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Web-Only Articles

Can a driver be held liable for a crash because they texted the driver?


Distracted Driving

Can a driver be held liable for a crash because they texted the driver?

NEW JERSEY APPEALS COURT PANEL SAYS ‘YES’

http://www.judiciary.state.nj.us/opinions/a1128-12.pdf

Talking Points

Because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the
most alarming distraction.

Generallly, distracted driving is considered as “any activity that could divert a person's attention away
from the primary task of driving.”

All distractions endanger driver, passenger, and bystander safety. These types of distractions include:

  • Texting
  • Using a cell phone or smartphone
  • Eating and drinking
  • Talking to passengers
  • Grooming
  • Reading, including maps
  • Using a navigation system
  • Watching a video
  • Adjusting a radio, CD player, or MP3 player”

The best way to end distracted driving is to educate all Americans about the danger it poses.


Distracted Driving Key Facts

http://www.distraction.gov/content/get-the-facts/facts-and-statistics.html (accessed 9/7/2013)

According to the latest information from the National Highway Traffic Safety Administration there were 3,331 people in crashes involving distracted drivers, with another 387,000 people hurt.


Talking Points

Available at Distracted Driving, the official U.S. Government website for distracted driving:
http://www.distraction.gov (accessed 9/7/2013)

From the Police Chief magazine

Distracted Driving: An Ongoing Problem
Richard J. Ashton, Chief of Police (Retired), Frederick, Maryland; and Grant/Technical Management Manager, IACP

http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=2735&issue_id=82012


From The Administrator: NHTSA: Safety Is Our Top Priority
David Strickland, Administrator, National Highway Traffic Safety Administration

http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=2706&issue_id=72012


The New In­-Car Technology: Safer or More Dangerous on the Road?
Earl M. Sweeney, Assistant Commissioner, New Hampshire Department of Safety; and Chair, IACP Highway Safety Committee

http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=2629&issue_id=32012


Preventing Traffic-­Related Line-­of-­Duty Deaths
John R. Batiste, Chief, Washington State Patrol, and General Chair, State and Provincial Police Directorate, IACP; Michael L. Wagers, PhD, Director, State and Provincial Police Directorate, IACP; and Richard J. Ashton, Chief of Police (Retired), Frederick, Maryland; and Grant/Technical Management Manager, IACP

http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=2422&issue_id=72011


Distracted Driving: Law Enforcement’s Achilles’ Heel
Richard J. Ashton, Chief of Police (Retired), Frederick, Maryland; and Grant/Technical Management Manager, IACP

http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=2274&issue_id=122010


Talking Points from the NEWS

http://www.huffingtonpost.com/2013/08/27/distracted?driving_n_3820530.html (accessed 9/7/2013)

http://www.huffingtonpost.com/news/distracted?driving (accessed 9/7/2013)

Top 10 Dangers of Excessive Texting
About 75 percent of 12–17 year-­olds in America own a cell phone. Half of them send 50 or more text messages a day, and one?third send more than 100 text messages daily.

http://www.huffingtonpost.com/2011/10/27/top?10?dangers?ofexcessi_n_1034913.html?utm_hp_ref=distracted?driving (accessed 9/7/2013)

Top

 

From The Police Chief, vol. LXXX, no. 9, September 2013. Copyright held by the International Association of Chiefs of Police, 515 North Washington Street, Alexandria, VA 22314 USA.








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