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Utah Cell Phone Use and Texting While Driving Laws

admin — Thu, 12 Jan 2012 19:00:52 +0000

Utah’s Laws on Cell Phone Use While Driving

Nevada’s New Ban on Any Cell Phone Use While Driving

On January 1, 2012, a new law on cell phone use in Nevada was passed, prohibiting motorists from texting, accessing the Internet, and any handheld cell phone use while behind the wheel. Hands-free headsets are still okay to use as well as making voice calls and touching the phone to activate or deactivate it.

Fines in Nevada

In Mesquite, Nevada, fines for the first offence equals $97, $182 for the second offense, and $342 for the third offense.

The Law in Utah

Motorists in Utah can talk on their cellphones but cannot text message. The first offense in Utah equals $310.

In the past, legislators have discussed banning cell phone use period. Representative Bradley Last stated that he would like to see the data of handheld cell phone use vs. hands-free cell phone use before voting on that decision. “Data is starting to show that texting while driving is equivalent to driving under the influence,” Last explained.

Believe it or not, a University of Utah study showed that texting while driving neaerly doubled the impairment level as that of driving under the influense. That was probably a huge factor of Utah’s texting ban.

The text messaging law in Utah passed in 2009. These Utah cell phone use and texting while driving laws were considered one of the harshest laws in the U.S. According to Zero Fatalities, a state program that combats distracted driving, motorists in Utah could possibly face 10 years in prison and a $10,000 fine if they killed someone while texting behind the wheel.

Many people don’t know this, but drivers in Utah can also be cited for careless driving if they commit a traffic violation while talking on their cell phones.

Will Utah Follow Nevada?

Senator Stephen Urquhard said that “Manipulating keys takes much more concentraction.” He later stated, “I’m driving now and talking. If you were sitting next to me I’d be talking to you. What’s the difference?”

Representative Evan Vickers agrees with the ban on texting while driving but also said that he wouldn’t agree with putting a ban on simply talking on the phone. Vickers says that “So much business is conducted while driving. You can’t really legislate that.”

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Distracted Driving

admin — Tue, 13 Dec 2011 21:08:25 +0000

Texting, Emailing, and Other Deadly Driving Distractions

Texting while driving, especially with younger motorists, is still an increasing problem despite all of the criticism and legal bans. Around half of all American drivers between the ages of 21 and 24 say that they have messaged or emailed while driving. And for some odd reason, a lot of drivers don’t think it’s dangerous.

There is a national survey regarding the study of distracted driving by the National Highway Traffic Safety Administration that describes the difficulty authorities face battling texting and cell phone use while driving.

The safety administration says that at any given moment last year on the streets and highways of America, nearly one in every 100 drivers was emailing, texting, surfing the Internet, or otherwise using a hand-held electronic device. Those and other similar activies have spiked about 50 percent from last year, and that is with the rush to ban these practices. In fact, Pennsylvania became the 35th state to forbid texting while driving last month.

Officials say that they used a new methodology aimed at getting a more accurate picture of deaths from distracted driving that cannot be compared to tallies from previous years. From that new methodology, the safety administration also states that in 2010, there were an estimated 3,092 deaths from automobile accidents related to a wide range of driver distractions.

The agency takes an annual snapshot of driving behavior. They stake out intersections to count people using cell phones, electronic devices, and other distracting behavior. While more and more drivers are using electronic gadgets, motorists are deeply conflicted.

An NHTSA survey of over 6,000 drivers found that most people said they would answer a cell phone call while driving and continue to drive after answering. Almost 2 out of every 10 people surveyed said that they send texts or emails while driving. More than half of these people stated that making cell phone calls makes not difference to their driving performance, while a quarter said says that texting or emailing makes no difference. On the other hand, 90 percent says that when they are passengers in a vehicle, feel very unsafe if the driver of that vehicle is using their cell phone behind the wheel.

A large majority of drivers surveyed in the U.S. 71 to 94 percent) support bans on cellphone use. Most say that they want violators to be punished with fines of $100 or more. Almost a quarter supported punishments from $200 to $499.

