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Recently, our Boston bike accident lawyers discussed the outcome of Mayor Thomas M. Menino’s report on bicycle accident causes. Mayor Menino commissioned the report to find out more details about bike accidents as part of an ongoing effort to make Boston a more hospitable place for bicycle riders. 1367110_bike_route_sign.jpg

Unfortunately, some bicycle advocates are upset about the outcome and about the lawmaker’s responses to the data published in the report. The problem bicyclists have: the report is “blaming the victim.”

Bike Advocates React to Mayor’s Study on Bicycle Crashes

The Boston Globe reports that bicycle advocates were initially excited on the Wednesday in early June when Mayor Menino’s bicycle safety report was released. Menino has been a friend to bikers, even creating a program called Boston Bikes to encourage bike riding in the city. The hope was that his commissioned report would shed light on bike accident causes and would lead to public education, law changes and enforcement initiatives to make the roads safer for bike riders.

Unfortunately, according to the Boston Globe, some bicyclists had issues with the data that was collected, arguing that it was inaccurate. Others did not like proposals that came out of the report, including a decision that police would begin to cite bicycle riders who run red lights.

The report generated statistics on bike accident causes from several sources including Boston Emergency Medical Services, Boston Bikes and the Boston police. The report allegedly revealed that 28 percent of all bicycle crashes occurred when a bicyclist ran through a stop sign or red light. This was the data with which bicycle safety advocates took issue.

The reality, when studying the 891 crashes with listed causes, was that bicycle riders either ran a red light or ran a stop sign in only 12 percent of collisions with passenger vehicles. This is far fewer accidents than the 28 percent originally stated in the report.

The city did acknowledge that this error was made and updated the figures to reflect the accurate 12 percent number. However, despite the fact that the number of red-light violations by bicycle riders was initially over-inflated, this is an issue that lawmakers have chosen to focus on. This focus will take the form of law enforcement handing out $20 citations to bicycle riders who run red lights.

Advocates for bicycle riders are concerned about the fact that false numbers may have led to the decision to crack down on riders. The director of the Boston Cyclists Union who consulted on the report indicated that the error “is really damaging to the reputation of cyclists everywhere.” The director also went on to indicate that the 28 percent number would suggest a need for a crackdown but that this was not the case.

Finally, bicycle advocates believed that the emphasis on bike-rider helmet use and the statement by Mayor Menino that he might push for a helmet law was a form of blaming the victim. Whether or not someone wears a bicycle helmet, he or she can be seriously hurt if a driver causes a crash and is entitled to the same compensation as any other bicycle rider from the person responsible for the accident. The focus shouldn’t be on adding new burdens onto bicycle riders nor on citing bicycle riders more frequently but instead should be focused on improving overall safety.
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Recently, the office of Mayor Thomas M. Menino commissioned a report to learn some more detailed information on bicycle accidents. The purpose of the report was to identify safety issues and to determine the top causes of bike accidents. Mayor Menino commissioned the report as part of efforts to improve bike safety and encourage bike riding in Boston. 1416709_bike_route_both_directions_logo.jpg

Our Boston bicycle accident attorneys know that hundreds of bike riders are hurt and killed in accidents each year. Reports identifying causes of bicycle accidents can help to reduce these fatalities by giving lawmakers a starting point for setting safety rules and regulations. Public education campaigns and law-enforcement crackdowns can also be used to curb dangerous behaviors that are identified as top causes of bike accidents.

Bike Safety Issues Revealed in Mayor’s Crash Studies

According to the Boston Globe, the report sought to determine the causes of bike accidents by looking at many different sources of statistics on bike collisions. The data was collected and analyzed from the Boston Police as well as from Boston Emergency Medical Services. Data was also collected from Boston Bikes, which is a program that Mayor Menino began in an effort to encourage cycling.

The report revealed some general information, including the fact that the number of bicycle accidents increased slightly from 2010 to 2012. However, this increase was not necessarily bad news since ridership of bicycles has grown much more sharply than the bike accident rate.

