Lowell Steiger's Los Angeles Law Blog

Twittering While Driving (TWD): Danger Abounds!

Twitter is the new rage but where it's used can be outrageously dangerous. But wait!  Before you think I'm anti-Twitter, please be sure that I am all for Twitter!  I have a Twitter account with the screenname steigerlaw which, as of today, boasts 1,225 followers, and growing.  And I'm following 1,800+ Twitterers as well (and growing).  It's productive, addictive and fun.  I keep my Twittering professional -- i.e., my Tweets (messages) are generally relevant to law related subjects save a few transgressions such as when I tout the Daily Puppy photo website because I'm a dog lover and think looking at puppy pictures  is  a great way to start the day.

For the uniniated, are you asking yourself "What the heck is Twitter?" Good question.  Twitter is a social networking phenomenon that is best understood by plunging in and just twittering.  It's free and easy.  To take the blind plunge, click here.  However, for a great explanation of Twitter, click here. 

You Can Follow me on Twitter(but not while you're driving)

http://twitter.com/steigerlaw

Okay, let me get to the heart of this post: What I fear with Twitter is the addiction that seems to be inherent in all social media today.  We can't wait to respond to a Tweet (Twitter message).  And now we can do it from our cell phones while driving!  Naturally, I have no problem with someone sitting in front of their desktop or laptop 24 hours a day and tweeting themselves into oblivion.  What I do have a problem with is the danger that we expose ourselves and other to when Tweeting while Driving.  (See my prior posts on texting while driving)  A typical tweet is up to 140 characters (maybe about 20 words give or take) and can have links to other websites.  A person can get completely wrapped up in a tweet and wind up with a pedestrian as a hood ornament.  Although my presentation here is tongue -in-cheek, being a lawyer who zealously and passionately represents injured people, I see the handwriting on the wall and it's not pretty.  I'm not looking forward to a call from the daughter of an elderly pedestrian who was killed in a crosswalk because someone couldn't wait to get to their computer to respond to a Tweet.

According to a recent article entitled Fatal Distractions in the British publication Newspress, a study was conducted by the British insurance company Esure.  The article states that according to that study, "nearly one in ten (nine per cent) motorists questioned are using mobile internet services and social networks whilst driving – to tweet, text and update their Facebook profiles." 

The article reports the 10 top Tweets during the week prior to the article's publication:

1. “Driving with my knees and peeling an orange…Probably not the safest thing to be doing.”
2. “Driving school bus”
3. “Irresponsible twitter driving woo!”
4. “Driving up to Newcastle while we Tweet!”
5. “Driving home in the rain…almost crashed!”
6. “Trying my best to stay awake while driving”
7. “Awake, hungover, and driving”
8. “Is it wise to use Twitter while driving? Probably not”
9. “Intoxicated driving. Let’s hope this works out”
10. “Twittering and driving…”

And now it is rumored that the General Motors On-Star feature will interface with Twitter.  According to the Technology Expert Blog

“While in your vehicle, you can use OnStar to submit and retrieve tweets (messages) via your Twitter account. Using OnStar’s Voice-Activated Hands-Free Calling system, and having your voice converted into text, you can provide updates which would appear in the 'What are you doing?' section of your Twitter homepage. It is also possible to listen to a tweet that was sent to you by someone else after it has been converted into voice. You can send and receive tweets without having to type or read anything.”

Finally, the Twittering While Driving phenomenon has gotten the attention of lawmakers.  Here is a video clip of Democratic Tennessee Sen. Douglas Henry voicing (not Twittering) his opinion:

Please Follow me on Twitter

http://twitter.com/steigerlaw

If you, or someone you know, has been injured in a motorcycle or automobile (or similar) accident, please call me, Lowell Steiger, immediately at

(323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

2009 Laws: Text Messaging in California Video - Don't Do It While Driving!

We all know how dangerous and annoying it is to text while driving.  How about the person crawling in front of you at 10 miles per hour because they're "safely" texting.  Don't think that this little stunt increases safety!  Or the person so involved in their texting that they don't notice the car in front of them coming to a halt?  Well, California has taken care of this issue once and for all (we hope).  See video below.

This new law makes it an infraction to write, send, or read text-based communication on an electronic wireless communications device, such as a cell phone, while driving a motor vehicle in California. Previously this was only illegal for individuals under 18 years of age, but now has been expanded to all drivers.

