Nevada Considering ‘Textalyzer’ Cellphone Scan Technology For Police Use

Nevada Considering 'Textalyzer' Cellphone Scan Technology For Police Use - Reyes Browne Reilley

Although texting while driving is already banned in many states, one state is considering taking this safety measure to the next level. Nevada could potentially pass a legislation which would grant law enforcement officers the ability to search through drivers’ cell phone usage history after a car crash.

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Utah Lowers Legal BAC to 0.05% to Reduce DUIs

Angel Reyes III Dangerous Behavior, Distracted Driving, In The News

Utah Lowers Legal BAC to 0.05 to Reduce DUIs - Reyes Browne Reilley

While drunk driving accidents have been on the decline over the past three decades, many states across the country are starting to strengthening their regulations in the hopes of preventing the reported 11,000 people killed in such accidents nationwide.

Last December, Utah lowered their legal driving blood alcohol content limit to 0.05% in hopes of decreasing the amount of D.U.I arrests. At an average of 30 D.U.I arrests/day, Utah already holds the record for the lowest number of daily D.U.I. arrests across the country. Already recognized as the most heavily restricted state for alcohol distribution/consumption, this new legislation has angered many, including those from the American Beverage Institute, a trade group that is working with bars and restaurants against the new law. “Someone with a 0.05% blood alcohol level is not meaningfully impaired,” says the managing director, Sarah Longwall.

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U.S. Traffic Deaths Exceed 40,000 for the Third Year in a Row

For the third year in a row, there have been more than 40,000 traffic deaths throughout the United States. Although this number is startlingly high, there has been a slight downward trend over the past two years.

In 2017, the traffic death toll of 40,231 decreased by slightly less than 1% compared to 2016’s count of 40,327. The National Safety Council reports that 2018 is down another 1% with an estimated 40,000 traffic fatalities.

Annual Motor Vehicle Fatality Estimates - NSC

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The Greatest Risk For Teenage Drivers? Lack of Experience

The Greatest Risk For Teenage Drivers? Lack of Experience

Adolescents are known to take chances, succumb to peer pressure, overestimate their abilities, and have emotional mood swings. Each of these behaviors can increase the likelihood for the teenage driver to be involved in an automobile crash. Investigations have shown that “the cause of teenage crashes is not the skill with which they can drive, but the judgment they exercise while driving,” according to an editorial in the Journal of Adolescent Health.

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Car Accident Fatalities Drop Significantly in 2017 and 2018

Car Accident Lawyers RBR Law - Car Accident Fatalities Drop Significantly in 2017 and 2018

According to The National Highway Traffic Safety Administration, traffic casualties fell by 1.8% for all of 2017. This came as a welcome relief after the sharp rise in deaths in the past several years. The National Safety Council states that from 2014 to 2015, traffic fatalities rose 7%, which marked the steepest two-year increase in over 50 years. 2016 brought an additional increase of 7%.

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Who’s Liable When Teen Drivers Have Car Wrecks?

Angel Reyes III Auto Accidents, Dangerous Behavior, Distracted Driving

shutterstock_909878241-300x199Statistics show that teens are among the most dangerous drivers. This is not news to any of us. Many teens are just irresponsible, while others simply don’t have the experience necessary to be good drivers. The fact is that drivers between the ages of 16 and 19 are the most dangerous drivers. According to the National Traffic Safety Administration, for each mile driven, teen drivers are approximately four times fore likely to be involved in an accident with another driver. They’re also involved in four times more fatal accidents than drivers between the ages of 25 and 69. Teens account for about ten percent of the population, and twelve percent of all fatal car wrecks.

So given these statistics, the question becomes, “Who is liable for these driving mistakes – the teen, the owner of the vehicle or the teen’s parents?” The following are some situations to consider when answering that question.

A Teen Crashes a Family Vehicle

Chances are, a teen is driving a vehicle that’s owned by the parents or guardian, who can be held liable for “negligent entrustment.” Further, most states will hold parents liable for damages while driving a family car under what is known as the “family car doctrine.” But even if states don’t have this doctrine, parents may be found negligent and responsible for the damages.

A Teen Crashes a Friend’s Car

If a friend owns a car and allows a teen to drive it, that person may be held liable for damages if the teen is involved in an accident. This is called “owner’s liability” in some states. A driver injured by the teen may sue both the teen and the vehicle owner. However, chances are the owner or his insurance company may end up paying for damages.

An Uninsured Teen Is in a Crash

Often insurance plans have a separate policy for uninsured motorists. This is beneficial for victims, and also means that insurance companies may make the teen pay for damages. If the teen driver is on the vehicle owner’s insurance policy, both parties’ insurance companies would work out the claims based on the owner’s policy limits and coverage of damages.

But with this scenario, injured parties and their insurance companies can sue any of the parties involved – owners, teen drivers, parents – to collect damages to themselves, their vehicle or their property.

If you live in the Dallas area and have had an accident involving an uninsured teen, your next step should be to contact a Dallas car accident attorney.

If You’re Yawning Behind the Wheel, You’re out to Kill

Angel Reyes III Distracted Driving, Safe Driving

bigstock-216694456-1024x647Chevrolet has been sending a safety engineer across the county to raise awareness of the risks of drowsy driving. Fatigued driving accidents are commonplace and particularly dangerous because a sleepy driver is slower to react and brake or swerve to avoid a collision. A drowsy driver may actually nod off behind the wheel and crash at full speed.

