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Analysis: Virgina's Texting & Emailing Ban Makes VA Highways and Interstates More Safe

Rick Shapiro — Sun, 20 Sep 2009 14:29:00 GMT

It seems these days that no one can go a minute without consulting their iPhone, Blackberry, or cell phone. No matter where we are, we’re never too busy to send a text message or an email—even if we’re driving. The state of Virginia (VA), however, says that a text message or email can wait-the language of the state law is set out below. On July 1, 2009 the Virginia state law went into effect making it illegal for drivers to text or e-mail while driving. Virginia has now joined 13 states and the District of Columbia in banning text messaging while driving. North Carolina (NC) followed Virginia and became the 14th state to enact a ban. For an example of what can happen with distracted texting driving view the video below:

http://www.youtube.com/watch?v=R0LCmStIw9E&feature=related

The Virginia texting & email ban is Virginia Statute § 46.2-1078.1 states that, “It shall be unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to: 1) Manually enter multiple letters or text in the device as a means of communicating with another person; or 2) Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information.” Violators will receive a $20 fine for the first offense, and a $50 fine for a second offense. The law is a secondary offense, so officers must pull the driver over for a different violation, and then can add on the texting violation.

Statistically speaking, this ban could not have come sooner. The Virginia Tech Transportation Institute concluded drivers who text are over 20 times more likely to crash than those driving while not using a phone. According to the Virginia Department of Motor Vehicles, 28,395 crashes occurred in Virginia involving driver distraction. Of those, 114 people died and 14,480 were injured. Driver distraction, along with following a vehicle too closely, is the most common cause for crashes in Virginia, so lawmakers are attempting to make drivers stop focusing on their phones and pay attention to the roads.

For those of you who remain unconvinced, it turns out that texting while driving is just as dangerous as driving drunk, if not more! The Transport Research Laboratory found that motorists who use their mobile phone to send text messages while on the road dramatically increase the likelihood of collision. Their reaction times deteriorated by 35 per cent, much worse than those who drank alcohol at the legal limit, who were 12 per cent slower, or those who had taken cannabis, who were 21 per cent slower. In addition, drivers who sent or read text messages were more prone to drift out of their lane, the research found, with steering control by texters 91 per cent poorer than that of drivers devoting their full concentration to the road. Car and Driver Magazine recently conducted its own test, and it found that reaction time was much worse for drivers when they were texting while driving than when they were under the influence of alcohol.

When all is said and done, many accidents can be avoided just by paying less attention to our phone and more attention to the road ahead. Remember, that text message will be there when the drive is over, but if you answer that text, you might not be.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers. We also host a YouTube injury law video library with more than 50 videos covering many FAQs on personal injury subjects. Lawyers with Shapiro, Cooper, Lewis & Appleton are licensed in VA, NC, SC, WV, DC and KY. They handle car, truck, railroad, medical negligence cases and more.

Originally posted at InjuryBoard by Rick Shapiro

Charges filed in bicycling death of Virginia Beach (VA) physician

Emily Mapp Brannon — Thu, 19 Nov 2009 23:11:26 GMT

Almost three months after Virginia Beach physician Joseph Mirenda was struck and killed while bicycling near Harrisonburg, the driver who killed him has been charged with a crime.

Jessica Chandler, 22, was charged with reckless driving, according to The Breeze, the student newspaper at James Madison University in Harrisonburg.

Mirenda was biking 50 miles from Wintergreen to Harrisonburg to visit his son at JMU, The Virginian-Pilot reported at the time.

Mirenda was south of Harrisonburg when he was struck from behind at around 10:45 a.m. on Aug. 24.

Chandler, of nearby Port Republic, was driving the Ford Taurus that hit Mirenda on Port Republic Road.

Mirenda’s son told The Breeze that he didn’t want Chandler charged with a more serious crime.

“I’m glad she didn’t get a felony or anything like that,” Mirenda said to the newspaper. “She’s already going through a lot, and she obviously didn’t do it on purpose.”