You Can Follow me on Twitter

http://twitter.com/steigerlaw

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

New California Vehicle Laws for 2009: Zero Tolerance DUI; No Text Messaging

With a new year on the horizon, CHP wants to remind motorists of a handful of new laws that go into effect in 2009.

"The overall safety of the motoring public is our primary concern," says CHP Commissioner Joe Farrow. "Not only will these new laws enhance a motorist's safety, many of them are a step toward ridding the roadways of drunk drivers and the tragedy they cause."

Below are the  changes to driving regulations and vehicle equipment.

Texting While Driving (Video)

(SB 28, Simitian) This new law makes it an infraction to write, send, or read text-based communication on an electronic wireless communications device, such as a cell phone, while driving a motor vehicle. Previously this was only illegal for individuals under 18 years of age, but now has been expanded to all drivers.

Driving Under the Influence: Zero Tolerance (Video)

(AB 1165, Maze) This new law prohibits a convicted DUI offender from operating a motor vehicle with a blood alcohol level (BAC) of .01 percent or greater while on probation for DUI. The law requires the driver to submit to a Preliminary Alcohol Screening (PAS) test, a portable breath test to determine the presence of alcohol. If the driver refuses, or if the driver submits and has a BAC of .01 or greater, a citation will be issued, the driver's license will be taken and driving privileges will be suspended. In addition, the vehicle will be impounded.

Ignition Interlock Devices (IID)

(SB 1190, Oropeza) This new law reduces the BAC from .20 percent to .15 percent or more at the time of arrest to trigger a requirement for the court to give heightened consideration for the installation of an IID for a first-time offender convicted of DUI of an alcoholic beverage.

Ignition Interlock Devices

(SB 1388, Torlakson) Effective July 2009, this new law transfers authority for the administration of mandatory IID programs from the state courts to the Department of Motor Vehicles (DMV). This law also authorizes the DMV to require any driver convicted of driving with a suspended license due to a prior conviction for DUI to install an IID in any vehicle that the offender owns or operates.

Alcohol-Related Reckless Driving

(AB 2802, Houston) This new law requires the court to order a person convicted of alcohol-related reckless driving to participate in a licensed DUI program for at least nine months, if that person has a prior conviction for alcohol-related reckless driving or DUI within ten years. Additionally, the court is required to revoke the person's probation for the failure to enroll in, participate in, or complete a licensed DUI program.

Global Positioning Systems (GPS)

(SB 1567, Oropeza) This new law allows a portable GPS device to be mounted in a 7-inch square in the lower corner of the windshield on the passenger side of the vehicle, or in a 5-inch square in the lower corner of the windshield on the driver's side. These are the only two locations on a windshield where a GPS device can be mounted. The GPS device can only be used for navigational purposes while the motor vehicle is being operated, and it is required to be mounted outside of an airbag deployment zone.

Motorcycles

(AB 2272, Fuentes) This new law changes the definition of a motorcycle by deleting the weight limitation and deleting the separate definition for electrically powered motorcycles. The law will now allow fully enclosed, three-wheeled vehicles to have access to high-occupancy vehicle (HOV) lanes regardless of occupancy.

Clean Air Stickers: Misuse and Penalties

(SB 1720, Lowenthal) This new law makes it an infraction for anyone who forges, counterfeits, falsifies, passes, or attempts to pass, acquire possess, sell, or offer for sale a genuine or counterfeit "Clean Air Sticker."

911 Telephone System Abuse

(AB 1976, Benoit) This new law increases the penalties for any person who knowingly uses, or allows the use of, the 911 telephone system for any reason other than an emergency. Those who misuse, or allow the misuse of, the 911 telephone system are guilty of an infraction, and subject to either a written warning or a fine.

Special License Plates

(AB 190, Bass) This new law, when approved by local authorities, allows veterans whose vehicles display plates honoring Pearl Harbor Survivors, Legion of Valor recipients, former American Prisoners of War, Congressional Medal of Honor recipients, or Purple Heart recipients to park their vehicles that weigh not more than 6,000 pounds gross weight, without charge, in any metered parking space.