Chevrolet is asking local and national journalists to try the car manufacturer’s drowsy driving simulator. It consists of a 23-pound suit to cause the sluggishness your body feels when fatigued, and goggles that replicate frequent blinking associated with drowsy driving.

“As you get tired, the way we can tell is by your percent of eye closure, so every 10 seconds, the goggles close for one second; this represents being a medium level of drowsy, and mimics your eye pattern when you’re tired,” Maureen Short, a human factors expert and senior safety engineer for Chevrolet, told an NBC News reporter. “If you’re truly drowsy and you nod off, it can be 2 to 4 seconds of eye closure at a time.”

Once suited up, participants in the drowsy driving simulation were asked to drive at a test track. “My instructions to keep the car at a constant 20 mph suddenly became a whole lot harder, and I found myself struggling not to ride the brake,” New York Daily News reporter Dan Gessner wrote. “Sharp corners became dreadful, and the weights on my arms, legs and chest weren’t helping either.”

The test drives were at 15-20 mph. Short reminded the NBC reporter, who complained of slowed reaction time due to the fatigue-mimicking weights, that at 60 to 70 miles per hour on a highway the fatigued driver covers a lot more area while reacting more slowly, which greatly increases the risk.

The Risks and Signs of Fatigued Driving

Driver fatigue may contribute to 9.5 percent of all motor vehicle crashes and 10.8 percent of crashes serious enough to be reported to police — far more than federal estimates indicate, the AAA Foundation for Traffic Safety says.

In the National Sleep Foundation’s Sleep in America poll, 60 percent of adults admitted to driving while drowsy and 37 percent admitted to having nodded off or fallen asleep while behind the wheel. A more recent Sleep Health Index published by the foundation found that 3 percent of Americans — equal to 7 million people — admitted to having fallen asleep at the wheel within two weeks of answering the survey.

Fatigued Drivers Put Everyone on the Road at Risk.

Part of the problem is that drowsiness occurs over time. Drivers can miss its signs until they are fatigued, which damages their decision-making — including deciding whether to stop driving.

Signs that you are fatigued and should not be driving include:

  • Repeated yawning. Yawning indicates a brain not fully awake trying to stimulate itself by increasing oxygen intake. Repeated yawning means your body needs sleep.
  • Repeated blinking. As you tire, your eyes dry out, and blinking is a means of wetting them. The inability to keep your eyes open is also a matter of the muscles in the eyelids being overly stressed. As you instinctively reach to rub your eyes, it is like rubbing a sore calf or arm muscle to keep going.
  • Memory lapse. If you suddenly feel like the last couple of exits or last few miles went by without notice, you are too tired to be driving. Lack of sleep impairs the ability to focus and learn, which are required before short-term memory can occur.
  • Lane deviation. Going back and forth within your lane, drifting from lane to lane and/or hitting the rumble strips on the side of the road indicate you are not controlling the vehicle. Your fatigue is causing you to be unable to focus and/or handle the physical task of steering correctly.
  • Unsafe driving. Making mistakes or driving badly, like creeping up on a vehicle and tailgating, braking suddenly and too hard or for no reason, or missing a speed limit change, stop sign or other signage may indicate that you are dozing off.

Your vehicle may have safety features that indicate problems related to drowsiness, such as lane departure warning, lane-keep assist or collision warning and automatic braking. If such a warning was to alert you once, it should serve as a wake-up call. But if you are warned more than once, you are likely incapable of fully waking up, and should not be driving.

Technology Trying to Tackle Fatigued Driving

Eventually, vehicles may be equipped with technology that specifically addresses drowsy driving.

Several manufacturers, including Audi, Mercedes and Volvo, already offer warning systems that monitor a vehicle’s movements, such as steering wheel angle, lane deviation, time driven and road conditions, according to The New York Times. Other manufacturers and automobile suppliers are working on technological solutions that focus on driver behavior to warn of fatigue before it creates a driving hazard.

The Japanese company Sumitomo Riko Co. Ltd. has developed a new seat cushion that uses conductive rubber electrodes to detect when a driver becomes fatigued and is at risk of falling asleep at the wheel.

Meanwhile, Panasonic has developed an in-car system that detects driver drowsiness with a camera and sensors that measure the driver’s blinking, facial expressions, heat loss from the body, and the car’s internal lighting. It adjusts the car’s internal environment – temperature, air flow, brightness — to help rouse the driver.

The Solution to Drowsy Driving? Stop!

Regardless of driver assistance technology, unless and until cars are equipped with drowsy driver lock-out systems, it remains drivers’ responsibility to pull over and stop when they are fatigued. It is a mistake to rely on tricks such as caffeinated drinks (coffee, power drinks, etc.), opening a window for a blast of cold air, or turning up the music.

AAA recommends that drivers:

  • Travel at times of the day when they are normally awake.
  • Avoid heavy foods before driving.
  • Avoid medications that cause drowsiness or other impairment.

For longer trips:

  • Take a break every two hours or every 100 miles.
  • Travel with someone who is rested, and take turns driving.
  • Do not underestimate the power of a quick nap. Pulling into a rest stop for 20-30 minutes of sleep — but no more — can help keep you alert on the road.

Contact Us About a Fatigued Driving Accident in Dallas

If you have been in a car wreck in Dallas Forth Worth Metroplex at the fault of someone else, fatigued driving may have been a contributing factor. The Reyes Browne Reilley Law Firm knows how to look for evidence of fatigued driving and prove that a drowsy driver caused your car accident. Contact us today – we can provide a free legal consultation and start developing your case immediately.