His viewpoint is influenced by his father’s outlook, he said.

“Just trying to imagine being in the driver’s standpoint,” Mirenda said, “I wouldn’t be able to live with myself.”

The fatal crash is a reminder for drivers to take care when operating their vehicle around bicyclists. The Virginia Department of Motor Vehicles directs drivers in rural areas to keep an extra watch for out-of-the-ordinary vehicles like trucks, oversize and slow-moving farm vehicles and bicycles.

Police looked at Chandler’s cell phone records to determine if she had been texting or talking on the phone at the time of the incident,” The Breeze reported, “which could have resulted in a more serious charge.”

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

New GPS-Based Software May Be One Solution to Texting & Driving Epidemic

Rick Shapiro — Tue, 13 Oct 2009 05:09:00 GMT

The controversy surrounding texting while driving is not only a local Virginia (VA) and Carolina (NC/SC) issue but has received national attention as Transportation Secretary Ray LaHood described texting while driving as an epidemic.

A summit was held to address the issue of distracted driving and virtually everyone in attendance was trying to figure out a way to prevent texting while you’re behind the wheel of a car. Well, Michael Adler of a company called Websafety may have developed one high tech solution: software which will disable texting capabilities on a cell phone when driving over 10 m.p.h. by accessing GPS technology and calculating vehicle speed. This texting disabling technology sounded intriguing so I interviewed a Websafety representative to learn more about this high tech method using GPS technology to disable texting.

Q. Tell me about your company, how long has it existed and did your company invent this technology?

A. Websafety has been developing the Websafety Software for the past three years. The product has been available formally for less than 30 days. Yes, Michael Adler, the founder of Websafety, out of Dallas, Texas developed the software.

Q. How does a user implement your product?

A. Once the user buys a year subscription, the user downloads the software through the Websafety website-back office.

Q. Are you selling this to individual users or to cell phone companies, or both?

A. Both - our mission is to stop the use of cell phones in moving vehicles through all different means-as quickly as possible to reduce the amount of deaths caused by text messaging while driving.

Q. Can you tell me about any companies or areas using your products and how it is working?

A. So far we are having great success because Websafety is committed to successful downloading and fulfillment of the software.

Q. What does it cost per user?

A. Depending on the amount of computers and cell phones a family wants protected, anywhere from $149 to $499 per year.

Q. Where can someone learn more about Websafety?

A. www.mywebsafety.com/kidsafe

Hopefully, as awareness surrounding distracted driving continues to grow, technology addressing such issues like texting while driving will be made widely available and we can take a step forward in improving driver safety across the nation. Until then, be sure to read more on Websafety and check out our law firm’s special report on distracted driving. It seems to me that large cell phone companies should enable a monthly fee service to disable texting while a vehicle is moving even at 5 mph! What careful parent would not pay a small fee to assure that their teenager using a cell phone on their account must act responsibly?

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident injuries in Virginia. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service. PA

Originally posted at InjuryBoard by Rick Shapiro

Beach Attorney Recognized for DUI Prosecution Efforts

Rick Shapiro — Tue, 24 Nov 2009 10:20:00 GMT

Local prosecutor Charisse Black last week received a national award for keeping alcohol- and drug-addled divers off the streets of Virginia Beach.

Mothers Against Drunk Driving tapped Black as one of 15 recipients of its 2009 President's Criminal Justice Award for "her thorough gathering of facts, complete knowledge of current Virginia DUI laws and her ability to convict the majority of the cases she presents." Black's supervisor, Commonwealth's Attorney for Virginia Beach Harvey Bryant also praised Black for "seeing that those who drive drunk are convicted and punished without delay.' Bryant also said that "Charisse embodies the ‘get tough’ attitude that this office has toward drunk drivers."

I am happy to add my congratulations to Black and to express my appreciation for her work. Drunk and drugged drivers cause untold tragedy in our area and across the United States. While statistics on fatalities, injuries and monetary damages caused by drivers impaired by drugs and alcohol are kept, those numbers do not come close to telling the story of how DUIs can ruin and end lives.