Studded Pneumatic Tires

(AB 1971, Portantino) This new law allows the use of pneumatic tires with retractable metal-type studs, year round, as long as the studs are retracted between May 1 through October 31. However, the law prohibits a tire with retractable metal-type studs on a vehicle from being worn to a point that the metal-type studs protrude beyond the tire tread when retracted.

Spilling Cargo Loads

(AB 2714, Keene) This new law eases restrictions on cargo loads of straw or hay to allow individual pieces that do not pose a threat to life or property, to escape from bales of straw or hay that are being transported by a vehicle upon a highway, so long as those bales are loaded and secured according to federal regulations.

Assault on Highway Workers

(SB 1509, Lowenthal) This new law provides an increased penalty for assault and battery crimes committed against Caltrans highway workers who are engaged in the performance of their duties. 

 

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

Link of the Day: Report Dangerous Drivers.com

      

Will wonders never cease?  What an incredible website has now graced the Internet! www.reportdangerousdrivers.com is the ultimate in real life George Orwell (ianism).  This site has special meaning to me since part of my practice revolves around representing fault-free people who've been injured at the hands of reckless drivers.  I get enraged when I see the senseless physical and emotional pain that my clients go through because someone wasn't paying attention or, worse, was driving erratically or angrily (can you say "road rage?").  This moment of dangerous driving changes innocent lives forever.

From the home page of www.reportdangerousdrivers.com comes their description and reason for existence:

Over 40,000 people are killed every year on American roads and highways and many of those deaths are directly attributable to reckless drivers.  This website allows you to report dangerous drivers of any motor vehicle, including cars, trucks and motorcycles.  When you witness a dangerous driving incident, simply get the license plate number of the vehicle.  Then you will be able to post this incident on this website.  An anonymous violation report is very easy to post, it takes just a few seconds to complete. After a violation report is posted, interested parties are notified via email and when possible, the owner of the vehicle is notified via mail of this violation.

With a searchable database that requires only the license plate number and the state of the plate, you can search for violation reports on any vehicle.  This will give the public an opportunity to keep tabs on certain vehicles by viewing violation reports that have been previously filed.  It's also very useful to parents who'd like to know if their children are driving safely.  Additionally, company owned cars, trucks and service vehicles can be tracked to ensure that they are being operated in a safe manner. 

Many of us see dangerous driving everyday. Now, you will be able to file reports on those people that put so many innocent lives at risk. A variety of violations can be reported, for example: speeding, running red lights, road rage, tailgating, school zone violations or using cell phones in a reckless manner. click here to see a summary of recently reported violations.  

Here's a smattering of the violation categories that you will find: Speeding, tailgating, reckless driving, road rage, driving too slowly and, of course my all-time favorite, cell phone stupid.

       

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

California Law Outlaws Text Messaging While Driving: Schwarzenegger

Hallelujah!  Today Governor Schwarzenegger signed a law making it illegal to text while driving!  I continue to rant and rave about this subject because, to me, it's as plain as the nose on your face that texting while driving is deadly.  The latest episode of texting while driving left 25 dead and countless injured in the Metrolink Tragedy of September 12, 2008.

Update: 2009 Law Bans Text Messaging while Driving - See Video 

Past Rants

Metrolink Tragedy: Engineer Rob Sanchez Text Messaging, I'm Outraged!

Texting While Driving: Graphic Horror Photos

Hands Off Driving Laws Ok'd For Teens 16 and 17

Texting While Driving: Articles, Videos, Links

The Associated Press reports:

SACRAMENTO—Gov. Arnold Schwarzenegger has signed a law making it illegal to read or send text messages while driving in California.

The bill by Sen. Joe Simitian imposes a $20 fine for a first offense and $50 for repeat offenders using any electronic devices to read or send messages, starting next year.

Schwarzenegger says the law he signed Wednesday encourages drivers to keep their hands on the wheel and eyes on the road.

It follows previous laws restricting the use of cell phones while driving by Simitian, a Democrat from Palo Alto. Since July, motorists have been required to use hands-free devices, and drivers under age 18 can't use any electronic devices.

The California Highway Patrol doesn't keep statistics on crashes related to text messaging.

