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Txt msgs and other driving distractions: high-tech devices are everywhere - including in cars. You need to find out if the defendant driver was focused on a phone call or a text message, rather than on the road, when the crash occurred.

Article Excerpt
Drivers with one hand on the wheel and one hand on the phone are a common sight, at least in states where it's still legal to talk and drive. But the cell phone is only one of many potential high-tech distractions. It's now possible to talk, text-message, take pictures, check the global positioning system (GPS), adjust the satellite radio, scroll through the pages of your MP3 player, send e-mail, and try to drive--all at the same time.

Because these devices have intergenerational appeal, there is a strong chance that any vehicle involved in an accident was operated by a driver who was distracted by one or more of them. Attorneys litigating motor vehicle cases must consider an evolving range of dangers and distractions that can be tied to liability.

The pervasiveness of high-tech devices on modern roads is staggering. They include:

Cell phones. In addition to making phone calls (with or without hands-free Bluetooth technology), people use cell phones to text-message, take pictures, play music, and record and play videos. Some motorcycle helmets contain built-in phones and radios.

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PDAs. Almost any PDA now has e-mail and Internet functions; many offer GPS guidance systems as well. Online map programs will even e-mail directions to a PDA.

MP3 players. Music, videos, and photo albums are readily available through MP3 players. Some can be placed in a mounted cradle and used with the vehicle's sound system.

GPS devices. Whether built in or portable, the map and related functions, including spoken driving directions, all add to driver distraction.

DVD/video players. These, too, can be built in and are typically visible only to rear-seat passengers. Portable DVD players and laptop computers can play videos that the driver can see.

Many devices are becoming more prevalent in commercial vehicles as well. Modern truckers have an array of communications devices available in-cab, such as e-mail, voice messaging, and satellite communications with dispatchers. Trucking companies use these features for load tracking (a marketing tool to attract shippers), for fleet management, and as recruitment tools for new drivers. (1) Regulatory authorities have begun approving log systems that allow drivers to make log entries electronically through the tractor's satellite communication system. (2)

Perilous situations

No generation has a corner on the market for driving while distracted. But the undeniable appeal of these new devices to the youthful driver, combined with a sense of invulnerability, has added to the risks typically associated with young drivers.

Last spring, five women who had recently graduated from Fairport High School in New York died when their SUV veered in front of an oncoming tractor-trailer. Press reports stated that a text message was sent from the driver's phone two minutes before the crash and that a response was received less than a minute before a 911 call to report the crash was made from a vehicle following the women. (3)

Because all the occupants...

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