Florida Cell Phone Law Set to Pass After Fatal 18-Wheeler Accident

Posted on January 28, 2009 by Truck Accident Lawyer

Proposed legislation in Florida, in memory of the victim of an 18-wheeler accident involving a driver who was text messaging, got a boost last week when a safety group called for a complete ban on cell phone use by drivers.

Last week, National Safety Council President Janet Froetscher compared talking on a cell phone while driving to driving under the influence of alcohol, saying the two are equally hazardous.  Cell phone use – including talking, text messaging or sending emails – has been a silent, but deadly killer, contributing to an increasing number of accidents every year. Studies have shown that the distraction caused by cell phone use behind the wheel impairs a person's driving ability to the same extent that driving while intoxicated does. In recent years, across the country, there have been several high profile auto and truck accidents linked to the motorists' use of cell phones while driving. Most of these accidents resulted in severe injuries and fatalities. Yet, only 6 states have passed legislation placing serious restrictions on the use of cell phones behind the wheel. Currently, California, New Jersey, Washington, Connecticut, New York and Utah ban the use of hand held cell phone devices while driving. However, no state enforces a complete ban on all cell phone use behind the wheel.

The call by Froetscher has not gone unnoticed by lawmakers and truck accident lawyers, who are also calling for greater restrictions on cell phone use by drivers. The proposed law is called “Heather’s Law” and is named after Heather Hurd who died in an 18-wheeler accident in 2008, when a big rig driver crashed his vehicle into 10 cars that were stopped at a traffic signal. The impact killed Heather instantly. Investigations later showed that the driver of the 18-wheeler was text messaging at the time of the accident. Since then, Hurd's parents have been campaigning to ban cell phone use by motorists, and to get the bill (Senate Bill 172) passed. The bill would impose restrictions on using cell phones for talking or text messaging, with some exceptions for hands free devices and emergencies.  Florida has no existing rules related to cell phone use by motorists, so it may be over optimistic to expect a complete ban on all cell phone use behind the wheel.

Cell phone use by any motorist is dangerous, but when the driver of an 18-wheeler is distracted by text messaging, the potential for serious accidents is great. Most auto safety rules were formulated before cell phones became such an integral part of American life. Now that they are here to stay, it's important to revise existing laws in order to eliminate one of the biggest sources of distraction for all motorists.

Driver Negligence

Using a cell phone while driving is only one way 18-wheeler drivers can be negligent, contributing to serious accidents.  Pursuing claims in a big rig accident where the truck driver was distracted by cell phone use can be difficult. It is left, then, to investigation officers and truck accident lawyers to examine drivers' safety records and other information to prove truck driver negligence.

If you have been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold and Itkin LLP for a free consultation.

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18-Wheeler Falls Off Ramp in Baton Rouge, Florida; No Injuries Reported

Posted on January 14, 2009 by Truck Accident Lawyer

In an early morning accident in Baton Rouge, Florida, an 18-wheeler attempted to make a turn onto the interstate and rolled off the onramp; fortunately there were no injuries. 

The driver attempted to turn onto I-110 from Florida Boulevard, miscalculated the turn, and fell off the ramp. Fortunately, because of the early morning hours, there were no vehicles in the area the big rig landed. No injuries have been reported. Fuel from the 18-wheeler, however, did spill onto the road; crews performed an emergency clean up of the area. There is no detailed information on the causes of the accident. 

As truck accident attorneys, we constantly come across cases in which driver negligence contributes to a collision. No matter what the conditions of the road; weather conditions, time of day or night, or the kind of traffic around, a truck driver must exercise great precaution while operating a vehicle. Due to its massive size and weight, an 18-wheeler is difficult to navigate and requires specialized techniques when backing up and turning. For instance, a big rig requires a large turning radius which must be accounted for, by the driver, when making the turn.  Even a minor miscalculation can result in catastrophe. In this particular accident, there seems to have been a miscalculation when defining the turning radius. In a case like this, it is also prudent to assess the driver's fatigue level at the time of the accident. Drivers who work long hours without adequate rest may be prone to making such mistakes.

It is fortunate that this accident did not result in any injuries or casualties. If there had been any vehicles in the area when the big rig rolled off the ramp, the resulting injuries could have been catastrophic.

Truck Accident Litigation

Pursuing damages claims in a truck accident can be an intensive process requiring the conduct of independent investigations to ascertain responsibility for the accident. At Arnold & Itkin LLP, our truck accident lawyers have years of expertise and experience litigating successful big rig accident lawsuits around the country. 

If you or a loved one has been injured in a big rig accident, contact an 18-wheeler attorney at Arnold & Itkin LLP for a free consultation.

 

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