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The huge toll in deaths, injuries and property damage on America’s roads make one thing clear: driving is serious business. But how many treat it seriously, keeping both hands on the wheel, watching roads at all times and resisting distractions, whether changing a radio station, grabbing some fast food or ogling a billboard? Now one distraction tops all: dialing, talking or texting on cell phones. An estimated three-fourths of Americans are guilty of cell phone driving, a distraction that’s been blamed in countless collisions or cell phone accidents. The safest solution is simple: abstinence. Place your calls before hitting the road, not when you get behind the wheel. Then try to ignore your phone while driving; your phone mail will pick up a message. But if you must receive a call immediately, have the phone handy so you can answer with as little diversion as possible. Many don’t do this. They indiscriminately dial, text and talk on America’s roads, where even a second’s lapse in attention can be deadly. As a result, an estimated 2,600 deaths and 330,000 injuries are caused annually in cell phone accidents by driver negligence during cell phone use. States, nations address the distraction Some states have addressed this problem by passing laws limiting use of handheld cell phones in vehicles. One is California, whose new law, launching July 1, 2008, prohibits people from driving while using a handheld phone, with some exceptions. Drivers may use a phone if it has a headset or speaker that allows hands-free listening or talking. But California drivers under 18 cannot use a phone of any kind, unless in an emergency. California joins four other states -- Connecticut, New Jersey, Washington and New York – along with the District of Columbia and Virgin Islands to prohibit driving while using handheld cell phones. These states also allow “primary enforcement,” meaning a law officer can pull you over strictly for driving while on a handheld phone. D.C. and 17 states, including Texas, restrict cell phone driving by novice drivers (those under 18, or any driver with a learner’s permit). Washington and New Jersey have banned text messaging for all drivers. Fifteen states and D.C. have banned cell phone use by school bus drivers carrying passengers. Worldwide, 25 countries prohibit or restrict using handheld cell phones while driving. Safety tips can help prevent cell phone accidents If you’re allowed to use a cell phone in your state, you can reduce risk by observing safety tips: Restrict calls while driving, especially in bad weather or heavy traffic. Keep calls brief and avoid emotional topics. Ask a passenger to make or take a call for you. Pull over and stop safely before making a call. Program often-called numbers into your phone to reduce dialing while driving. Keep your phone within reach. Employers, not providers, can be liable in a lawsuit If another driver is at fault due to cell phone distractions, and you are the victim, you may be able to obtain legal compensation. Drivers who cause a collision while talking on a cell phone can be charged with negligence, and a cell phone accident lawyer may bring a personal injury lawsuit against them. Some victims also have been successful in lawsuits against the business that employs a cell-talking driver, provided that driver was engaged in business while talking. Millions of dollars in damages have been awarded to victims who sue such businesses. Such lawsuits have prompted some companies to demand that employees not use cell phones while driving, or at least use hands-free headsets. Yet no successful lawsuit for negligence has been carried out against the provider or carrier of a cell phone service. In particular, an Indiana court held that a cell phone company was not responsible for an auto accident in which its phone was used by a negligent driver. Jim S. Adler & Associates, your resource for a tough, smart cell phone accident lawyer.
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