A study was conducted at Virginia Tech between 2005 and 2007. The study monitored 203 drivers, as they covered about 3 million miles of real driving. The trucks were fitted with video cameras that focused on the drivers’ faces in the six seconds prior to and during a crash or crash avoidance maneuver. The video revealed texting to be the most high-risk behavior, mainly because their eyes were off the road for nearly 5 seconds while texting. In that amount of time, a truck traveling at 55 mph can cover the length of a football field. These texting drivers were 23 times more likely to have a collision than non-texting drivers.

Dangers of Texting and Driving

Statistics are starting to support the need for legislation to ban texting while driving. The three most prominent studies on driving while texting are:

• Virginia Tech
• Car and Driver
• University of Utah

Here are some national examples of accidents caused by texting and driving:

• In April, 2009, the driver of a semi truck revealed he was texting just prior to slamming into a school bus in Florida, killing one student passenger.
• A Boston public transit conductor said texting kept him from seeing a red light. His trolley rear-ended another trolley, injuring 49.
• On September 12, 2008, the operator of a California commuter train sent a text message 22 seconds before the train crashed, 25 people were killed and 135 injured. The train failed to stop at a red signal.
• The evening of June 26, 2007, five teenage girls were killed in a fiery head-on collision in Rochester, New York. Local officials said it was due to text messaging.

Recommendations on Texting and Driving

Virginia Tech came up with these recommendations based on findings from their research study performed from 2005 – 2007:

• Driving is a visual task and non-driving activities that draw the driver’s eyes away from the roadway, such as texting and dialing, should always be avoided.
• Texting should be banned in moving vehicles for all drivers. As shown in findings overview, this cell phone task has the potential to create a true crash epidemic if texting-type tasks continue to grow in popularity and as the generation of frequent text message senders reach driving age in large numbers.
• Headset cell phone use is not substantially safer than hand-held use because the primary risk is associated with both tasks is answering, dialing, and other tasks that require your eyes to be off the road. In contrast, true hands-free phone use, such as voice activated systems, are less risky if they are designed well enough so the driver does not have to take their eyes off the road often or for long periods.
• All cell phone use should be banned for newly licensed teen drivers. Our research has shown that teens tend to engage in cell phone tasks much more frequently — and in much more risky situations — than adults. Thus, our studies indicate that teens are four times more likely to get into a related crash or near-crash event than their adult counterparts.

~ BLACKSBURG, Va., July 29, 2009

Teen Drivers and Texting

Students Against Destructive Decisions (SADD) spearheaded a seven year study of teen driving behaviors. The study showed 4 main things that distracted them from their driving:

• texting while driving
• emotional state of mind
• having friends in the car
• talking on the phone

Parents and teens need to discuss driving and texting issues because, despite the risks, teens tend to ignore the restrictions. Some ideas to help guide the conversation:

• know the state laws — Minnesota does not allow for teens under 18 to talk while driving and no driver is allowed to text while driving
• talk about the responsibility of a driver and set family rules — have and enforce appropriate punishment for breaking the rules
• actions speak louder than words — parents need to follow the rules, too
• consider signing a teen driving contract — SADD provides a Contract for Life at www.sadd.org/contract.htm

This information is provided as a service of TSR Injury Law. Our attorneys are consistently named Super Lawyers by their peers and Chuck Slane has been voted one of the 2009 Minnesota Top 40 Personal Injury Lawyers. Our attorneys have years of experience with car accidents, truck accidents, motorcycle accidents, and bicycle accidents. We have represented thousands and secured millions in compensation for our clients. Call 612-362-0000 or submit our free case consultation form on the top, right of this page.

Minnesota liability laws have established the basic duty of all drivers is the duty of ordinary or reasonable care. The essential question asked is “What would a reasonable driver do under similar circumstances?” The driver’s negligence must be the cause of the injuries sustained.

