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Virginia drivers are distracted by more than just cell-phones

According to data collected by the Virginia Department of Motor Vehicles (DMV), there are about four cell-phone related crashes every day in Virginia – a total of 1,628 so far this year – but that’s not all that is distracting drivers.

There are actually three other distractions that according to the DMV distract drivers more than cell phones.  The top distractions are drivers who don’t keep their eyes on the road, tired drivers, and “rubbernecking” drivers (drivers looking at incidents on the side of the road).

The Virginia DMV lists the following as the Top Ten Driver Distractions:

1. Eyes not on road
2. Driver fatigue
3. Looking at roadside incident
4. Cell phone use
5. Passengers
6. Daydreaming
7. Radio/CD, etc.
8. Looking at scenery
9. Adjusting vehicle controls tied with Eating/drinking

These distractions are one of the reasons that the number of rear-end crashes on Virginia roads are on the rise.  Any time a driver is not paying attention to the road, there is an increased chance that he or she will crash into the back of the vehicle in front.

The federal government and Virginia lawmakers have been examining the issue of distracted driving, and even though it is not the number one distraction cell phone use is getting a lot of attention.  Virginia most recently passed laws restricting the sending and receiving of text messages and email by drivers, and some lawmakers want to similarly ban the use of cell phones behind the wheel.

Texting and tweeting while driving: a legal disconnect?

Text message use in the last few years has exploded.  More people than ever are keeping in touch with each other through mobile devices, allowing them to send and receive text messages from just about anywhere – even from behind the wheel.  Combine the ease of text messaging with services like Twitter, and the potential distractions for the modern driver are endless.

This has led to something of a conundrum in some states.  Even while banning or restricting the use of mobile devices to send and receive text messages and emails while driving, some states send out Twitter updates about road conditions, traffic issues or other road emergencies.

Virginia is one of these states.  Virginians can receive traffic information via Twitter, which means that some drivers could be using the service while they’re behind the wheel. The disconnect here is that Virginia lawmakers just passed legislation making it illegal to send or receive text messages or emails while driving.  Are authorities inadvertently encouraging road users to text and drive?

Instead of reading updates while driving, motorists are encouraged by some states to check the traffic situation before getting in their vehicle.  If road users are focusing their attention on their mobile devices instead of what’s going on around them – they could quickly become part of the traffic problem by causing a crash themselves.

Labor Day Drivers: Beware of Unsafe Holiday Driving

As the nation gets ready to celebrate Labor Day and weary parents send their children back to school, drivers need to be reminded that holidays can be a dangerous time to be on the road.

The Virginia Department of Motor Vehicles (DMV) collects statistics about car crashes across the state, and has information available publicly on their website.  Comparing data from year to year allows law enforcement officials to follow trends in driving accidents, and keep on top of potential problems.

Data about holiday weekend accidents is collected because over time holidays have proven to be more dangerous for drivers than other times of the year.  What’s interesting is that one holiday isn’t always the most dangerous; they tend to switch places each year.

For example, in 2007 Labor Day weekend had 22 traffic accident fatalities, more than any of the other holiday weekends.  However, last year Memorial weekend was the most dangerous, with 18 fatalities.

Here are the fatality statistics for 2008 holiday weekends, from most dangerous to the least:

1. Memorial weekend (4 days long) – 18 fatalities
2. Thanksgiving weekend (5 days long) – 12 fatalities
3. Fourth of July weekend (4 days long) – 10 fatalities
4. Labor Day weekend (4 days long) – 7 fatalities
5. Christmas weekend (5 days long) – 6 fatalities
6. New Years Day weekend (4 days long) – 5 fatalities

Drive safely this upcoming Labor Day weekend!

Wimpy bumpers can mean expensive repairs after a crash

If you get into a car accident, one of the first parts of your car to take an impact is the bumper.  In the old days, bumpers were often unattractive but functional, and you could bang them up a bit without too much worry.  However, these days bumpers are both functional and decorative, their sleek design adding to a car’s roadside appeal but also upping the cost of a future repair.

The exorbitant cost to fix the technology driven gizmos and gadgets in some newer cars is a frustration for many drivers, especially those facing a big repair bill after an accident.  Car manufacturers aren’t helping much, as the Insurance Institute for Highway Safety (IIHS) revealed in a recent test.

Several mid-sized vehicles tested by IIHS scored poorly on low-speed crash tests, meaning that it wouldn’t take much force to damage the bumper and land the car in the repair shop.  Not only is it aggravating to have to repair a car after a minor fender bender, but it can be pricey as well.

