A. Gary Bell Automobile Accidents Law Blog on Lawyers.com

Welcome to the very first article in a new series of short articles written by the personal injury attorneys in Denver at Bell & Pollock.  These articles will focus on REAL legal issues affecting Coloradans.  We urge you to not only read our articles, but also to leave your comments and questions below, the best of which the authors will TRY to answer. 
And, as always, if you or a loved one has been injured in an accident in Colorado, and you are looking for attorneys with over three decades of litigation experience, call the attorneys at Bell & Pollock.  Contact an attorney at our Denver offices in Greenwood Village, Colorado, or at our office in Steamboat Springs to schedule your free initial consultation with one of our attorneys.  You will owe no attorney fees unless you receive money for your claim.  Let the Champions of the People be your champion.

Texting While Driving - Dangerous, Illegal, and Stupid
By T. Nicholas Trost, Esq.

The dangers of texting while driving catapulted back onto the front pages last week following the death of Hollywood’s “plastic surgeon for the stars,” Dr. Frank Ryan.  Luckily no one else was injured in the single-car crash, which occurred when Dr. Ryan’s Jeep Wrangler careened off the edge of a cliff on the Pacific Coast Highway.  Adding a new layer of intrigue to this tragic accident, The California Highway Patrol recently confirmed that Dr. Ryan was texting just before the crash that cost him his life.  With critics lambasting newly enacted text message restrictions, including Colorado’s House Bill 1094, Dr. Ryan’s death is a sobering reminder of just how hazardous texting while driving can be.
“It’s All Academic”
As originally reported by the New York Times, scientists at The Virginia Polytechnic Institute and State University recently confirmed what many of us have experienced firsthand: that texting and driving just don’t mix.  The study entailed outfitting the cabs of long-haul trucks with video cameras over an 18 month period and found that when the drivers texted while driving, they increased their collision risk 23 times.  Stunningly, researchers also found that the drivers involved in crashes typically spent nearly five seconds looking at their mobile devices, easily enough time to cover the distance of a football field at typical highway speeds.  The results of this study are supported by a similar report published by The University of Utah, which also found that drivers took their eyes off the road for around 5 seconds while texting.  The Utah study also found an eight times greater risk of being involved in a car crash when texting.
As bad as drunk driving?
The above statistics become even more frightening when you consider a 2009 Survey conducted by the AAA Foundation for Traffic Safety, which reported that while 95% of drivers considered texting while driving unacceptable behavior, 21% admitted to having recently texted or sent email while driving.  The same survey also found 87% of people believe that drivers texting or emailing pose a “very serious threat,” nearly equaling the 90% who consider drunken drivers a threat.  Similarities between these two dangerous behaviors can be found at every turn – just substitute a T for the I in DWI and you get the slightly less catchy acronym: DWT, or “Driving While Texting.” 
DWT is currently a hot topic in Washington as well as state capitol buildings across the country, with numerous states, including Colorado, enacting legislation making the practice illegal under state law.  As a sign of the growing movement against DWT, the Wall Street Journal reported that CTIA-The Wireless Association, the wireless phone industry’s main Washington lobbying branch, now officially supports bans on texting.  The U.S. government has also gotten involved, with the U.S. Department of Transportation establishing a website exclusively devoted to educating the public on the dangers of distracted driving:  www.distraction.gov. 
Legalese
From a legal standpoint, here’s what you need to take away from all this.  Colorado is now one of 24 states that officially ban texting while driving, and you can read the text of House Bill 1094 here.  Under the new law, DWT constitutes a Class A Misdemeanor, with a first offense fine of $50 if a police officer observes “text messaging or other forms of data entry” on a wireless telephone during the operation of a motor vehicle.  Your second offense will cost you $100.  Also, parents should know that drivers who have yet to celebrate their 18th birthday are absolutely banned from using their cell phones while driving, except during an emergency or to contact a public service authority.
If you are injured in a car crash and you think the other party was texting, you should be sure to notify the investigating officer, any insurance representatives involved, and most importantly, your attorney.  This could very well aid your claim.

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The Bell & Pollock Legal Blog (hereinafter “Blog”), and all content contained therein, including but not limited to, posts, comments and links, are for educational and information purposes only. They are not legal advice or legal opinions.  We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this Blog.  Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between Bell & Pollock, its attorneys, and/or the Blog’s authors, and you.  The author and/or attorneys at Bell & Pollock, its employees, agents, or others that provide information on or through this Blog will not be liable or responsible to you for any claim, loss, injury, liability, or damages related to your use of the information contained in this Blog or to any site linked to this Blog.

If you or a loved one has been injured, call the law firm of Bell & Pollock, P.C., 303-795-5900 www.bellpollock.com  Denver Injury Attorneys, Champions of the People