For more information, read CNN’s December 13th, 2011 article, NTSB recommends full ban on use of cell phones while driving.

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AT&T Pulls No Punches With Anti-Text Video

admin — Tue, 28 Dec 2010 23:16:28 +0000

Just in case you hadn’t received the message loud and clear that texting while driving is a horrible idea, AT&T is laying it on thick, driver’s-ed style, with their new video.

If you are a person operating a motor vehicle you should not be operating a cell phone by texting at the same time. If you have ever been involved in a car accident or know anyone who has been hurt due to texting while driving then please contact us today.

Technorati Tags: at&t, car accidents, cell phones, driving, personal injury attorney, texting

Natasha Newman, a 17 year old girl, Tragically Killed in Rollover

rwt — Tue, 19 Oct 2010 18:01:12 +0000

According to news reports, Natasha Newman, a 17 year old girl from London, England was killed on Sunday, October 17, 2010, in a single vehicle rollover accident. The accident happened when the driver of the Chevy Suburban apparently lost control of the Suburban while trying to get the attention of the driver of another car from Sunrise Academy.

Natasha Newman was one of six people in the Suburban who were from the Sunrise Academy youth home in Hurricane, Utah. Another 17 year old girl, from Arlington, Massachusetts, apparently was thrown from the car and was transported to Salt Lake City, Utah in critical condition.

Our sincere and heartfelt condolences go to the family of Natasha Newman, and to the families of the other youth hurt in this tragic accident. This crash certainly underscores the need for all of us to pay more attention while we are driving. This crash apparently could have been prevented had the driver of the Suburban remembered to follow the simple road safety rules of keeping one’s attention focused on his driving and keeping control of his vehicle.

Technorati Tags: england, london, salt lake city, utah, vehicle accident

Attorney Ronald W. Truman Settles Utah Truck Accident Case for $2 Million

admin — Fri, 15 Oct 2010 14:23:49 +0000

Immediate News Release

St. George, UT, October 12, 2010 — Ronald Truman, a partner in the St. George law firm Dixon, Truman, Fisher, and Clifford, recently served as principal counsel for the plaintiff in a personal injury case that resulted in a $2 million settlement in favor of his client.

The plaintiff suffered a leg injury in a vehicle-pedestrian accident this year while visiting Utah. He turned to Dixon, Truman, Fisher, and Clifford after searching for a Utah law firm with a reputation for serving its clients best interests and fighting for a fair settlement.

“Mr. Ron Truman was in charge of my case,” the plaintiff said. “Throughout the entire process, we experienced the most polite, courteous, professional service we could ever have asked for. Mr. Truman kept us informed of every change of status as it occurred. When we worked with other members of the staff on paperwork or regarding telephone calls, we found them to be just as pleasant and professional as Mr Truman. The case ended in my favor, and I strongly believe that outcome was due to the experienced and professional people in this law firm.”

Mr. Truman is presently a Life Member of the Million Dollar Advocates Forum and a member of the Multi-Million Dollar Advocates Forum. Both are among the most prestigious groups of trial lawyers in the United States. Members of the Million Dollar Advocates Forum must have acted as principal counsel in at least one case in which their client received a verdict, award or settlement of one million dollars or more while membership in the Multi-Million Dollar Advocates Forum is awarded to attorneys who have acted as principal counsel in at least one case resulting in a multi-million dollar verdict, award or settlement. Fewer than 1% of all U.S. lawyers are members of these two organizations.

Ronald W. Truman is a graduate of J. Reuben Clark School of Law and specializes in catastrophic personal injury litigation including trucking accidents, motorcycle accidents, automobile accidents, products liability and wrongful death. The firm Dixon, Truman, Fisher & Clifford, P.C. has offices in St. George, Utah, and Las Vegas, Nevada. Its practice includes complex civil litigation in addition to personal injury cases.

