Gainesville, Ocala & Daytona Beach Personal Injury Lawyer - Cell Phone

Help Tony Save Lives and Keep America’s Roads Safer.

Jeffrey Meldon — Thu, 17 Sep 2009 11:47:53 GMT

More of us do it every day than we’d like to admit. We know we shouldn’t; we’ve heard it’s dangerous but, we still do it. Meanwhile, one man is out to spread the word, town by town, and encourage us all to put the cell phone down while we drive. As an accident attorney and father, I applaud his efforts and want to help spread Tony's message. Here is his story:

Tony Anshutz, a former Los Angeles police officer (who now teaches SCUBA diving in Cozumel, Mexico,) is riding his motorcycle 16,000 miles in an attempt to raise awareness about the dangers associated with cell phone use while behind the wheel.

Tony became involved in the cause after meeting Dave Teater whose 12-year-old son was killed in a collision involving a driver using a cell phone. Tony is calling his adventure “Ride the Americas”, he set off on August 17 and will be stopping in small and big cities throughout North America. His goal is to promote the National Safety Council’s initiative to ban all cell phone use nationwide while driving.

Using a cell phone or smart phone while driving, in any capacity, is dangerous, and the task falls to people to self-police. Studies have shown that a driver’s level of distraction while talking on a cell phone can rival that of a person who is intoxicated. Furthermore, when we text and drive, the problem is even worse because now our eyes are not even on the road. Cell phone use while driving is the cause of 636,000 crashes and 2600 deaths annually.

Tony will be sharing stories and statistics about cell phone use including the fact that drivers using cell phones are 4 times more likely than other drives to be in a crash. Tony does not think that technology itself or cell phones in general are bad or dangerous but he says “as we become dependent on it, we must also adapt our behavior to its dangers.”

While Tony is traveling the roads of North America, he will be uploading images and logging his progress. To follow Tony’s progress as he rides across the Americas, visit http://www.ridetheamericas.com/ or join his Facebook group.

The websites include action items you can take to promote safety and the cell phone ban initiative through your own behavior, urging others to change or even by making a donation. Help Tony save lives and keep America’s roads safer.

Originally posted at InjuryBoard by Jeffrey Meldon

Texas Takes The Lead! But, We Floridians Can Also Protect Our School Children–Find Out How:

Jeffrey Meldon — Tue, 25 Aug 2009 14:53:33 GMT

Starting September 1^stin Texas, it will be illegal to talk on a cell phone in an active school zone unless: the car is stopped, a hands-free device is used, or in an emergency.

As we welcome a new school year in Alachua County, I wonder why Florida, or any state, wouldn’t also want to enact such a ban to protect our school children?

As an accident lawyer, it makes complete sense to me: small children + big cars + chatting/texting drivers = a very dangerous mix! We are required to reduce our speed from 35mph to 15 mph in most school zones for a reason – to be safe and focus drivers’ attention on the road because there are children around.

It is illogical then, if the purpose of a school zone is to create a zone of safety around a school, that the legislature would permit drivers to engage in dangerous behavior that:

decreases a person’s reaction time three times more that of a drunk driver (texting) and
is the equivalent to driving drunk (chatting on a cell phone).

The key to safe driving is to focus attention on the road and to keep both hands on the wheel. There is no question about the dangers cell phones bring to the road. Nearly nine months ago, the National Safety Council called for a nationwide ban on cell phone use while driving. The studies are clear and the data is alarming. Yet it remains legal in Florida, despite reports from the Governor’s Highway Safety Council showing that 80% of crashes are due to driver inattention - with cell phones being the #1 culprit.

(As a reminder, when it comes to the proven inattention to the road that cell phones cause, research has shown that hand-held or hands-free makes no difference as it is a brain distraction, not a hand problem.)

I applaud the efforts of the Texas Legislature to protect their school children. I urge every Floridian to do the following:

Follow Texas’s lead and get off the cell in school zones (even hands-free); we don’t have to wait until it becomes the law.
Contact your state Representative or Senator and urge them to follow the lead that has been set by Texas.

Originally posted at InjuryBoard by Jeffrey Meldon

Asleep at the Wheel?

Jeffrey Meldon — Tue, 28 Apr 2009 10:14:52 GMT

A big rig driver battles drowsiness on a 40-hour haul, a cell phone distracts him, and a school bus is stopped directly ahead on a busy highway in afternoon traffic.

Such was the horrifying scene in September 2008 when an 18-wheel tractor trailer slammed into the rear of a school bus that was safely stopped on U.S. 301 near Citra, Marion County, Florida leaving one 8^th grade student dead and a school bus in flames.

As an experienced accident attorney (personal injury lawyer) proudly serving Ocala and the surounding area I strongly urge legislative reform to:

Create a zero tolerance policy for truck drivers and cell phone use while driving
Reduce the number of hours truckers can consecutively and cumulatively drive;
Force trucking companies to take responsibility for their drivers; and
Move school bus stops away from highways.

Florida Highway Patrol’s (FHP) final analysis of the tragedy highlights many troubling facts. FHP issued a statement this week, naming sleeplessness as the main culprit. One witness reported that the driver may have been asleep because the truck did not even attempt to swerve to avoid the school bus.

