Is Any Text Message So Important That It Cannot Wait?

WHERE U AT?                  LOL!                     YEAH!  

Are any of these messages worth dying for?  Are any texted conversations worth dying for?  Viewing these messages seems harmless, doesn't it?  However, the possible results of a driver being distracted long enough to send or read any of these messages can be devastating.  As AT&T's new documentary, "The Last Text" so powerfully demonstrates, one single text can end or change a life forever. 

Teens generally send 100+ text messages each day.  It's how they communicate.  Teens also expect practically instant responses to their messages.   Since they also see adults texting while driving, what can be wrong with it?   According to AT&T's "It Can Wait" campaign, 97% of teens know texting and driving is dangerous, but continue to text and drive "all the time."  As a matter of fact, 43% admit to doing so and 75% say texting and driving is common among their friends.  As we head into prom season, graduation and summer, also known as the "100 deadliest days for teen drivers on the road - the days between Memorial Day and Labor Day," the prevalence of texting and driving creates a potentially deadly combination. 

Listed below are some alarming statistics and highlights from the AT&T Teen Driver Survey:

  • "Peer Pressure: Almost all teens (89 percent) expect a reply to a text or email within five minutes or less.
  • Knowledge but Little Action: 75 percent of teens say texting while driving is very dangerous – but 43 percent admit to doing so.
  • Gateway” Dangers: 70 percent of teens believe texting while stopped at a red light is dangerous.
    • Still, 60 percent of teens admit to texting at a red light and 73 percent admit to glancing at their phone at a red light.
    • 61 percent of teens say they glance at their phone while driving, and 61 percent have seen their friends read or send an email, or text, while driving.
  • Learning by Example: According to 77 percent of teens, adults tell kids not to text while driving – yet adults do it themselves “all the time.”
    • 41 percent of teens report seeing their parents read or send an email, or text, while driving.
    • Still, 89 percent of teenagers say their own parents are good role models in terms of not texting while driving.
    • And, 62 percent of teens feel that getting reminders from their own parents not to text and drive would be effective in getting them or their friends to stop texting and driving.
  • Minority Disparities: Hispanic teens (54 percent) are more likely to admit to the practice of texting while driving than Caucasian (41 percent) and African-American (42 percent) teens.
    • Hispanic teens (52 percent) also are more likely to report seeing their parents text while driving, compared to 38 percent of Caucasian teens and 44 percent of African-American teens who reported seeing their parents text while driving.
  • What Helps Lessen the Urge: 89 percent of teens said a phone app to prevent texting & driving – like AT&T DriveModeTM – would be an effective way to get them or their friends to stop texting and driving. AT&T DriveModeTM provides a customizable auto-reply message notifying friends that the user is driving and will respond when it is safe."

While it may be convenient to convince yourself that multi-tasking is not so difficult, driving should never be mixed with any other activity.  Too many unpredictable things can happen when driving while distracted.  Why complicate an already-challenging task by adding an unnecessary layer of risk?  It's just not worth it.  And, yes, that message CAN wait.  

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Prom Celebrations and Safety

Posted by: Salvatore J. Zambri, founding member and partner

Over the past several years, I have posted a number of blog entries about teen driving, distracted driving, dangers of drinking and driving, and safe celebrations.  Rather than citing a list of grim statistics about the possible dangerous situations teens may encounter on prom night, I'd like to share some valuable commonsense prom night safety tips from The Virginia Department of Alcohol Beverage Control. 

Establish Ground Rules for Prom Night

  • "Set non-negotiable rules about drinking, drugs and driving under the influence of alcohol.
    • FACT: Under Virginia legislation, persons 18 to 20 convicted of underage purchase, possession, or consumption of alcohol will lose their driver's license for six months to a year. Consequences also include a Class 1 misdemeanor on file for life.
    • Teens under 18 may also lose their driver's license for six months to a year, or have driving privileges delayed for six months following the date he/she reaches the age of 16 and three months.
  • Ask your teen for a complete itinerary for the evening, including where they'll be going before, during and after prom.
  • Ask for cell phone numbers so you can reach them, and/or establish call-in times to connect with your kids.
  • Be aware of alcoholic energy drinks, which contain 6-12 percent alcohol, nearly three times more alcohol than most beers.
  • If your child is going to an after-prom party at a friend's house, it is your responsibility to find out if the parents are going to allow underage drinking at their home.
  • Offer your child the unconditional option of calling you for help, advice or to pick them up at anytime, day or night. Make it clear you want to be part of their smart and safe decisions."

