Distracted driving leading cause of auto accidents

Even though the dangers of distracted driving are widely-publicized, it seems that the message has not sunk in to every driver. According to the Transportation Safety Group at the National Safety Council, driver distraction is the leading cause of motor vehicle accidents. The Group found distraction is a factor in about 80 percent of car accidents. Before picking up the phone while behind the wheel, Illinois drivers should consider the dangers of distracted driving and the state's laws about distracted driving.

Dangers of distracted driving

The U.S. Department of Transportation reported that in 2011 alone, 3,331 people died in distraction-related auto accidents -- up from 3,267 in 2010. The number of people who suffered injuries in distracted driving motor vehicle accidents in 2011 was about 387,000. Researchers from Monash University found that drivers who use hand-held electronic devices are four times more likely to be involved in an injury-causing accident. Drivers who send text messages while behind the wheel are 23 times more likely to get into accidents, according to the Virginia Tech Transportation Institute.

Distracted driving encompasses more than just cell phone use while driving. Driver distractions include anything that take the driver's attention off the task of driving. Distractions can be:
- Visual: things that take the driver's eyes off the road, such as reading maps, GPS devices, street signs or billboards
- Manual: things that cause a driver to take his or her hands off the steering wheel, such as answering a cell phone, sending a text message, eating or grooming
- Cognitive: things that take a driver's thoughts away from driving such as conversations with passengers or on the phone

Illinois' distracted driving laws

Illinois has several laws regulating drivers' behavior to try to eliminate distracted driving. As of January 1, 2013, commercial vehicle drivers may not use hand-held cell phones or send text messages while driving, which mirrors federal safety regulations. Prior to the change in the law, commercial drivers were only prohibited from sending text messages while driving. Drivers may not use hand-held cell phones in school or construction zones. Drivers with graduated licenses may not use cell phones at all -- not even hands-free devices. Additionally, the state bans sending text messages while driving for all drivers.

Talk to a lawyer

When drivers do not take caution behind the wheel, they cause accidents. In some cases, when drivers violate state driving laws it can demonstrate that they were negligent. If you have been injured by another driver's carelessness, speak with an experienced attorney who can help you recover for your losses.

Article provided by Brady & Jensen
Visit us at www.bradyjensenlaw.com

FL Web Advantage

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Distracted driving leading cause of auto accidents

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Drunk driving laws and alcohol breath tests in Tennessee

Alcohol breath tests are one of the main ways in which drunk driving laws are enforced in Tennessee. While the measuring of one's blood alcohol content by way of an alcohol breath test is very much relied upon by law enforcement, these tests have their shortcomings. Those involved in drunk driving situations where an alcohol breath test is administered should be mindful of these shortcomings so as to avoid erroneous but incriminating results.

The role of alcohol breath tests in Tennessee drunk driving law

Tennessee drunk driving law links a person's blood alcohol content to the severity of the punishment for the crime of which a defendant might be accused. For example, a first-time DUI offender with a blood alcohol content of 2.0 or more will have a minimum jail time of seven consecutive days. Other crimes will require a BAC of 0.08 or more in order to apply. Whether it be the deciding factor in guilt for a particular crime itself, or merely a factor in determining the severity of the punishment, alcohol breath tests are not perfect.

Alcohol breath tests work with varying accuracy

Alcohol breath tests can be administered at the scene of the alleged crime, or soon after the arrest at a nearby police station or lab. Testing at the scene of the crime could lead to erroneous results. For example, bleeding in the mouth of any kind could lead to erroneously high results. Also keep in mind that vomiting, or even burping or hiccupping could artificially inflate the results, as these are all situations where the concentration of alcohol in one's breath could increase substantially.

Testing at the lab is far more reliable, and much more likely to hold up in court, but it remains imperfect. Depending upon whether the test is conducted based on the "whole blood" or the "blood serum," there could be as much as a 33 percent difference in the results of the test. It's bad enough that police may make mistakes, but it's particularly concerning to Tennessee residents that an accused person could be arrested due to a faulty test.

Consult and experienced DUI attorney

For those who have been arrested for DUI and subjected to an alcohol breath test, the best and perhaps only way to avoid the maximum penalty and punishment, and in some cases the very record of the arrest, is to contest the accuracy of the alcohol breath test.

The accused person's BAC is crucial under Tennessee drunk driving law and a criminal defense attorney's ability to call the accuracy of the alcohol breath test into question may be the difference between a conviction and an acquittal.

Article provided by Law Office of Kenneth W. Brashier
Visit us at www.brashierlaw.com

FL Web Advantage

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Drunk driving laws and alcohol breath tests in Tennessee

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