Technorati Tags: attorneys, lawyers, personal injury attorney, settlements, truck accidents, utah

Semi-Truck Accident On I-15 Kills 2 People

rwt — Mon, 19 Jul 2010 15:58:31 +0000

Another Tragic Semi-Truck Accident Killing Two People on I-15

On Sunday, July 19, 2010, Russell W. Welsh and Emelda Welsh, of Finleyville, Pennsylvania were tragically killed when, according to news reports, a driver of a semi-truck traveling northbound at a high rate of speed failed to see that the traffic had slowed and swerved into the Southbound lane, killing Russell and Emelda Welsh.

This tragic accident happened on I-15, in Southern Utah, near Pentura in Washington County. Our heartfelt condolences go to the Russell and Emelda Welsh family.

According to one news report, officials believe that the driver of the semi-truck was not paying attention to existing traffic conditions. Because this accident involved a semi-truck, a post-accident drug test should be performed pursuant to the provisions of 49 CFR 382.303, which provides, in relevant part:

“(a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers: . . . (2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. (b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers: . . . (2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.”

In any accident involving a semi-truck, immediate action should be taken to prevent destruction or loss of the following important information:

1. The truck driver’s complete employment file, including but not limited to his or her qualification file and all incident reports involving the driver.

2. The truck driver’s logs and other driving records.

3. Any and all pre and post-accident drug tests administered to the driver – DOT regulations require mandatory drug testing under certain circumstances.

4. Any and all compliance audits involving the driver and the trucking company.

5. Any satellite tracking information relating to the truck and its whereabouts.

6. Any and all information contained in or from on-board data recorders, such as ECM units, also called black boxes, inclinometers, etc.

7. Records of any and all communications between the truck driver and his employer or any other person at time periods relevant to the collision.

8. Maintenance records, pre-trip inspection reports, post-trip inspection reports and annual inspection reports for the truck involved in the collision.

9. Any and all incident reports relating to the truck driver.

10. Any and all incident reports relating to the trucking company.

11. Any and all trip receipts, weight tickets, bills of waiting and other operational documents relating to the trip the driver was on when the collision occurred.

12. The truck driver’s cellular phone records for several days before the collision.

Technorati Tags: I 15, road rage, semi trucks, truck accidents

Technology Stops Texting While Driving

admin — Fri, 04 Jun 2010 15:43:02 +0000

Texting while driving is continually getting worse and Utah is getting a new technology device from a company called Safe Driving Systems. The company is putting out some new technology called the Key 2 Safe Driving Activator.

There have been thousands of stories of individuals who have lost their lives due to texting while driving and many families who have had to deal with the loss of a loved one. According to the National Highway Traffic Safety Administration cell phones are now the #1 cause for distracted driver car accidents which results in killing more than 6,000 people in the United States each year.

The CEO of Safe Driving Systems, Mike Fahnert, has mass produced Safe Driving Systems products which have been developed at the University of Utah. Mike Fahnert said “It’s going to be a combination of education, enforcement and unfortunately it may take technology to turn it off” in reply to what it would take to stop the increasing amount of stories that involve texting while driving.

Installation and Configuration

How It Works

If the product is used properly talking and texting on a cell phone is impossible in a moving car. Fahnert said “Our device sends out a blue tooth signal that your smart phone picks up.” This makes it so when a car is turned on all calling and texting is disabled. 911 and two preselected phone numbers are not blocked just in case of emergencies.

If the Key 2 Safe Driving Activator is removed then there is a tattle tale software which will notify the person who installed the software with a text message. This will be very vital for parents who install the software on their children’s vehicles.

Please pass this technology on to your family and friends, bookmark it today, send this article to everyone you know and please leave your own comments on what you think about this technology.

Technorati Tags: cell phones and driving, key 2 safe driving activator, safe driving technology, texting while driving

Texting While Driving Continues To Increase

admin — Thu, 13 May 2010 15:55:09 +0000

Utah is one of a couple dozen states that have passed a law making texting while driving a class C misdemeanor. Although the law was passed in Utah last July surveys show that drivers who are texting has gone up. A spokesperson for the health department’s violence and injury prevention program, Kevin Condra, said “Obviously people still aren’t aware that the law is in place.”