The report also revealed that around half of all cyclists who were injured severely enough to require medical assistance were not wearing a helmet at the time of the crash. This is about twice the number of bicyclists without helmets as compared with the total percentage of helmeted riders. This indicates that helmet use can have a huge impact on whether or not a bicycle accident will result in a need for medical help.

In light of the information on helmet use, the mayor’s office is considering making a push to require all bicycle riders to wear helmets. However, the executive director for the Massachusetts Bicycle Coalition indicated that forcing helmets on bicycle riders is not the best response to the study because this is not a proactive position. Wearing helmets doesn’t stop crashes, and that is where the executive director believes that the focus should be.

The report also addressed some of the specific causes of bike demonstrating that:

  • 197 bike accidents ocurred when a driver opened a door into a bicycle rider.
  • 147 bike accidents happened due to failure to stop for red lights or stop signs.
  • 197 crashes happened when the bicyclist and driver didn’t see each other.
  • 108 crashes happened when a bike rider went into oncoming traffic.
  • 81 bike accidents ocurred due to speeding.
  • Distraction was a cause of 58 accidents. Phones and electronics were also separately attributed to causing 16 accidents.
  • Aggresive driving was a cause of 57 accidents.
  • 4 accidents may have resulted from the bicyclist being in a construction zone.

Based on this information, proactive steps to reduce the number of bicyclist accidents may include educating drivers about “dooring” (opening a door into a bike) and cracking down on drivers and bicyclists who drive while distracted or who run red lights and stop signs.

Enforcement and education are key to preventing bike crashes, and knowing more about why accidents happen can be very helpful in reducing the number of injuries and fatalities from bike wrecks.
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It’s getting warm out there and it’s time to listen up! We’re seeing temperatures in the 80s and that’s warm enough to pose some serious risks for heatstroke for children who are left in a vehicle.
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According to NBC News, there have already been at least 8 children who have been killed this spring after they were left in a vehicle by a caregiver. Most of them were children under the age of 2. That number includes 7 that happened in the month of May alone.

Our Boston injury lawyers understand that car collisions are not the only types of car accidents involving vehicles. Leaving a child in a vehicle can have serious or fatal consequences, too. Most of these fatalities occur after a parent, babysitting or other caregiver “forgets” to remove a child from a vehicle.

“It has everything to do with our brains letting us down at the worst possible moment,” said Janette Fennell with KidsAndCars.org.

On average, close to 40 children die in hot cars each year from heat-related deaths after being trapped inside motor vehicles. Even the best of parents or caregivers can overlook a sleeping baby in a car; and the end result can be injury or death.

Since 1998, there have been close to 600 children who have died in cars after being left inside. Each year, these cases begin to climb in May.

Reduce the number of deaths from heatstroke by remembering to ACT.

A: Avoid heatstroke accidents by remembering to never leave your child inside an unattended vehicle. Don’t even let them stay in the car if you’re only running in “for a minute.” Seconds matter when we’re talking about children and heatstroke.

C: Create some reminders that will help you to remember to look in the backseats every time you get out of the car. Put a stuffed animal in the passenger seat, or stick up a sticky note. Whatever it is, make sure that it reminds you to check all seats before getting out, locking up and walking away.

T: Take action. If you happen to see a child inside a vehicle alone, call 9-1-1 right away. Emergency responders are trained to handle these kinds of situations.

Remember that it doesn’t have to be scorching out for it to get too hot inside your vehicle. Remember that most of these accidents happen on days with relatively mild (i.e., ~ 70 degrees F) temperatures and that vehicles can reach life-threatening temperatures very rapidly.

“We hope everyone who cares about the safety of our children – parents, grandparents, caregivers and others – will follow the simple, and important, safeguards that can save lives and avoid unnecessary heartache,” said U.S. Transportation Secretary Ray LaHood.
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Officials with the Insurance Institute for Highway Safety (IIHS) are pushing to get antilock braking systems (ABS) on all motorcycles. According to the latest research, these kinds of brakes are more effective in preventing motorcycle accidents — more than 30 percent more effective to be exact.
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But the IIHS isn’t the only one to get in on the safety conversation. Officials with the Highway Loss Data Institute (HLDI) have also calculated that motorcyclists with ABS are about 20 percent less likely to die in an accident than motorcyclists without the technology. Their data has also concluded that ABS had an even bigger effect in conjunction with combined braking systems, which integrate a motorcycle’s front and rear brake controls. Both of these technologies, when used together, can reduce your risks for an accident by about a third.