After-Prom Party Guidelines

"Responsible hosting is the key to a safe and successful after-prom party. If your guest list includes persons under the age of 21, be aware that serving to an underage person is considered one of the most serious ABC violations and is against the law.

It is illegal to provide alcohol to a guest under the age of 21 unless they are accompanied by a parent, guardian, or spouse who is 21 years of age or older.

  • Although parents have the right to provide alcohol to their own children in their own home, it is illegal to purchase, aid and abet or give alcohol to other minors. Do not allow anyone younger than 21 years of age to consume alcoholic beverages at your party, and do not allow persons of legal age to provide alcoholic beverages to anyone underage. Violating any of these laws can result in the conviction of a Class 1 misdemeanor, which carries a fine of up to $2,500 and/or up to one year in jail.
  • As the host of a party or event, you may be held responsible for the actions of your guests. The party host could face civil liability if either a partygoer is hurt or a third person is injured due to alcohol impairment.
  • Remember, one does not have to be heavily intoxicated to be impaired. Driving skills and abilities can be impaired with the first drink.
  • Virginia's Zero Tolerance Law makes driving after having consumed almost any amount of alcohol a serious criminal offense for drivers under the age of 21."

Enjoy prom night celebrations.  Create lasting memories.  Just remember to keep safety in mind.

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Teenage Drivers and Safety-Belt Use

Posted by: Salvatore J. Zambri, founding member and partner

The leading cause of death for teenagers is motor vehicle crashes.  Although teens are taught the importance of safety-belts in driver's education classes, one of the major reasons for deaths as well as serious injuries among teens is lack of safety-belt use.  According to the Fatality Analysis Reporting System (FARS), more than two-thirds of teen occupants killed in crashes were not wearing safety-belts.

Studies show that the rate of seat-belt use by teens is consistently lower than that of older drivers and passengers.   Several theories offer reasons why teens have low safety-belt use rates and high traffic-crash rates:

  • Inexperience - Lack of firsthand experience driving prevents teens from knowing how to drive under various circumstances and how to react in emergency situations.
  • Immaturity - Engaging in riskier behaviors while driving is evident among teen drivers.
  • Immortality - Teens tend to under-estimate risks of driving and crashing.
  • Emotionality - Teen emotions are frequently near the surface and affect their thinking and behavior.
  • Sensation Seeking - Many teens are adventurous and seek excitement through dangerous activity.
  • Risk Taking - Lack of understanding of risks involved in certain behaviors frequently leads to impulsive actions.
  • Power of Friends - Peer pressure influences teens in many areas of their lives.
  • Power of Parents - Parental permissiveness or strictness is a factor in teen behavior.
  • Distractions - Evidence indicates that teens are more easily distracted while driving, especially when they have other teen passengers.

NHTSA's Integrated Project Teams Report (IPT) on Initiatives to Address Safety Belt Use discusses various approaches to addressing safety-belt usage in general. Listed below are those considered most likely to have the potential to increase teen safety-belt use.

  • Primary safety-belt use laws (allows for police offices to pull over and ticket drivers for safety-belt violations),
  • High-visibility enforcement (STEPS, Click It or Ticket, etc.),
  • Increased sanctions (increased fines, points on license),
  • Incentive programs (high school rewards programs, insurance incentives),
  • Parental management (number of passengers, curfews),
  • School and employer policies,
  • Vehicle strategies (safety-belt use monitoring devices, ignition interlock devices), and
  • Other public health interventions.
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Law Day - "No Courts, No Justice, No Freedom"

Posted by: Salvatore J. Zambri, founding member and partner

"No Courts, No Justice, No Freedom" - The theme for Law Day 2012 emphasizes the importance of the courts and their role in ensuring access to justice for all Americans.

 As the president of the American Bar Association summarized the 2012 Law Day theme, "America's courtrooms must be open to keep the wheels of justice turning. Even the most eloquent constitution is worthless with no one to enforce it." From 1958, when President Dwight D. Eisenhower established the first Law Day, until the present, the events surrounding Law Day have focused on teaching the general public about the importance of the law on society and how it affects the everyday lives of all of us.  What makes the United States unique in the world is its justice system.  Because of funding shortages and cutbacks in court funding, serious impacts on individual access to justice could become more evident. 