Disturbingly, however, it is reported that only moments before the truck smashed into the school bus, the trucker had finished a cell phone call and placed the phone in the cup holder. FHP’s analysis seemingly discounts the cell phone as a contributing factor, even though it is widely accepted that cell phone use while driving is as bad as driving drunk with a .08 blood alcohol level. Studies show that motorists who are distracted by cell phones are about five times more likely to get in a car accident than undistracted drivers. Plus, drivers who use their cell phones are about 9 times slower to hit their brakes. Big rigs and cell phones don’t mix!

Also alarming is Comtrak, the trucking company, and its lack of oversight of the trucker’s travel log and federal sleep requirements. According to Comtrak’s website, it has more than 650 18-wheel tractor trailers in the Southeast. That is 650 potential accidents waiting to happen because of driver drowsiness. A greater oversight regarding the drivers’ travel logs may reduce the number of fatalities caused by overwork and sleeplessness. It’s time for trucking companies to take responsibility!

More concerning is the failure of Rep. Chuck Chestnut’s bill, filed in February 2009, to prohibit school districts from locating school bus stops on busy highways. Motivated by the death of the 8^th grade student, Rep. Chestnut, Gainesville, lobbied to remove all bus stops from highways by 2011. Tragically, the bill was opposed by school officials and failed in the Legislature this year. How many more lives will we lose before the Legislature takes action to protect Florida’s school children on busy roads? School busses stopped on high-speed highways are sitting targets for semis!

Are truckers the only ones asleep at the wheel?

Originally posted at InjuryBoard by Jeffrey Meldon

Reaction to Ocala Bus Tragedy

Jeffrey Meldon — Thu, 02 Oct 2008 15:38:54 GMT

Only days after the tragic death of middle school student Frances Schee--caused by an accident between the school bus on which Frances was riding and a tractor trailer--Elissa Schee, the mother of Frances, has publicly declared her intentions to present a comprehensive review of all school bus stops in Marion County to a public safety committee. The tractor trailer driver has admitted to being distracted by his cell phone immediately before the collision occurred.

As part of this review, Ms. Schee advocates eliminating bus stops that are located on major highways. In the alternative, Ms. Schee suggests using public facilities and churches as central bus stop locations for parents to drop off and pick up their kids, with a law enforcement or public safety officer assigned to each designated station. If the bus stops cannot be moved, then concrete pads should be installed on the side of roads for the safe loading and unloading of children. A third option is to relocate the bus stops to side roads that intersect highways.

Ms. Schee admits that she and her fellow group of concerned parents "are not experts in anything, except how to be a parent, so to everyone who wanted to know what expertise we have, none except good old-fashioned North Marion County 'Horse Sense.'" In one of two released public statements, Ms. Schee expressed her frustration with lawmakers and other governmental officials: "No more talk from the people in charge of this process currently of Laws, Rules and Regulations can be or will be tolerated. If bureaucrats get in the way of a solution then they need to seek other employment opportunities."

Ms. Schee's loss is incomprehensible to most of us, and her fervent desire to preclude the occurrence of another tragedy is both understandable and laudable. Notwithstanding these points, one cannot help but wonder whether her suggestions address the broader issue and, more importantly, help remedy it.

Originally posted at InjuryBoard by Jeffrey Meldon

Driving While Using a Cell Phone Issue Becomes Reality In Our Community

Jeffrey Meldon — Fri, 26 Sep 2008 17:38:19 GMT

On September 23, 2008, thirteen year-old Frances Schee was killed while riding the bus home from North Marion Middle School. The school bus made a routine stop on U.S. 301 when a tractor-trailer rear-ended it just outside of Ocala, pushing the stationary school bus forward 294 feet. The driver of the truck, Reinaldo A. Gonzales, immediately jumped out of his cab before the vehicles stopped; shortly thereafter, both vehicles caught on fire. The cab of the tractor-trailer completely burned, while the back of the school bus incurred significant flame damage and the rear seats were crushed. Rescue workers and bystanders rushed into the burning bus and rescued the children from the flames. Sadly, they could not reach Frances Schee in time.

Shortly after the accident, Mr. Gonzales made two significant statements. He told a fellow truck driver that he did not see the school bus. He also stated that he was using his cell phone immediately before impact.

While the facts and evidence are still being collected, it is not difficult to deduce from Mr. Gonzales's own statements that he did not see the school bus because he was distracted due to operating his cell phone. The potential dangers of using a cell phone while driving are far from a recent issue. Furthermore, cell phone related motor vehicle accidents have increased at a frightening rate over the past 15 years.

Yet even with these unavoidable facts staring every cell phone user and motorist straight in the face, cell phone usage in the car is more prevalent today than ever before. How many more tragedies like the one outside of Ocala must occur before this issue is taken seriously?

Currently, only five states and the District of Columbia have enacted laws that forbid using a hand-held cell phone while operating a motor vehicle (California, Connecticut, New Jersey, New York, and Washington). And although another 16 states have passed "partial ban" laws, they are mostly toothless, prohibiting a small sect--such as bus drivers or teenagers with learner's permits--from using a cell phone wile driving. Countries such as Brazil, UK, France, Japan, and Australia have passed strict laws forbidding this practice.

The key to safe driving is focus and the avoidance of distractions. In fact, it has been reported that using a cell phone while driving equates to driving after consuming four alcoholic beverages. This statistic begs the following question: Why is there such a disproportionate amount of concern (and laws) pertaining to drinking and driving as opposed to using a cell phone and driving? Frances was tragically killed because Mr. Gonzales was not focused on driving. His lack of focus, however, was not caused by alcohol or another substance; rather, it was caused by his cell phone.

Originally posted at InjuryBoard by Jeffrey Meldon