Articles Posted in Distracted Driving

A five-year-old girl was buckled snugly into her booster seat in the back of her parent’s Toyota passenger car. It was the the day before Christmas 2014. She and her family – her mother, her father, and her older sister – were on the Texas interstate. Up ahead, police had stopped traffic. The girl’s dad, behind the wheel, applied the brake. The vehicle stopped in the left lane. The driver of the sport utility vehicle behind them, though, never saw the brake lights. At the time, he was using the video chat application on his Apple iPhone 6 Plus, known as FaceTime. The brakes on his 5,000-pound vehicle, traveling at full speed, were never applied. iphone

Everyone was hurt, but the injuries of the little girl and her father were especially serious. He survived. She did not.

Now, in Modisette v. Apple, the family is suing the manufacturer of the iPhone and its FaceTime application, which comes pre-loaded onto all iPhones and iPads. The plaintiffs allege that Apple has the technology to determine when a user is operating a motor vehicle and can disable the video chat application, which can dangerously consume a driver’s attention.

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One would think that putting an end to distracted driving wouldn’t be rocket science. But as it turns out, that could very well be the case. phone

An engineer/rocket scientist who previously developed motors used on NASA space missions has created a device he says could eliminate distracted driving. Although the device seems to have real promise, he’s been trying to get it on the market for two years. The real trick, it seems, will be getting cell phone makers, technology companies, auto manufacturers, and the federal government on board. At this point, Scott Tibbitts and his colleagues at Katasi say they have at least one mobile phone provider who may be close to rolling out the gadget. Another provider has shown an interest in adopting the technology.

Tibbitts says he’s been fighting for two years now to get top executives to hear him out. He has explained that the firms that would be first on the market with this, “Could be heroes… Save a bunch of lives.” But cell phone and auto makers are gun-shy. The fear is that they will be denying customers the option of being connected while in a moving vehicle. The problem is this “feature” is killing thousands of people every year.  Continue reading

A new study released by the research journal JAMA Internal Medicine reveals statistically what we may have suspected since the unveiling of Pokemon Go several months ago: It poses a safety risk to drivers and pedestrians. phone

In the augmented reality game, players have to move in order to propel their avatar forward in the game. Then, players collect rewards for “catching” Pokemon figures that are placed in real-world locations. It’s fair to say that the game incentivizes physical activity – and this is a good thing. However, it can be dangerous if either:

  • Drivers are using their cars to search for Pokemon;
  • Pedestrians aren’t being mindful of their surroundings as they move through traffic.

Whatever health effects the game may espouse are negated by the risk of serious injury in these scenarios.  Continue reading

A driver who allegedly thought nothing of typing out text messages while simultaneously operating a 4,800-pound vehicle is the reported cause of a fatal crash that killed a 53-year-old mother and seriously injured her husband and 16-year-old daughter. qwertykeyboard

The accused texting driver, 42, was arrested after police say his GMC Envoy rear-ended the victims’ Pontiac van while traveling westbound on U.S. 64. He is charged with texting while driving and failure to wear a seat belt. Authorities say additional charges – potentially vehicular manslaughter – could follow.

“We know that this is against the law,” the woman’s husband told a local news station shortly after his release from the hospital. “Yet we still have people out there that do those same things every day.”  Continue reading

Drivers who exchange texts and e-mails behind the wheel can be held civilly liable and criminally responsible for the car accidents and injuries they cause. We all know that already.

But what about the person on the other end of that communication?phone

Courts in several jurisdictions have held that third parties can be liable for injuries caused by that communication – when that third party knew or had reason to know the person with whom they were communicating was driving. It’s a major legal shift, and it’s a sign that society takes seriously the enormous damage that distracted driving can cause and the society responsibility to prevent it.  Continue reading

There are many different forms of in-vehicle distraction, but this may have been a first.