Prosecuting drunk and drugged drivers is only part of the solution, of cpursse. Drivers need to take responsibility and stay out their cars if they have been drinking or doing drugs. Also, as we kickoff the holiday party season, hosts and guests need to watch their friends and head off potential drunk drivers by ensuring safe rides homes for those who need them.

Until people do assume their full responsibilities, however, it is good to know that prosecutors like Black are protecting us.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

$4 million study planned for Virginia Beach auto crashes

Jim Lewis — Fri, 20 Nov 2009 21:54:43 GMT

A team of researchers studying the role of drugs in automobile crashes will hit the streets of Virginia Beach in 2010 to quiz – and potentially draw blood from – drivers involved in traffic accidents, The Virginian-Pilot reported Friday.

The researchers are from the Pacific Institute for Research and Evaluation, which bills itself on its Web site as “one of the nation’s preeminent independent nonprofit public health organization.”

Their goal is to learn how using drugs – over-the-counter, prescription, and illegal – plays a role in whether or not the driver gets into a crash.

The study is expected to involve 2,500 drivers who are in crashes and another 5,000 drivers not in crashes. It’s not clear how those 5,000 non-crash drivers will be selected.

To reach drivers involved in crashes, researchers will ride with off-duty police officers – paid by the institute – to crash scenes. Officers will introduce researchers to people involved in crashes. Participation is voluntary, the newspaper said.

“Not only is it conducting the valuable research that will be used nationwide and for many years to come, but also it’s supplementing our workforce,” Virginia Beach Police Department Sgt. Scott Wichtendahl told the Pilot. “The ramifications of it are astronomical.”

According to the Virginia Beach Police Department, drugs or alcohol were involved in 7 percent of the city’s 9,021 auto crashes in 2008.

Of 49 fatal crashes in 2008 and so far in 2009, 27 – more than half – involved drugs or alcohol.

The study will cost about $4 million.

(MM)

Originally posted at InjuryBoard by Jim Lewis

Fatal Virginia Beach (VA) accident raises questions about minivans

John Cooper — Sat, 21 Nov 2009 16:36:31 GMT

The unfortunate accidental death of Virginia Beach grandmother Scarlet A. Harvell has raised important questions about the safety mechanisms automakers build into vehicles.

Harvell, 54, was unloading groceries from the minivan Monday afternoon when one of her young grandchildren apparently climbed behind the wheel and put the van into gear, WVEC-TV reported.

The van rolled backwards, The Virginian-Pilot reported, with an open door striking Harvell and knocking her down. She suffered a serious head injury and died at an area hospital Tuesday evening.

Virginia Beach police are still investigating the crash, and authorities have not released the make, model or year of the minivan.

But 221 people died in 2007 when they were struck by autos in reverse, The New York Times reported in April. About 14,000 people were hurt in the same period, The Times said, citing the National Highway Traffic Safety Administration.

Not all automobiles come with a brake transmission safety interlock (BTSI). This safety mechanism requires the driver to apply pressure to the brakes before the auto can be shifted into gear.

Since most children cannot reach the brake pedal, this means they cannot put a vehicle into gear simply by moving the transmission lever.

ABC News reported in 2006 that Chrysler minivans – Chrysler also manufactures the Plymouth brand – do not have the brake transmission safety interlock.

"They advertise it for families," Joan Claybrook, a consumer advocate, told ABC. "And yet it's a killer vehicle. This vehicle can kill people inadvertently."

The NHTSA has this advice to avoid accidental vehicle rollaway:

– Teach children not to play in or around autos

– Supervise children carefully in and around autos

– Lock the auto when left unattended

– Never leave keys in the car

– Always activate your emergency brake when you park

– Check whether your vehicle has a brake transmission safety interlock.