Here are IIHS’ low-speed crash ratings and bumper repair averages for five 2009 midsize vehicles:

• Honda Accord MARGINAL rating, weighted average repair cost of $1,133
• Hyundai Sonata MARGINAL rating, weighted average repair cost of $1,265
• Nissan Maxima POOR rating, weighted average repair cost of $1,687
• Ford Fusion POOR rating, weighted average repair cost of $2,207
• Chevrolet Malibu POOR rating, weighted average repair cost of $2,329

Think about it: if a low-speed crash can cause over $2,000 worth of damage in a new car, what is the cost going to be in a serious accident?  Ouch!

Virginia laws restricting cell phone use while driving

Do you use a cell phone while driving?  Some surveys suggest that over 80 percent of drivers do, and Virginia lawmakers are starting to take notice.  Not only is cell phone use behind the wheel becoming alarmingly prevalent, but it is also very dangerous.

With accidents caused by cell phone users costing Americans $43 billion each year, there is immense pressure on legislators to further restrict driving laws.  And it isn’t just about hands-free devices.  Studies have shown that drivers are equally distracted and likely to cause serious auto accidents whether they are talking on a hand held or hands free mobile phone.

Virginia probably won’t be banning cell phone use completely any time soon.  It has taken a number of years just for lawmakers to push some very basic cell phone driving restrictions through the General Assembly, although this year text messaging was banned for all drivers.

Below is a summary of cell phone laws in Virginia:

• There is no overall ban on the use of handheld devices while driving in Virginia
• Cell phone use is banned for all drivers under the age of 18
• Cell phone use is banned for all bus drivers
• Sending or receiving text messages or emails while driving is banned for all drivers in Virginia
• Cell phone and text message bans are only enforceable for secondary enforcement (this means police cannot pull somebody over for using a cell phone; drivers can only be cited if they are pulled over for another reason)
• The ban on handheld devices is enforceable by primary enforcement only for bus drivers (they can be pulled over just for talking on a cell phone)

Read more about distracted driving in our law library article “Distracted Driving: A Growing Danger on Virginia Roads”.

Medical emergencies can lead to serious car crashes

A fatal Virginia beach car crash illustrates how deadly an unexpected medical condition can be.  A North Carolina man is dead after crashing his car on Blackwater Road, near the Virginia and North Carolina state line.

The cause of the accident?  According to police investigators, Cecil W. Davis’ pre-existing medical condition contributed to the crash – and his death.

Unexpected medical emergencies are one overlooked cause of potentially serious auto accidents.  Crashes can happen when a driver becomes incapacitated when suddenly experiencing a stroke, blackout, or other medical event that can leave them unable to drive.

Medical emergencies are more common in groups like senior citizens or those with known medical conditions like diabetes or seizure disorders.  These drivers often fact the difficult choice between the freedom offered by driving and the risk that they could be a danger to themselves or others on the road.

If you’ve been the victim of a serious auto accident, you might be surprised to find out that the accident was caused not by the other driver’s inattention or poor driving, but by a known or unknown medical condition.

Will dialing and driving be a thing of the past in Virginia?

If you ask people what their greatest annoyance on the road is these days, many will respond that it is those pesky drivers who hold animated conversations on their cell phones while driving.  Nobody likes to see a distracted driver chatting away with only one hand on the wheel as they speed down the highway, ready to cause a serious auto accident.

Studies support the general perception that talking on a cell phone while driving is not safe.  In fact, some studies have compared cell phone conversations behind the wheel to driving while under the influence of alcohol.  It’s an issue that many states and local governments are taking seriously.  Some, like Washington D.C., have passed “hands-free” laws, which require a hands-free device to be used with cell phones.

Virginia already has a law on the books that makes it illegal for drivers under the age of 18 or those still using a learner’s permit to use a cell phone for talking or texting while behind the wheel.  Until now, no bill has successfully passed in the Virginia General Assembly that ban cell phone use for driving adults in the Commonwealth of Virginia.  Some lawmakers want to go even further than the hands-free laws and ban the use of all wireless devices while driving – that includes the use of hands-free devices.

It’s a controversial topic.  To date, while five states and the District of Columbia require the use of hands-free devices, no states have completely banned the use of all wireless devices.

It looks like this year lawmakers in Virginia will try again to pass a law restricting the use of wireless devices like cell phones and Blackberries.  At least two laws have been put before the General Assembly so far, one to ban only text messaging while driving and the other similar to the hands free law in DC.

Only time will tell if Virginia lawmakers indeed have the stomach to make such a ban reality.