Our Quincy motorcycle accident lawyers understand that there was a significant decrease in the number of fatalities among motorcyclists with ABS in 2008, and then again in 2010. With these findings, officials with the IIHS and with the HLDI urged the government to make these kinds of brakes mandatory on all bikes. Officials are once again at it — officially petitioning the National Highway Traffic Safety Administration (NHTSA).

“We hope NHTSA will agree that it’s time to take action to ensure all riders get the benefit of this lifesaving technology,” says Adrian Lund, president of both HLDI and IIHS.

We understand that there were more than 4,600 motorcyclists killed in traffic accidents in 2011. Unfortunately, that’s about a 2 percent increase from the previous year. But we can’t necessarily blame the brakes for this increase. With the downturn of the economy, more rider switched over to these two-wheeled vehicles for a more cost-effective way to get around. With busy travel season, more motorists equated to more accidents. And that’s where we stand now.

In the state of Massachusetts, there were close to 40 motorcyclists killed in traffic accidents in 2011. That’s a number that could have been greatly reduced if more motorcyclists had ABS and if more wore helmets. About 12 percent of them were not helmeted at the time of impact.

In addition to the safety gear, you’ve got to have the knowledge and the skill to stay safe out there. You should know the techniques to drive safely and you should know the risks and the hazards that you need to be on the lookout for out there while riding on two wheels. We’re asking all motorcyclists to enroll in a biking safety course — not because you don’t know what you’re doing, but because it’s always a good idea to brush up on your motorcycling skills. Find a location near you here.
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While winter storms can be a hazard, many drivers do not consider the very real danger of summer storms. A drizzle can make the roads slick and a thunderstorm, tornado, or downpour can severe reduce visibility and create dangerous conditions for drivers. Summer storms can create a number of hazards for drivers, passengers and other motorists, so it is important to use caution during the summer rainy season.

While you may know that tornadoes and hurricanes can cause injury, you may not realize the significant number of injuries caused by motor vehicle accidents. The Federal Highway Administration reports that over 7,000 Americans are killed every year in weather related accidents. “Weather related” crashes are defined as accidents that occur during storms and other dangerous weather conditions, including rain, sleet, snow, tornadoes, or heavy fog. Our Boston car accident attorneys are dedicated to helping victims uncover the true cause of an accident and recover compensation for their injuries.

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Summer weather conditions can reduce visibility and create a slick pavement. A car may hydroplane or a driver can lose control causing the car to careen off the side of the road or into oncoming traffic. Reducing the number of weather related accidents requires raising awareness among motorists. Safety officials and lawmakers are taking additional steps this summer to promote highway safety and to reduce the number of weather related car accidents.

In addition to driver awareness, automobile manufacturers and other private enterprises are developing new “storm technology” to help quickly locate storms and inform all drivers on the road. Cars that communicate with one another can identify dangerous driving areas and then communicate that information to other drivers 10, 20, or even trailing by 100 miles. Advanced warnings can ensure that drivers are on the lookout and aware of dangerous conditions ahead. New technologies would be able to warn other drivers about snow, thunderstorms, fog, tornados, and white-outs.

Slick roads and low visibility can be very dangerous to drivers, passengers and other motorists. When extra precaution is not taken during a storm, negligent or reckless drivers can be putting other motorists at risk. Adverse driving conditions require that all drivers pay attention and keep their eyes on the road. Texting and other driver distractions can increase the risk of stormy conditions. When you are distracted you may not have the reaction time necessary to react to slowed traffic or other dangerous conditions. If you have a teen driver hitting the road for the first time this summer, they should be aware of the dangers of adverse weather, especially when combined with distracted driving.