If you, or someone you know, has been injured, please call me immediately at (323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

10 Hot Hands Free Devices to Comply With New Hands Free Cell Phone Laws

From practical to stylish, high tech companies worldwide are developing and marketing new hands-free devices to help you comply with the new hands-free cell phone laws in various states in the union.  Being an attorney who represents injured people, I'm thrilled to see the proliferation of these devices.  I can't tell you how many clients will come to me after a devastating car accident and say "She/he was on the cell phone and didn't see me."  It reminds me of a case that I had several years ago where my client was rear-ended by a guy who was watching a DVD while driving in the fast lane of the 101!

I found a great article on Channel Web entitled 10 Hot Hands-Free Devices for Cell Phone Law Compliance.  They list the following devices (click on each one for detailed information or click here to view individual photos of these devices!):

1. Plantronics Voyager 520, around $40
2. Sennheiser VMX 120, around $189
3. Jabra JX 10 Series, around $70
4. Ford Sync, built into various Ford products
5. Aliph's New Jawbone, around $100
6. Parrott Mini-Kit, $50-80
7. Magellan Maestro 3140, around $140-400 (GPS with Bluetooth!)
8. Motorola T605, around $150 (music and Bluetooth)
9. Anycom Solar Bluetooth Kit, around $80 (yep, it's solar powered)
10. BlueAnt Supertooth Light, around $90

You know how I'm always ranting and raving about driving hands-free.  Heck, I don't expect you to not talk while driving (that'd be saying "do as I say, not as I do") but, please, go hands-free and keep both hands on the steering wheel.  Please don't let this happen to you or a loved one.

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The Law Office of Lowell Steiger Represents Injured Victims

If you have suffered a Personal Injury, Call for a Free Consultation

Contact Attorney Lowell Steiger at          (323) 852-1100        

or via e-mail at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

www.steigerlaw.com

If you have suffered a Personal Injury, Call for a Free Consultation

Cell Phone Laws for 2008: What You Need To Know (and more!)

As you know by now, I'm a great proponent of the new California hands-free law which goes into effect on July 1, 2008.  I blogged about it in May: Click Here.  A corollary, of course, are my rants and raves about texting while driving: Click here, here, here and here.

So, I've decided to post (yet again) on this subject and provide several useful links to articles, videos and hands-free equipment vendors below.

What to Expect from California's New Hands-Free Law: The Public Policy Institute of California writes the following press release:

Update: 2009 Law Bans Text Messaging while Driving - See Video

As of July 1, 2008, California drivers must use hands-free technology when talking on a mobile phone, and drivers under age 18 may not use a mobile phone at all while driving. This study examines how fatalities changed in states after a hands-free law was enacted, compared to states without a hands-free law. The findings indicate that mobile phone ownership is associated with higher traffic fatality rates in bad weather, on wet roads, and in rush-hour traffic. California’s new law should lead to some 300 fewer traffic fatalities a year. However, to gain the full benefit of the law, California should concentrate its enforcement efforts during adverse driving conditions, and public education about the law ─ and about the distraction and danger of using a mobile phone in the first place ─ should be an important component in implementing the law, which could help change behavior that enforcement alone might not achieve.  Read the entire press release here

Other Useful Links

Video Satire: Still Legal to Eat, Knit or Dress While Driving (L.A. Times: Dan Neill's Hands Free Alternatives)

If there's a fatal car accident, a violator of the hand-held ban could face a felony charge, some experts say: California Cell Phone Law May Be More Costly Than $20 (L.A. Times Article)

Hands Free Phones in California Will Save Lives (Public Policy Institute of California: By Jed Kolko, research fellow, Public Policy Institute of California)

Frequently Asked Questions About the New Hands-Free Cell Phone Laws (L.A. Can't Drive)

Guide to Handling Traffic Tickets by Mike Klijian, Esq.

Video: The Future orf Hands Free Devices (Youtube)

Video: Hands Free Cell Phone Spoof (Ameriquest)

Purchase Hands-Free Items Below

Hands Free Cell Phone Kits (Pricegrabber.com)

Hands Free Cell Phone Headsets (Pricegrabber.com)

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The Law Office of Lowell Steiger Represents Injured Victims

If you have suffered a Personal Injury, Call for a Free Consultation

Contact Attorney Lowell Steiger at          (323) 852-1100       

or via e-mail at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

www.steigerlaw.com

If you have suffered a Personal Injury, Call for a Free Consultation