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California Tries to Curb Driving Distractions
New California laws attempt to decrease the number of deaths caused by car accidents. It is now a violation of the law to use a hand held cell phone while driving. Drivers over the age of 18 may use a hands-free device, such as Bluetooth.
April 08, 2009 /High School PR News/ -- California has some of the most congested roads in the nation. The Bay Area is no exception. Unfortunately, the more people traveling on a roadway, the more likely there is to be an accident, particularly on one of this area's busy interstates and highways, such as I-680, I-580, I-280 and Highway 101.
A number of factors can cause auto accidents -- dangerous road conditions, bad weather, drunk drivers or other drivers who aren't paying attention to the road. Distracted drivers are the cause of countless preventable accidents on the state's roadways every year. The National Highway Transportation Safety Administration (NHTSA) estimates that at least 25% of all automobile accidents are caused by distracted drivers.
Drivers may be distracted by:
• Passengers in the car
• Loud music
• Eating
• Talking on the phone
• Text messaging
• Watching television
Rear-end collisions are one of the most common types of accidents caused by distracted drivers, who are more apt to run into a car stopped in traffic or traveling slowly during rush hour. While these accidents are more likely to result in fairly minor injuries, not all of them do - catastrophic injuries and even death can result all because of another driver's negligence.
In an attempt to decrease the number of accidents caused by distracted drivers, the California legislature passed two new laws aimed at telephone use and text messaging while driving:
• The California Wireless Telephone Law (effective July 1, 2008)
• The California Wireless Communications Device Law (effective January 1, 2009)
The California Wireless Telephone Law (Vehicle Code §23123), or the "Hands-Free Law," makes the use of any hand-held wireless telephone while driving a motor vehicle a violation of the law. Drivers age 18 and older may use cell phones so long as they use a hands-free device, like Bluetooth. However, drivers under 18 may not use any cell phone while driving, regardless of whether they have a hands-free device.
Under the law, drivers are permitted to read, select and enter phone numbers, although they are "encouraged" to refrain from doing so. Drivers also may put their cell phones on speaker phone so long as they do not hold the phone while using this function.
There are a few exceptions to this law, including the emergency exception. In cases of true emergency, drivers may use a hand-held phone to contact emergency services, such as the police, fire department or ambulance, for example. This exception also applies to drivers under the age of 18.
Exceptions also exist for certain classes of drivers who use two-way radios, like farm vehicles, tractor trailers and tow trucks. Additionally, the law does not apply to emergency vehicle drivers while they are working or drivers on privately owned property.
The California Wireless Communications Device Law (Vehicle Code §23123.5), or the "No Texting Law," makes writing, sending or reading text messages while driving a violation of the law. This prohibition applies equally to all drivers, regardless of age.
Those charged with violating either of these provisions may receive a base fine of $20 for the first violation with fines increasing to $50 for subsequent violations. These fines also may be increased, depending on the circumstances, up to three times the base fine (or $60-$150). While convictions for violating either law will appear on a driver's driving record, they do not result in points against the driver's license.
It may be too soon since the passage of these laws to determine the effect they ultimately will have on preventing accidents. There remain serious questions about the enforceability of these laws and whether the meager penalties will deter drivers from continuing to text and use hand-held cell phones while driving.
Enforceability questions aside, other states that have enacted similar provisions uniformly have seen a drop in the number of traffic fatalities. The Public Policy Institute of California estimates that the Hands-Free Law alone will save 300 lives per year. This number represents an overall annual 7% drop in car accident fatalities in the state. Further, national research unequivocally shows that drivers using cell phones and texting while driving pose significant distractions to drivers and impairs their ability to react appropriately to driving conditions.
Jack Bloxham, Esq., has been providing legal representation to injured people in the Bay Area for more than twenty-two years. His system is so effective that over 95% of Mr. Bloxham's cases are settled without litigation. Mr. Bloxham is experienced with representing amusement park injury victims and has obtained significant settlements in other Northern California cases. For more information about the Injury Law Center visit http://www.jackbloxham.com, or to schedule an appointment with Attorney Jack Bloxham, please call 925-280-4800.
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Jack Bloxham
Injury Law Center - Jack Bloxham
Personal Injury Lawyer
2099 Mt. Diablo Blvd., Suite 201
Walnut Creek, CA
United States 94596
Voice: 925-280-4800
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