

I agree there should be stiffer penalties. I'm not a big fan of throwing more people in the clink, but something like a $5000 fine and the non-negotiable loss of their license for at least 1 year is a good start.

SIS

 

[Amethyst]

I'm sorry you are going through this mess. I hope you get a big settlement and your injuries heal well.

I haven't spotted too many drivers texting, but the people who leave our gym in their vehicles usually have a device clapped to their ears, even while backing out. We have to be very careful driving past banks of parked vehicles lest someone back into us (they must ignore their rearview cameras).

It reminds me of the jokes that were made about elderly drivers when I was a teenager in Florida. Only now, it's people of all ages who make even parking lots a dangerous place.

 

[Ally]

That's horrible! I'm so glad you and your little buddy are ok. I was rear ended by a lady putting in her make up.

 

[zinger1457]

Most states (46) ban texting while driving. I happen to live in one of the states (AZ) where it isn't banned. The issue of texting while driving seems to come up every year for debate in out state legislature and every year they refuse to pass any law making it illegal to text and drive. No logical reasoning in their decision, they claim they don't want the state interfering in an individuals rights. Maybe a small opening, they did just pass a law outlawing texting while driving but only for beginner (teen) drivers.

 

[GTFan]

It doesn't really matter whether the law is there or not, from what I've seen it has no effect regardless. Damn near everyone is doing something on their phones while driving.

I hate to say it but autonomous vehicles can't get here soon enough even though they will come with a whole new set of laws and accidents.

 

[cbo111]

All the more reason to make forward collision mitigation a standard feature. (it is an extra cost option on many models now). It combines radar and a camera to detect an object in front of you and if the system thinks an object in front is to close slams on the brakes very hard to mitigate or if possible avoid the rear end collision. (See Subaru adds for examples). I have not seen demos but I suspect the system might also work against some side collisions as well.

Also, cell phone companies have the capability to disable functions like texting when the phones internal gps senses movement. A couple expensive class-action lawsuits may fix the problem. I'm not for over-regulation, but there are too many stupid people out there who are endangering our lives.

 

[F4mandolin]

I don't ride a bicycle anymore.....this is one of the main reasons. Too many close calls for me to be comfortable out there. Whether texting or just careless driving......wasn't worth having near misses on pretty well every ride. And......my wife said stop.

 

[pb4uski]

I can't believe that there isn't some way that all cell phones could be designed so that if they are moving more than 2 mph and being keyed in a certain manner that they automatically shut themselves down for 2 minutes... I'm assuming that the motions to the phone of someone driving and texting would be different from someone who is a passenger and texting and that software could be designed that could tell the difference and just give the user a warning and then shut off the phone.

Or something like that.

A friend has a neat app that by putting his finger on the camera it can tell him is blood pressure, heart rate, O2 level,and a but of other stuff that blows my mind... if they can do that then they should be able to figure out how to detect people texting and driving and shut them off.

 

[zedd]

OP here.

We met with an attorney yesterday. He listened patiently, asked lots of questions while taking notes. He offered several good suggestions on what to say to their insurance adjuster. The underlying theme of his suggestions were; always tell the truth, in as brief a manor as possible and never volunteer information that wasn't directly asked. Throughout the exchange with him there was never any pressure to sign up. He strongly urged us to NOT rush into any kind of settlement with their insurance. He said that's it's been his experience that accident victims, especially ones involved in collisions as violent as mine, will continue to manifest medical problems for as much as six months after the accident.

We really liked him so taking into consideration our inexperience in dealing with legal matters we decided to have him represent me. He faxed a letter to their adjuster making it clear that he would be representing me for all bodily injury matters further stating that since liability is clearly identified he expected no resistance from them regarding medical claims.

The agreement with the lawyer excluded private property so I'll be dealing with their claims people directly. They have already contacted me with a ridiculously low low-ball offer for my truck. The fun begins. The presentation of their offer was laughable. First they derive a base price for the vehicle from some blackbox process which they don't disclose. Then they "adjust" that base using three comps. The comps they presented didn't even come close to having the options and characteristics of my vehicle. I countered with the high end value from NADAGuides. Let them put that in their pipes and smoke it

 

[zedd]

PS

Just now walked into the kitchen and pulled open a drawer using my right hand, the injuries are on my left side. Well, I felt something pop in my chest on the right side. Nope, this ain't over yet.

 

[Badger]

I see so much of this while riding my motorcycle. Too many close calls in the past. I started back after a few years in unrelated surgeries and have not been surprised by the number of people of all ages texting although there is a disproportionate number of younger folks. You with texting, loud music in the car, and sound proofing you may not wonder anymore why so many riders have loud exhaust pipes. I'm also going to be installing a 132dB horn. If they made them any louder that would fit on a motorcycle I would buy it. Most car horns are around 110dB.

Cheers!