This summer, whether you are heading to work, taking the kids to the beach, or getting on the freeway for an extended summer vacation out of town, remember to take extra precaution under stormy conditions. To prevent an accident under adverse weather conditions you should keep your headlights on. When visibility is impacted by the storm, consider pulling over until the storm is over.
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Transport in the United States heavily relies on the nation’s highways. Large trucking industries have a significant interest in carrying maximum loads at high speeds. This is a deadly combination for motorists nationwide. Trucks are responsible for thousands of accidents and injury every year. After analyzing these collisions, many safety experts believe that these accidents are preventable through tougher regulations.

Congress has broad authority to regulate the trucking industry. By creating trucking regulations, the federal government has been able to minimize load size, restrict the number of hours a driver can be behind the wheel, and create speed limits for trucks in certain areas throughout the country. Our Boston truck accident attorneys, along with safety experts throughout the nation, are committed to safety on U.S. highways. We are also dedicated to helping accident victims recover the full compensation they deserve after a collision with a tractor-trailer, 18-wheeler or semi-truck.

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Trucks on the highway can loom in the rear-view, create blind spots, and become a menace for other drivers. Even if you are in an SUV, you may feel powerless next to a commercial truck. Safety advocates are pressing Congress to take necessary steps to increase safety for drivers, passengers, motorcyclists and all others sharing the road with semi-trucks. In addition to regulating sleep patterns, advocates have also suggested mandatory logging devices to ensure that drivers are not regulating these federal laws.

The Safe Highways and Infrastructure Preservation Act (SHIPA) would place tighter restrictions on the size and weight of trucks. Most Americans agree that trucks are a hazard on the road, especially when traveling at high speeds or when carrying large loads. A recent poll shows that 68% of Americans are opposed to heavier trucks on the highways. In addition, the large majority of tax payers are opposed to being responsible for costs associated with truck accidents.

Many critics of the trucking industry believe that Congress has prioritized big business over highway safety. In effect, America’s consumers are paying for the interests of corporations and the shipping industry with their lives. Failing to reduce weight restrictions means that the trucking industry is winning over the lives of everyday drivers and passengers. Advocates expect that new restrictions will make the highways safer and reduce dangerous conditions caused by heavy weight loads.

For America’s families who have been victimized by deadly truck accidents, Congressional action is urgent. Every year, over 4,000 Americans are killed in trucking accidents. Though some accidents are caused by inclement weather or unforeseen circumstances, there are many ways that accidents are preventable. Reducing weight size is one way to help keep trucks and trucking companies under control.
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When you or someone you love is involved in a trucking accident, it is important to consult with an experienced and trusted attorney as soon as possible. Truck accident cases are complex and require an immediate investigation to preserve evidence including trucking company records, witness statements, and physical evidence recovered from the wreck. Working with experts can also help determine the cause of the accident and identify those individuals and entities responsible for the crash.
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As a consumer, you know that there are many ways to evaluate products before you decide to make a purchase. One of the largest purchases made by the average consumer is a car, truck or SUV. While you may have considered consumer reports, automobile magazines, and other industry standards, remember that evaluating the safety of a vehicle can be more complicated than simply comparing reports.

Whether you are buying your first vehicle, upgrading for a new family member, or you simply want a newer model, there are a number of critical factors to consider when buying a new car. In addition to comfort, style, and advanced technology, your priority is going to be the safety of the vehicle. Government reports, insurance records, crash-test scores and independent research are all ways to gauge vehicle safety; however, recent evidence suggests that these reports will not paint a fully accurate picture.

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Every year, motor vehicle accidents cause serious injury and accidental death. Our Boston car accident attorneys are experienced in the investigation of these accidents and are committed to helping victims and their families recover full compensation for their losses. We also know that preventing accidents is the best way to prevent catastrophic injuries and fatalities.

To test vehicle safety, automobile manufacturers may try to recreate various accident scenarios. Unfortunately, statistics are rarely able to encompass the wide range of accidents that may occur on the road. Vehicles could strike a pole, be struck from the side, rear-ended by a semi-truck or be involved in a multi-vehicle collision. As most drivers already know, an accident with a vehicle that is twice the size or weight can significant increase the chance of serious injury.

According to a recent report, the vehicle you choose to buy can largely impact how well you and your passengers fare in a collision. In addition to analyzing safety features, you should also consider the size of a vehicle and the style of vehicle you are looking to buy. The odds of fatality are 7.6 times greater for car drivers than for drivers of SUV’s in an SUV-car collision. While it is common knowledge that larger vehicles do cause greater damage to smaller cause, the study highlights the very significant difference a vehicle size can make when involved in an accident.