Texting While Driving Survey

According to a recent Utah Department of Health survey 26% of adult drivers text and drive daily which is up from 23% when the law was originally passed last year. This survey was performed with 2,300 drivers and revealed that men ages 18-34 are more likely to text than any other demographic group.

Don’t Let This Be You

Driver Distraction

Cell phones are now the #1 leading cause of driver distraction due to the driver being on a phone call or texting. Anytime a driver behind a motor vehicle is putting their attention away from the road they are putting themselves and other drivers and pedestrians in trouble.

Penalties for those texting while driving can be increased if they are caught for a repeated offense, someone dies in a crash where texting was involved or if texting is involved during a car accident. Exemptions are made for medical emergencies, or reporting an accident or suspicious activity to police.

Texting while driving is serious business and a great cause of concern to the Utah Department of Health and law enforcement officials.

Technorati Tags: car accidents, driving, texting, texting while driving, traffic laws

Arizona Scope Of Employment

admin — Thu, 01 Apr 2010 22:27:31 +0000

The Arizona Court of Appeals, Division One, just provided further clarification of when an employee is acting within the course and scope of his employment when the employee is on an out-of-town assignment.

In McCloud v. Kimbro, decided March 23, 2010, the court held that an “employee on out-of-town travel status is within the course and scope of his employment and subjects his employer to vicarious liability while traveling to and from a restaurant for a regular meal.” The court found this to be true even if the employee’s work shift already had ended before the employee went for the regular meal.

If you are injured by an out-of-town worker, you will want to know whether that worker was acting within the course and scope of his employment. If he was, his employer also will be liable for your injuries.

Technorati Tags: arizona, court, employee, employer, employment

Nevada Discusses Traffic Safety to Reduce Accidents

attorney — Wed, 24 Mar 2010 21:59:54 +0000

NDot Press Release: More than one person dies every other day in Nevada traffic crashes. To save lives and further reduce statewide traffic fatalities, the Nevada Departments of Transportation and Public Safety and other safety partners discussed traffic safety education during the Nevada Strategic Communications Alliance meeting held Jan. 28 in Reno.

The quarterly meeting brought together public outreach and marketing professionals from safety, transportation and law enforcement organizations across Nevada to develop public outreach efforts to reduce traffic deaths and injuries. During the meeting, new public service announcements promoting seat belts and discouraging drunken driving on St. Patrick’s Day were discussed. Also discussed was a new initiative to drive Nevada toward zero traffic fatalities.

The Strategic Communications Alliance formed one year ago, becoming the first coordinated statewide highway safety plan-related communications program in the nation. The alliance has thus far developed a statewide communication calendar establishing coordinated statewide traffic safety messages, from preventing drunken driving to promoting seatbelt use. The messages are seen throughout Nevada on Nevada Department of Transportation (NDOT) digital highway signs, Nevada Office of Traffic Safety public service announcements and other venues. The alliance is also utilizing $1 million in federal traffic safety funds for programs such as free New Year’s Eve bus rides to deter drunken driving and more. The NDOT-administered safety funds target limited funding at some of the state’s most pressing traffic safety issues.

The Strategic Communications Alliance is part of Nevada’s Strategic Highway Safety Plan. The plan brings safety, transportation and other groups from across the state together to reduce traffic fatalities through education, enforcement, engineering and emergency medical service enhancements. Since the Safety Plan’s inception in 2006, Nevada traffic deaths have decreased from 431 in 2006 to 243 in 2009, the lowest in more than 20 years.

“One fatality is too many,” alliance chairwoman and Office of Traffic Safety Administrator Traci Pearl said. “As an alliance, we dedicate ourselves to helping save lives. But, each driver must also do their part by always driving safely and attentively.”

“Wearing seatbelts and not driving under the influence are other important things every driver can do to help the work of the alliance and ensure that everyone on Nevada roads can arrive home safely,” NDOT Director Susan Martinovich said.

Further information on transportation safety and the Strategic Highway Safety Plan is available at www.drivesafenv.com and www.twitter.com/nevadadot.

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