(MM)

Originally posted at InjuryBoard by John Cooper

One Dead, Three Injured in Virginia Beach Car Accident

John Cooper — Wed, 04 Nov 2009 13:19:42 GMT

The driver of a 2006 Toyota Scion was traveling along Indian River Road in Virginia Beach, Virginia (VA) when tragedy struck. The driver turned too quickly around a curve, overcorrected, and wound up in the opposite lane hitting a Honda Odyssey in a head-on collision, according to WAVY.com.

There were three people in the Honda Odyssey – a wife, husband, and their daughter – all of whom sustained injuries from the car accident. What a nightmare to have a car coming at you the wrong way, in your lane! There is nothing the parent/driver could do, once the other driver made the grave mistake behind the wheel which set the collision sequence in motion.

This terrible incident reminds us how important it is to reduce our speed when making sharp turns around curves on the road.

Originally posted at InjuryBoard by John Cooper

Virginia Beach mom dies in Chesapeake crash

Jim Lewis — Tue, 03 Nov 2009 12:30:41 GMT

Katie Young – a Virginia Beach wife and mother of two – died Friday night when the car she was riding in collided with a second auto at Mount Pleasant Road and Stadium Drive in Chesapeake.

The death of Young, 29, is particularly tragic – a national newspaper wrote two days before her death about how her family was dealing with her recent diagnosis of Crohn’s disease.

The Young family has my deepest sympathies. They are bearing a burden no family should ever have to.

Young was a passenger in a Honda that was traveling on Stadium Drive in Chesapeake when it crossed Mount Pleasant Road. A Buick headed east on Mount Pleasant collided with the Honda, and Young was thrown clear by the force of the impact, The Virginian-Pilot reported.

Police have not yet identified the driver of either auto, and no charges have yet been announced.

The crash happened just after 11 p.m. Friday near Colon Hall Stadium and Great Bridge Middle School.

Young lived in the 3900 block of Rainbow Drive in Virginia Beach, the newspaper said. She was married to Justin Young and they had two children together: Justin, 8, and Madison, 5.

Young’s husband had recently restarted his music career – songs and more at justinyoung.com – to help pay medical bills for his wife’s Crohn’s disease.

"You look at the trials that happen in your life and say, OK, why am I going through this? What am I supposed to learn from this? Let's learn this and move on,” Justin Young told the Mormon Times before the crash. “That's how we're looking at it."

Originally posted at InjuryBoard by Jim Lewis

Three People Injured After Virginia Beach Plane Crashes in South Carolina

Jim Lewis — Tue, 10 Nov 2009 09:59:48 GMT

A multi-engine Beechcraft B200 King Air airplane crashed before arriving at the runway of Greenville-Spartanburg International Airport in South Carolina (SC). Three people were injured including the pilot and two individuals employed by Stevens Aviation, according to The Virginian-Pilot.

The pilot was employed by MTDR Holdings LLC, a Virginia Beach company which the airplane is registered with.

We dont know how badly the three men were injured, but I hope they pull through. As a licensed pilot, Ive always worried about the risk of a bad landing turning into a bad accident. Its terrible to hear when this scenario comes to fruition.

We know the plane hit a guardrail while trying to land, but further details regarding the accident havent been released. Well have to wait and see what the Federal Aviation Administration has to say in their accident report.

This isnt the first time this model airplane was involved in an aviation accident. Back in September a B200 crashed at Hayward Airport in California.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Jim Lewis

Railroad Diesel Exhaust Fume Disease & Pollution: Interview with Dr. Dick Van Steenis, British Authority on Diesel Pollution

Rick Shapiro — Fri, 18 Apr 2008 10:03:00 GMT

Diesel exhaust fumes health and safety issues have been pushed to the forefront of health news by passage of new U.S. governmental regulations pertaining to railroad locomotive engines and other diesel spewing engines, as well as publication of a number of diesel exhaust fume studies, which showed that prolonged exposure caused “diesel asthma” and also are linked to increased incidence of lung cancer.

