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“Texting is so dangerous and we at Spivey Law Firm, Personal Injury Attorneys, P.A. have seen such devastation to families, that we feel obligated to discuss texting and driving frequently in our blogs in a hope of bringing attention to this senseless act, if only to save one life,” said Randall Spivey Naples Auto Accident Attorney. 

Even though efforts to discourage drivers from texting have increased in recent years, the consensus is that the problem is getting worse. Experts report that text messaging requires a driver to use visual, manual and cognitive attention, making texting by far one of the most alarming distractions. 

Nearly 3,500 people were killed in crashes which involved distracted drivers in the U.S. in 2015 which was an increase from the previous year. Cellphones were the distraction in 476 of the 2015 accidents which was up from 406 in 2014 according to NHTSA (National Highway Traffic Safety Administration) statistics. 

Around the country police departments have gotten creative in trying to get drivers to put down their phones, according to the Columbus Dispatch, Columbus, OH: 

• State police in Chattanooga, Tennessee, have been known to patrol in a tractor-trailer so they can sit up high and spot drivers texting behind the wheel. 
• In Bethesda, Maryland, a police officer disguised himself as a homeless man, stood near a busy intersection and radioed ahead to officers down the road about texting drivers. In two hours last October, police gave out 56 tickets. 
• In West Bridgewater, Massachusetts, south of Boston, an officer regularly tools around town on his bicycle, pedals up to drivers at stoplights and hands them $105 tickets. 

Laws against texting and driving  

According to Stoptextstopwrecks.org, as of February 2015, 44 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands ban text messaging for all drivers. All but 5 have primary enforcement. 

• An additional 4 states, Missouri, Mississippi, Oklahoma, and Texas, prohibit text messaging by novice drivers 
• Three States, Missouri, Oklahoma and Texas, restrict school bus drivers from texting 

Why isn’t police enforcement working? 

According to LawEnforcementToday.com: 

1. Surveys show that most drivers know the dangers of using their phones while driving but that many do it anyway. 
2. Enforcement is difficult, in part because it is hard to prove texting violations in states that allow drivers to talk on hand-held cellphones. 
3. Drivers have also become sneakier. Instead of resting their phones against the steering wheel, they hold them down low to make it more difficult for police to see what is going on. 

Proposed measures to stop texting and driving 

In the AP (Associated Press) article, “Police losing battle to get drivers to put down their phones,” it reports that some lawmakers propose equipping police with a device called a “Textalyzer” which would allow an officer investigating a crash to check a driver’s cellphone for activity prior to the wreck. In some states, drivers caught texting get points added to their driving record, which can lead to higher insurance rates. Other states have increased the penalties for texting offenders. 

There are apps which can help prevent texting while driving. Consumer Reports has several on their website. Here is a link to their video: Apps to Prevent Texting While Driving. 

“Contact Spivey Law Firm, Personal Injury Attorneys, P.A. if you or a loved one has been injured in an accident involving a driver who was distracted by texting,” said Attorney Spivey. 

Naples Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.