The other essential element an injured party must show is that they have reached the tort threshold. The Minnesota Motor Vehicle Liability Law has established that in order to bring a claim, one of the five tort thresholds must be reached by the plaintiff:

• a permanent disability has resulted from the car accident, truck accident, or motorcycle accident
• a permanent disfigurement has resulted from the motor vehicle accident
• wrongful death has occurred from the crash
• the motor vehicle accident has resulted in more than sixty (60) days of lost work
• cost of the medical and chiropractic treatment is in excess of $4,000.00 (not including diagnostic x-rays or MRI’s)

In addition to working with the no-fault insurance company, most cases will have a different insurance company on the bodily injury side. In order for an injured party to bring a claim against the bodily injury insurer, the injured party must prove three elements:

• that another person was more negligent than the victim in causing the accident (more than 51%)
• that the tort threshold has been reached
• the claim must be brought within the statute of limitations

The amount of a settlement in a personal injury case depends on many factors, including:

• the type of injury
• the severity of the injury
• the amount of economic damages (lost wages, medical bills, etc.)
• the duration of the injury

People who have suffered bodily injury in an accident, due to negligence, may be entitled to recover monetary damages for all losses and expenses associated with the accident. Those damages may include recovery for:

• past and future medical bills
• past and future lost wages
• pain and suffering
• physical disability
• mental disability
• disfigurement and permanent scars
• emotional trauma / distress
• loss of enjoyment of life
• loss of love and affection
• humiliation
• property damage
• out of pocket expenses (transportation costs, needed medical equipment, etc.)

This information is provided as a service by TSR Injury Law. If you think you meet the requirements for a bodily injury claim, call a Minnesota Bodily Injury Claim Lawyer, at 612-362-0000, to discuss your case or submit our free consultation form.

Evaluate Your Car Accident

These ideas should help you assess your car accident and determine whether you want to speak to a legal professional.

If you have any of these questions, you may want to seek legal guidance:

• Are other types of insurance coverage available?
• Is my insurance provider acting in bad faith?
• Do I wonder how to best handle negotiations with the insurance company?
• Do I know my rights?
• Do I have questions about the terms of my insurance policy?
• Am I confused by all of the forms and paperwork?

If any of these statements are true, you should seek legal counsel immediately:

• An injury was sustained that required a hospitalization (broken bones, concussion)
• A permanent injury was sustained (joint damage, paralysis)
• A death occurred
• Other parties involved (car, pedestrian, bicyclist)
• Accident happened in a construction area (additional insurance to pursue)
• Police report has major discrepancies from what you remember
• You have low insurance limits / inadequate coverage
• Your insurer calls in an attorney

After evaluating your car accident case, if you decide to seek legal assistance, call TSR Injury Law at 612-362-0000 for a free consultation or submit our contact form. Our partners are expert personal injury attorneys and are consistently named Super Lawyers and Chuck Slane has been named to the Minnesota Top 40 Personal Injury Attorneys. We will review your case, answer your questions, and help you win the compensation you deserve.

Types of Car Accident Cases We Handle

• No-Fault Accidents
• Bodily Injury Claims
• Drunk Driving Accidents
• Pedestrian Accidents
• Uninsured Motorist
• Underinsured Motorist
• Insurance Claims
• Wrongful Death
• Mechanical Defect/Malfunction
• Highway Defect
• Hit and Run

• poor judgment
• excessive speed
• slow reaction time
• physical limitations
• lack of attentiveness

It is important to be diligent after a car accident / car collision. Important facts and details need to be written down immediately. It would also be a good idea to take pictures with your cell phone. The more you have observed and recorded the more credibility you establish. It will also make your case easier to prove in a court of law, with a jury of peers. These are some of the things you should write down:

• How you were feeling before and during the accident – how recently you ate, had you taken any medication, headache, were you happy, sad, upset
• The weather conditions – rain, snow, ice, how hot / cold, sun brightly shining, fog
• Exact time of day – to establish the angle of the sun, the amount of light
• Road and traffic signs and their condition – was the stop light working, the stop sign visible, were the signs in place (for a sharp curve, etc), were the roads and lanes painted properly
• Observation about the other vehicle / vehicles involved – bald tires, broken mirrors, broken headlights or tail lights
• Car system failure – were your brakes mushy, cruise control working, power steering feeling fine
• Any distractions or obstructions – animals, cones in the road, potholes, rocks, pieces of wood / trash, roadkill

All of this information can be used to build a strong, credible case for your insurance company, police officer, or for a lawsuit.

This information is provided by TSR Injury Law. Our Minnesota Car Accident Attorneys are expert personal injury lawyers with years of experience. They have helped hundreds of victims recover millions in compensation. Call 612-362-0000 or submit our contact form.

Types of Car Accident Cases We Handle

• No-Fault Accidents
• Bodily Injury Claims
• Drunk Driving Accidents
• Pedestrian Accidents
• Uninsured Motorist
• Underinsured Motorist
• Insurance Claims
• Wrongful Death
• Mechanical Defect/Malfunction
• Highway Defect
• Hit and Run