One of the leading authorities on the health and safety dangers of diesel exhaust fumes is Dr. Dick Van Steenis, a specialist in occupational medicine and scholar, who lives in Great Britain. After the exchange of email discussions with Dr. van Steenis on current topics of interest relating to diesel fumes, I thought it would be a great idea to interview him on this important health and safety topic. The interview follows:

Q: For those persons in the United States reading this article, I wanted to first note that you are actually a resident of England and are also a medical doctor by background and training. Can you tell us briefly about your medical career and how you became interested in health issues relating to diesel exhaust fumes?

A: I have been researching the health effects of industrial air pollution for 13 years. I used to be a general medical practitioner and in 1995 was asked by the Campaign for the Protection of Rural Wales to sort out health aspects of a power company application. I clearly needed to learn the subject and was in contact with leading experts located at Harvard, Denver & elsewhere, and extensively read and studied this subject over many years. I am now published in 4 medical publications & have lectured at 4 international medical conferences including 2 in USA (Dallas & Hot Springs).

Q: Tell us about some of the adverse health effects of diesel exhaust fumes you have studied in the United Kingdom?

A: My research includes effects of emissions from using various qualities of diesel ranging from "city diesel" which is between road diesel & kerosene, down to dirty industrial diesel mixes including waste oils with solvents. Diesel quality in trains in the UK varies with each company. Virgin are cleanest & First Great Western worst. The particulates emitted from diesel finally become PM1 to PM2 in size and contain carbon, polyaromatic hydrocarbons, other items and in the case of waste oil mixes also heavy metals. Carbon monoxide, carbon dioxide and nitrogen oxides are also emitted. Inhalation of carbon monoxide is not healthy, nor is inhalation of particulates of the PM1 to PM2.5 size all of which go into the depths of your lungs.

Q: Here in the United States, diesel fuel is not used with nearly the frequency it is in Great Britain or Europe as virtually 99% of the automobiles in this country use gasoline and not diesel. Based on your research what would you consider the worst polluters of diesel exhaust fumes in the United States and is this the same in Great Britain?

A: The worst polluters in the UK are earth moving equipment. One such machine was tested using industrial diesel and emitted as many fine particulates as 900,000 Volvo V70 cars and most were of the PM1 size. Four "bulldozers" working on a development in Brighton (UK) June 2007 caused air levels as high as 1100ug/m3 (safe level about 5ug/m3). The second worst emitters are some trains of old technology using inferior quality diesel fuel. (I am only discussing diesel vehicles, not oil refineries or incinerators, which have huge health effects in the UK).

Q: Based on your research, is there a clear consensus as to what part of diesel exhaust fumes are likely causing the increased lung cancer rates that have been studied and analyzed?

A: Lung cancer can be caused by polyaromatic hydrocarbons always present in diesel emissions, and by any heavy metals present such as nickel, cadmium or chromium.

Q: In one of our email exchanges you explained that particulate size (PM)of diesel exhaust fumes is a very important medical and health factor in relation to disease process in the lung. Can you please explain this so it is easily understood for a reader?

A: When PM1 & PM2.5 diesel emissions are inhaled, the soluble content goes into the blood stream. The rest is dealt with by macrophages and T-lymphocytes of the immune system. That leaves the body unprotected against infections and vaccines as the T-lymphocytes are busy in the lungs. The remnants of the particles are walled off by fibrous tissue causing COPD. The reaction sets up an inflammation causing platelets & red cells to become more sticky which can lead to a heart attack. Any nickel present messes up the heart's electrical system. Other content alters the blood cholesterol making it more dangerous.

Q: Is diesel fuel sold in the United States now, since the year 2000, essentially the same as diesel fuel that was sold in the 1970s and 1980s as far as pollution or health effects?

A: The quality of road diesel sold in USA & UK has improved since 1990 and of non road diesel it has improved in USA due to the USEPA stipulating reductions of sulphur content by 99%. Further improvements can only be made in purity & viscosity.

Q: Thanks very much for agreeing to this interview!

A: You are very welcome.

Originally posted at InjuryBoard by Rick Shapiro