Posts Tagged ‘Driving While Texting’


Minnesota Car Accident: DWT – Driving While Texting

Friday, January 29th, 2010

mn-driving-while-texting-1 Minnesota Car Accident: DWT - Driving While Texting Driving while texting (DWT) is dangerous. It is the new DWI / DUI. DWT is a hot topic — made even hotter now that Oprah has gotten on the bandwagon by encouraging people to make a pledge to not text or even use a cell phone while driving.

“It is my prayer that this show, this day will be a seminal day in your life,” Oprah says. “Let it be the end, the end of you using a cell phone or sending a text message when you are behind the wheel of a moving vehicle. And until we as a nation decide we’re going to change that, those numbers are only going to go up.”

All the research and statistics show that drivers that DWT pose a threat. The following gives an overview of some of the research outcomes:

  • Virginia Tech Transportation Institute found that semi truck drivers were 23 times more likely to have an accident while texting than non-distracted drivers. While texting, their eyes were off the road for an average of 5 seconds. A truck doing 55 mph travels travels the length of a football field in 5 seconds.
  • Liberty Mutual Insurance Group conducted a survey of nearly 1000 teens and reported that 37% of them found texting to be “very” or “extremely” distracting.
  • A study by the AAA found that 46% of teens admitted to being distracted behind the wheel due to texting.
  • The University of Utah found distraction from cell phone use while driving (hand held or hands free) negatively affects a driver’s reaction as much as having a blood alcohol concentration at the legal limit of .08 percent.
  • National Highway Traffic Safety Administration (NHTSA) reported that drivers that use cell phones are 4 times more likely to get into crashes with injury. They also reported that the number one source of driver inattention is use of a wireless device.
  • A study conducted at Carnegie Mellon found that driving while using a cell phone resulted in a 37 percent reduction in concentration on driving.
  • A study conducted by the Eastern Virginia Medical School showed that teens using a driving simulator while sending text messages or searching multimedia device menus changed speed, steered erratically, and, in some cases, ran over pedestrians.

The challenge we now face is to educate all drivers about the risks associated with the use of cell phones and other multimedia devices while operating a motor vehicle. Additionally, states should implement stiffer penalties for reckless, inattentive driving. If cell phone records reveal a driver was DWT at the time of an accident, the resultant fine and punishment should be increased.

“Every single time someone takes their eyes or their focus off the road – even for just a few seconds – they put their lives and the lives of others in danger,” said Transportation Secretary Ray LaHood . “Distracted driving is unsafe, irresponsible and in a split second, its consequences can be devastating. We must work together to find solutions that will prevent crashes caused by driver distraction.”

If you have been injured in a car accident, where the offender was DWT, you need legal representation to maximize your compensation. The car accident attorneys at TSR Injury Law are skilled, experienced litigators. We have recovered millions for victims of inattentive drivers. Call 612-362-0000 or submit our contact form.


Minnesota Cell Phone Usage – Driving While Texting – DWT

Friday, November 20th, 2009

mn-driving-while-texting-1 Minnesota Cell Phone Usage - Driving While Texting - DWTIt is indisputable that cell phones, PDAs, and iPods have led to distracted drivers on the road nationwide. There have been many serious accidents caused by drivers who were driving while texting (DWT):

  • In San Antonio, a public transit bus driver was sending a text message and crashed his 12-ton vehicle into the back of a stopped SUV.
  • The driver of a semi truck revealed he was texting just prior to slamming into a school bus in Florida. One student passenger was killed.
  • A Boston trolley conductor admitted he was texting his girlfriend and did not see the red light. His trolley rear-ended another trolley, injuring 49.
  • In California, a commuter train engineer sent a text message 22 seconds before the train crashed, 25 people were killed and 135 injured. The train failed to stop at a red signal.
  • In Rochester (NY), five teenaged girls were killed in a fiery head-on collision. Local officials said it was due to text messaging.

In the summer of 2008, the Minnesota law banning text messaging went into effect. It is one of the strictest text messaging laws in the country. The law states that:

169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.
Subdivision 1. Definition. For purposes of this section, “electronic message” means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.

Subdivision 2. Prohibition on use. No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.

Subdivision 3. Exceptions. This section does not apply if a wireless communications device is used:

  • 1. solely in a voice-activated or other hands-free mode;
  • 2. for making a cellular phone call;
  • 3. for obtaining emergency assistance to:
    • (i) report a traffic accident, medical emergency, or serious traffic hazard, or
    • (ii) prevent a crime about to be committed;
  • 4. in the reasonable belief that a person’s life or safety is in immediate danger; or
  • 5. in an authorized emergency vehicle while in the performance of official duties.

This is a primary offense law, meaning that you can be stopped if you are observed violating the law. The state is not sure how easy enforcement will be. They hope simply by having the law many responsible citizens will refrain from texting while driving. The state is allowing each city to decide on the amount of the fine, up to $300.

Have you been in a car accident where you think the at-fault party was texting? Contact a Minnesota Car Accident Lawyer at 612-362-0000. It is vital to subpoena phone records and interview witnesses. We will aggressively pursue all angles of your case.