Government reports, insurance industry records, and other crash-test data may consider safety features including anti-lock brakes, airbags, or design. Newer safety features may be high-tech, allowing cars to communicate with other vehicles on the road. Some analysis will also consider the demographics of drivers and their passengers, including whether the vehicle is safe for children or older drivers.

Head-on crash collision was analyzed in the FARS (Fatality Analysis Reporting System) which is maintained by the federal government. Analysis of this data proved that the type of car (SUV or car) was more important than the safety features offered by individual vehicles. When purchasing your next vehicle, consider the type of vehicle, not just the crash-test ratings. Vehicle scores can be helpful, but remember that the size of a vehicle may be more important than the safety ratings.
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For decades, parents have been advising their teenagers not to drink and drive. Parents of today’s teenagers may not realize that the greatest risk to teenage drivers is not alcohol, but texting. According to reports, there are more teenage deaths caused by texting and driving than by alcohol. The numbers indicate that there were over 3,000 teen deaths associated with texting while driving where there were only 2,700 deaths caused by drunk driving.

Researchers have suggested that the discrepancy may be because teenagers have access to their cell phones 24/7 while they do not always have access to alcohol. The sheer number of times a teen may get behind the wheel with a cell phone outnumbers the number of times a teen may be exposed to drinking and driving. Our Boston car accident lawyers are experienced in the investigation of teen accidents caused by texting and driving.

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While teenagers may not be drinking and partying all week, they are likely using their cell phones on a regular basis. Many teens are so dependent on their cell phones that they have been called addicted. They want to check their phone every minute or 30 seconds to respond to a text or update a Facebook status. Both texting and Internet surfing can pose a significant risk to teen drivers, passengers, and other motorists, pedestrians, or cyclists sharing the road.

Teens admit that when their cell phones are “on” it can be difficult to ignore the notifications. Despite clear evidence of the dangers of texting, over 50% of teenagers admit to texting while driving. If you have a teen driver, you should advise them to turn their phones “off,” put them in the glove compartment, or even the trunk, if they are behind the wheel. Cutting off cell phone use may be the best way to avoid the temptation to text and drive.

Teen accidents caused by texting while driving can be devastating. A new promotional series sponsored by the US Department of Transportation and the National Highways Traffic Safety Administration features the stories of families who have lost their sons and daughters to tragic texting while driving accidents. Compared to other age groups and demographis, teens are most vulnerable to the risks of distracted driving and texting while driving.

Any accident that appears to be caused by negligence should be investigated as soon as possible to determine who was at fault. If an accident is the result of texting while driving a driver could be held civilly or criminally responsible for any injuries or deaths. Accident reconstructionists, police reports, and witness statements are all critical to determine how an accident occurred and who was at fault. Individuals and related entities may be targeted in a civil lawsuit to collect full compensation after an accident.

As a driver or parent of a teen, remember that the risks of texting and driving are high. Drivers who use cell phones while behind the wheel are 4 times more likely to be involved in an accident. Remember that it takes an average of 4.6 seconds to send or receive a text. During that time, the average vehicle traveling at 55 mph can travel a full football field. The risks are not worth it: this is enough time and distance to cause a fatal accident.
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When a car is recalled, it may seem like common sense that everyone would stop driving that vehicle. Unfortunately, sometimes people don’t have a choice because they are given a recalled car without being told of the risk. How does this happen? The drivers rent a car and are given a rental vehicle that has been recalled. 1198014_motorway.jpg

Unfortunately, this problem is far more common than anyone would imagine. Rental car companies can and do rent cars that have been recalled and this significantly increases the chances of a deadly accident occurring. Our Boston car accident lawyers know that there is currently a law being debated in the Senate that would prohibit rental car companies from renting out recalled vehicles. However, there is no guarantee that this law will pass and consumers could continue to be in danger from rental vehicles if it doesn’t.