The American Bar Association is devoting Law Day 2012 to raising awareness of the vital importance of our courts and the need to keep them open and accessible. The 2011 nonpartisan ABA Task Force on the Preservation of the Justice Systems stated, “Given their historic role as the protectors of the least advantaged in our nation, the courts have rightly been called ‘Society’s Emergency Room.’ And never is that title so warranted as in times of economic distress. The same recession that has led legislatures to reduce access to our justice system has obviously increased the numbers of people who need it.” 

For further information and ideas for Law Day activities and events, you may reference the American Bar Association's Law Day 2012 Planning Guide

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About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. The association recently named him "Trial Lawyer of the Year" (2011). He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2011 edition) and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

 

Distracted Driving Presentation to Be Televised

Posted by: Salvatore J. Zambri, founding member and partner

Recently, I had the opportunity to speak at the Carver Educational Center in Montgomery County, Maryland about the Consequences of Distracted  Driving.   This presentation was recorded and is scheduled to be rebroadcast on Montgomery County Public School TV on the following channels and dates: 

  • Comcast Channel 34, Verizon Channel 36, RCN Channel 89
  • Saturdays at 10:00 am  
    • March 31 
    • April 7  
    • April 14 
    • April 21
    • April 28
  • Sundays at 10:00 am and 8:00 pm 
    • April 1
    • April 8 
    • April 15 
    • April 22
    • April 29

Every year I give presentations to area schools and parents about distracted driving in an effort to teach young people the importance of driving carefully, and to empower them to be sure they do not allow others to drive while distracted, at least not while they are in the car.

If you or your child's school would like to know more about my presentation, please let me know. I of course do not charge a fee for it, as it is part of my volunteer community service program.

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St. Patrick's Day SoberRide Program for 2012

Posted by: Salvatore J. Zambri, founding member and partner

In recent years, St. Patrick's Day has surpassed other holidays as one of the most dangerous for automobile accidents related to alcohol excess.  Washington Regional Alcohol Program (WRAP) participates in SoberRide, an extremely successful free cab ride program for those who celebrate during high-risk holidays. Listed below are the contact details and general information published by WRAP for this year's SoberRide Program for St. Patrick's Day.  

"WRAP's 2012 St. Patrick's Day SoberRide program will be offered on Saturday, March 17, 2012 from 6:00 pm to 6:00 am on Sunday, March 18, 2012. To receive a free cab ride home (up to a $30.00 fare), please call 800-200-8294 (TAXI) or #8294 (TAXI) on your AT&T wireless phone. Please refer to the SoberRide information listed below for important details concerning this program. You must be 21 or older to use the SoberRide service.

Important note: All requests for SoberRide service must be called to and dispatched from 1-800-200-8294. Do not call a taxi company directly for SoberRide service as the ride will not be covered under this program.

General SoberRide Information

WRAP's SoberRide , called one of the nation's most successful free cab ride programs for would-be impaired drivers, has helped to ensure greater Washington, DC residents have a safe way home on high-risk holidays. Since 1993, WRAP has provided over 54,873 safe rides home.

Currently, SoberRide operates during the December/January holiday season, St. Patrick's Day, Independence Day and Halloween.

WRAP's SoberRide provides a free cab ride home up to a $30 fare.
Callers are financially responsible for anything over $30.

You must be 21 or older to use the SoberRide service. All calls must originate in Montgomery and Prince George's Counties in Maryland; the Cities of Rockville, Bowie, College Park, Gaithersburg, Greenbelt and Takoma Park in Maryland; the District of Columbia; Arlington, Fairfax, Prince William and Eastern Loudoun Counties in Virginia; and the Cities of Alexandria, Falls Church, Fairfax, Manassas and Manassas Park in Virginia.

You cannot reserve a SoberRide or schedule a pickup in advance. To receive a ride, you must call 1-800-200-8294 (TAXI) or #8294 (TAXI) on your AT&T wireless phone during the program hours. A SoberRide call operator will direct your request to the correct participating cab company.

Participating Taxi Companies:
Alexandria Yellow Cab (Alexandria)
Barwood, Inc. (Montgomery County)
Fairfax Yellow Cab (Fairfax County)
Loudoun Yellow Cab (Eastern Loudoun County)
Manassas Cab Company (Prince William County)
Red Top Cab Company (Arlington County)
Silver Cab of Prince George's County (Prince George's County)
Yellow Cab of District of Columbia (District of Columbia)
Yellow Cab of Prince William County (Prince William County)

When waiting for a SoberRide, please watch for a cab from the participating taxi company in the area from which you are calling. "

As the promotional poster advocates, "Keep the Luck of the Irish Alive. Don't Drink and Drive."  Please be safe, and Happy St. Patrick's Day.