According to a recent news report from Journal Now, a woman is blaming her pet parrot and its coffee drinking habit for her crashing her car into a guardrail. Authorities report her pet parrot distracted 35-year-old accident victim. Her parrot was riding in victim’s car, and apparently not in a cage or any other type of animal carrier at the time of this accident.

o-que-que-h-1430846-m.jpgShe knows her parrot likes drinking coffee, and while she was traveling down the highway, she apparently saw her pet parrot pecking at the lid of her coffee cup located in one of the vehicle’s cup holders. When she looked down to keep an eye on her pet bird, she took her eyes off the road and slammed her car into a guardrail.

Following this rather bizarre single-vehicle car crash, she stated she noticed bird seed in one of her other cup holders next to the coffee cup, and also found a feather near the cup. When first responders arrived at the scene of this car accident, they found her to have suffered a broken arm and several facial lacerations.
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No parent is prepared for the news that they have lost their child in a deadly car accident. After a tragic North Carolina accident, a father tried to reach his son through text messages, but they were never received. While a father warned his son of a major accident on the road, he didn’t realize that his son had been traveling in the backseat. According to state troopers investigating the accident, a 16-year-old was driving recklessly and carelessly when he was involved in a collision that also killed two of his friends and injured another.

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Accident reports indicated that the 16-year-old driver was transporting several of his friends home from school when he lost control of the vehicle and struck several trees before the car overturned. Two of the victims were pronounced dead at the scene while the driver and another passenger were rushed to the hospital. The father of one of the victims heard about the accident and began to text his son. The first text asked simply, “Where are you?” The following texts became more desperate, as the father had gotten word of the wreck less than a mile from the family home.
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Accidents involving pedestrian victims can be deadly, especially when a vehicle is traveling at high speeds. In a tragic case, a 17-year-old girl was killed on Capital Boulevard in Raleigh when she attempted to cross the street. According to reports, the teen was struck when she crossed Capital Boulevard around 7 p.m. She crossed the road while oncoming traffic had a green signal, according to police reports. A 49-year-old driver was headed north when she struck the victim. She pulled over and tried to help while waiting for the authorities to arrive on the scene.


As with any accident case involving a fatality, this case is still under investigation. Authorities have not charged the driver, but do not believe that drugs or alcohol were a cause of the accident. The victim was in critical condition when she was taken to the hospital, but later died of her injuries. According to reports, this was the second accident in the past two months involving a pedestrian crossing at the same intersection. Another victim was struck on September 3rd in a hit and run, but the driver has not yet been located. The first victim suffered serious injuries, which were not life threatening.
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Last year, law enforcement officials throughout North Carolina issued 3,600 citations for texting-and-driving, which became illegal in the state for all drivers in 2009.
People know they shouldn’t text and drive. They know it’s illegal. Yet, nearly a third of drivers admit doing it anyway. For those who are caught, it’s a traffic citation accompanied by a $100 fine. For those who aren’t caught, however, the consequences can be tragic.

Our Charlotte auto accident attorneys know drivers who text are 23 times more likely to be involved in a fatal crash, and 95 percent of motorists surveyed said they recognize the heightened danger.
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In a tragic DUI pedestrian accident, a drunk driver struck and killed a North Carolina woman as she walked in Daytona Beach Shores. Reports indicate that the accused motorist has been released on bond. According to reports, the 45-year-old victim was walking with her 21-year-old son and his wife when she was struck by an oncoming vehicle. The accident occurred around 9:30 p.m. when the driver sped down a beach access ramp, crashed through a toll booth and ran over the victim. The driver was arrested at the scene and charged with DUI and manslaughter. The driver will also face criminal penalties for property damage caused by the accident.


In the event of a car accident that results in personal injury or wrongful death, victims and their families should take immediate action to protect their rights. While law enforcement officers and investigators can ensure that a driver is held criminally responsible, an experienced advocate will ensure that you get the compensation you need to cover your expenses and losses. Our Charlotte drunk driving accident attorneys are experienced in the investigation of cases involving DUI accidents. We will take a comprehensive approach to collect evidence, identify responsible parties, and pursue your legal rights in a civil case. Remember that you may be entitled to compensation for medical expenses, pain and suffering, funeral expenses, loss of companionship, lost wages, and any other personal losses you have endured.
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