Rental Car Accidents a Real Risk Due to Recalled Vehicles

According to AOL Autos, safety advocates and lawmakers are facing off against auto industry representatives in a heated debate about whether to pass a law banning rental car companies from renting out recalled vehicles.

Safety advocates believe that it is just common sense that a rental car company should not rent out a vehicle that has been recalled. The president of Consumers for Auto Reliability and Safety, for example, indicated that she believed many people would be surprised to find out that it is not already the law that a rental car company cannot rent out a recalled car.

Car recalls, of course, occur in cars when there is a serious problem that creates a danger to drivers or other motorists. The fact that rental car companies could rent out vehicles with these problems has very real consequences. In fact, the proposed law to ban rental car companies from renting out recalled vehicles is named after two victims of an accident that occurred in a recalled rental.

The accident victims were young sisters from California who died in a car accident in 2004. The rental car they were driving had a leak that could result in a fire starting in the compartment of the engine. The rental car company was notified of the defect in the car and of the recall a month before the girls rented the vehicle. Unfortunately, the young sisters got into an accident and died as a result of a fire that broke out. The law, named in their memory, is now called the Raechel and Jacqueline Houck Safety Rental Car Act of 2013.

If the law is passed, rental car companies would be required to park recalled cars as soon as they receive notice of a recall. Most major rental car companies are on board with the law and support its passage. However, it is auto industry representatives who have a problem with this requirement and the reason is that it can take several months from the time when a recall notice is sent out until the vehicle is actually fixed.

Drivers of private vehicles are normally able to continue to drive their cars during this intermittent period until the vehicles are able to be fixed. The law would take this option away from rental car companies and the companies could be forced to ground large portions of their fleets, which would impose a big burden on small rental car companies.

While this may be a concern, the fact is that renting out a recalled car can be very dangerous if the vehicle puts people at risk. Something needs to change in order to provide better protection to consumers and to ensure no further lives are lost in preventable accidents.
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The risks of texting and driving are widely known; however, new evidence suggests that texting while driving laws are not necessarily being enforced. According to reports, only about one citation is issued per day. Some suggest that enforcement of texting while driving laws may be difficult because it is hard to catch drivers in the act.

In every state, motorists, passengers, as well as pedestrians and bikers can be severely injured or lose their lives to distracted drivers. Victims and their families have advocated for harsher penalties for violators, including criminal convictions and sentences. Our Boston car accident lawyers are committed to helping stop distracted drivers to prevent injury and fatality among our nation’s motorists.

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Many states have enacted texting while driving bans. While legislators may believe that the laws are an effective way to fight texting while driving, law enforcement officers may not aggressively take action against drivers. According to a recent USA Today survey, drivers are not likely to get ticketed in most states. Some states average fewer than one texting while driving citation per day.

Police officers also agree that texting while driving laws are difficult to enforce. Many people just hold their phones below the window of their vehicle. Despite efforts to become more savvy when pulling drivers over, officers may need to adjust tactics to catch drivers in the act.

Every city, county, and state officer has the ability to give a citation when a driver breaks the law. In some states, local officers write more tickets for violators, while in other states, citations are more often distributed by state police. Currently, the Foundation for Traffic Safety is conducting a study to determine how many citations are actually issued. While it is difficult to assess, it is even more difficult to determine why there is not more enforcement of these laws. Some states don’t track texting while driving violations at all.

Even though most drivers know the dangers of texting while driving, many will still violate the law. According to recent studies, while 81% of drivers found texting while driving to be a serious threat, 35% of those surveyed had opened and read a text while 27% of those surveyed had typed and sent a text from their cell phone while behind the wheel.

Distracted driving has been found to be a greater risk to drivers than drinking and driving. Drivers who continue to text and drive face an accident rate 23 times that of drivers who are not distracted. While distracted driving could be attributed to other factors such as children, pets, or changing the radio station, the majority of these accidents are caused by cellphones and texting. The low numbers of those receiving citations may mean that drivers are not actually deterred by texting and driving laws.

To reduce the number of drivers who text when behind the wheel, safety advocates have also suggested additional penalties–through insurance companies. A recent survey found that 72.9% of drivers polled agreed that drivers who are caught texting should pay higher insurance rates.
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