Cell Phone Distractions Cause Countless Accidents

As a driver, you must be fully aware at all times in order to avoid accidents and stay out of harm’s way. Distracted driving can cause an accident anywhere — whether you are cruising on the highway or just driving around town.

Drivers can be distracted in a myriad of ways, such as fiddling with the radio, reading a map, eating, grooming and of course, texting on a cell phone. Cell phones have become an increasingly common distraction; with some estimates as high as a thousand deaths per year from cell phone related car accidents.

It is every driver’s responsibility to take steps to ensure the safety of not only themselves, but also passing motorists and pedestrians. Most accidents occur because of someone’s negligence or from a momentary lapse in judgment. In 2011 alone, over 3000 Americans were killed in distracted driving crashes and cell phone usage is a huge part of this issue.

There are three main types of distractions:

  1. Manual – taking your hands off of the wheel
  2. Visual – taking your eyes off the road
  3. Cognitive – taking your mind off driving

All distractions endanger driver, passenger, and bystander safety, but because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the most dangerous distraction.

Insurance companies are paying close attention to the link between cell phone use and car accidents and many auto insurance websites warn of the dangers of distracted driving. If you are at fault for a car accident caused by cell phone use, or are ticketed for talking while driving, you’re likely to see your insurance premium rise. The best way to avoid a higher premium is to avoid an accident — and potential driver distractions — altogether.

Although Ohio has implemented laws banning texting while driving, accidents due to distracted driving still occur. In cell phone lawsuits, records from cell phone carriers help us determine whether cell phone usage caused the accident. Was the person texting or making a phone call? Was the phone engaged in some other type of activity like using the internet or its GPS function? It takes an experienced Ohio accident attorney to answer these questions and help you recover if someone else’s negligence has caused you harm.

Driving while texting or talking on a cell phone is dangerous. There is nothing that can’t wait until you’re safely pulled over. Please do not allow a cell phone to be a distraction, possibly causing you or others serious pain and harm.

To learn more about personal injury law, I encourage you to watch the video above, explore this blog and visit our educational website at elkandelk.com. If you have legal questions, please call us at 1-800-ELK-OHIO. I welcome your call.

Arthur M. Elk

Texting a Driver May Make You Liable


People who send text messages to motorists may be found liable for accidents that occur from texting and driving. In Kubert v. Best, a New Jersey appeals court found that a person who texts someone that is driving can be held liable for personal injuries sustained by others who are involved in an accident caused by the driver.

“We hold that, when a texter knows or has special reason to know that the intended recipient is driving and is likely to read the text message while driving, the texter has a duty to users of the public roads to refrain from sending the driver a text at that time,” Judge Victor Ashrafi wrote in the unanimous opinion.

Shannon Colonna, a co-defendant in the case, had sent text messages to Kyle Best while he was driving his Chevy pickup truck. Mr. Best subsequently crossed the center line and sideswiped a motorcycle – causing serious injuries to the driver and his passenger. Although Colonna was not found to be liable (it was not clear if she knew the driver would read the text message) the court’s ruling has opened the door for future claims against remote texters.

Narrow Ruling

It should be noted that the court’s decision imposes only a limited duty on those sending texts. “The mere sending of a wireless transmission” to a person operating a motor vehicle is not enough. It must also be shown that the remote sender knew or had reason to know that the recipient was driving and likely to read the text message while driving.

The Court reasoned that this limitation is necessary because “the act of sending such messages, by itself, is not active encouragement that the recipient read the text and respond immediately, that is, while driving and in violation of the law.”

Better safe than sorry

While this was a New Jersey case, it’s no secret that driving while texting and other forms of distracted driving is a widespread problem.  Nationally, there were 387,000 injuries and 3,331 deaths in 2011 due to motor vehicle crashes involving a distracted driver. Other judges and lawmakers across the country are likely to consider this case when making future rulings or drafting new laws.

Just how dangerous is it to text? Sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds. At 55 mph, that’s the equivalent of driving the length of an entire football field – blind.

  • If you are driving, let your friends and family know that you’ll be behind the wheel and unable to answer their messages.
  • If you know someone is driving, or do not immediately receive a reply to your text – wait for them to arrive at their destination. Sending repeated texts demanding a reply could cause an accident – for which you may be partially liable.


Can you really be liable for texting a driver?” by Doug Gross, CNN, August 29, 2013.

Back-to-School Safety: Teen Driving

photo_894_20060124For many parents, the phrase “back to school” brings to mind #2 pencils and loose-leaf notebook paper. But for parents of older kids, the announcement of a new school year beginning evokes a very different (and terrifying) image: their teen behind the wheel.

It should come as no great surprise that most teens prefer driving to school. Some studies estimate that nearly 80 percent of teens get their license just so they don’t have to take the bus.

Parents should take the time to sit down and go over these teen driving safety tips before handing over the keys on the first day of school.

  • Pay Attention. Distracted driving accounts for thousands of deaths every year.
    • Do not talk on the phone or text while driving. Drivers who text and drive are 23 times more likely to get into an accident.
    • Do not fiddle with the radio, MP3 player, or navigation system.
    • Refrain from eating or drinking, checking your appearance in the mirror, or talking to passengers.
  • Limit Passengers. The more friends your teen has in the car, the more likely they are to be involved in an accident. (In Ohio, 16-year-old licensed drivers are not permitted to transport more than one person who is not a family member at any time, unless the driver’s parent or guardian is in the vehicle as well.)
  • Do a trial run. Many teens think they know where they’re going, but things are different without mom or dad in the passenger seat. Encourage your teen to look at a map before they go anywhere. It’s also a good idea to make sure they know multiple routes in case construction or an accident causes a road closure.
  • Get a good night’s sleep. If your teen has been a night owl all summer, encourage them to start going to bed earlier so they are alert in the morning. Drowsy driving can decrease your reaction time, impair your vision or judgment, and can increase your chances of getting into a car crash.
  • Leave early. Encourage your teen to arrive at school at least ten minutes before the first bell rings. Teens who feel they may be late are more likely to speed, tailgate, or drive erratically. The parking lot will also be less congested earlier in the morning.
  • Always wear your seat belt. Remind your teen to never start the car until they are certain everyone is wearing a safety belt (front and back seats.)
  • Keep your cool. Don’t try to compete with aggressive drivers; just stay out of their way. Teens may be tempted to race, tailgate, or “get back at” drivers who cut them off or offended them in some way. Remind your teen that emotional driving can be extremely dangerous. The U.S. Highway Safety Office reports that each year, tens of thousands of automobile accidents can be linked directly to the expression of road rage or by aggressive driving.

As parents, we can help our teens by modeling good driving habits and encouraging them to do the same for their friends.

For more information, visit Drive It Home, a program launched by the National Safety Council which offers specially created resources to help parents keep their teens safer on the roads.

Elk & Elk wants to help end distracted driving

Managing partner Art Elk and the rest of the lawyers at Elk & Elk are serious about putting an end to distracted driving. Together, we can save lives, one person at a time. Help us spread the word about how each of us can do our part to drive safely.