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Smoke Alarm Awareness and Daylight Saving Time

Posted by: Salvatore J. Zambri, founding member and partner

About 3,500 Americans die each year in fires and about 18,300 are injured. It is very important to have a working smoke alarm with a working battery in your home. Fire departments recommend that batteries in smoke detectors be replaced when clocks are changed for Daylight Saving Time.  Many fire departments even have programs offering free smoke detectors as well as free installation.  

The U.S Fire Administration Division of FEMA offers the following safety guidelines for fire prevention:

"Follow these 10 easy tips on smoke alarms:

  • One of the best ways to protect yourself and your family is to have a working smoke alarm that can sound fast for both a fire that has flames, and a smoky fire that has fumes without flames. It is called a "Dual Sensor Smoke Alarm."
  • Place a smoke alarm on the ceiling of every level of your home and both inside and outside bedrooms. Children and older people can sleep though the loud sound of a smoke alarm. Make sure your escape plan includes someone that can help children and others wake up immediately to escape from the home.
  • If you keep your bedroom doors closed, place a smoke alarm on the ceiling of each bedroom.
  • Check smoke alarms monthly by pressing the test button.
  • Never take smoke alarm batteries out to put into other items like games or remote controls.
  • Teach children what the smoke alarm sounds like and what to do when they hear the alarm sound.
  • If there is a fire, leave the home right away by crawling low under the smoke and never go back inside.
  • If smoke from cooking makes the alarm sound, press the "hush" button, if your alarm has one. You can also turn on the kitchen fan, open a window or wave a towel near the alarm until it stops making the sound. Never take the battery out of the alarm.
  • Most alarms need a new battery at least once a year. Some smoke alarms have batteries that last for up to 10 years. If your smoke alarm is over 10 years old, replace it with a new alarm and a new battery.
  • If you rent, talk to your landlord about placing a working smoke alarm in your home. You still need to buy a new battery at least once a year for the alarm."

In our business, we frequently see the consequences of not paying enough attention to the life-saving benefits of properly-maintained smoke detectors. Previously, we have posted the following blog entries relating to smoke detectors and Daylight Saving Time:

Please be safe.

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Another Option for Fighting Distracted Driving - Limiting Vehicle Technology?

Posted by: Salvatore J. Zambri, founding member and partner

U.S. Transportation Secretary Ray LaHood has long advocated educating the public about the dangers of distracted driving and getting states to pass laws restricting cellphone calls and text messaging.  He emphasizes the need for personal responsibility on the part of all drivers. "We started this campaign three years ago when no one was taking about distracted driving." Now more states are passing laws aimed at reducing distracted driving. "We've made a lot of progress. This is our continued drumbeat." 

Newly proposed guidelines aimed at preventing distracted driving would eliminate "infotainment functions" while the car is moving.  In a recent phone conference with reporters, Secretary LaHood addressed the goals for these new rules:

  • "Reduce complexity and task length required by the device.
  • Limit device operation to one hand only (leaving the other hand to remain on the steering wheel).
  • Limit individual off-road glances required for device operation to no more than two seconds.
  • Limit unnecessary visual information in the driver's field of view.
  • Limit the amount of manual inputs required for device operation."

National Highway Traffic Safety Administration administrator David Strickland emphasizes that NHTSA is not against technology, particularly GPS, but remarks, "We're trying to make sure if they are used in the vehicle, they are used in a safe way."

Hearings will be held around the country during the next few months about the new proposals.  Some manufacturers in the auto industry have already taken steps to limit a vehicle's electronic devices while the vehicle is moving in attempt to balance consumer safety with demand.  For example, many new vehicles will not allow the driver to enter a destination into a navigation device unless the vehicle is stopped.  According to the spokesperson for the Governors Highway Safety Association, “DOT is on the right path. We particularly like the guideline for disabling devices that text and surf the Internet."

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Metrobus Cameras Reveal Many Collisions and Near-Misses

Posted by: Salvatore J. Zambri, founding member and partner

As recently reported by WTOP News, drivecam systems installed on WMATA Metrobuses are capturing shocking footage of traffic violations, numerous collisions, pedestrian accidents and near-misses caused by Metrobus drivers throughout the Washington, DC region. According to Ted Harris, Metro's acting superintendent of bus transportation, the video clips are typical on a regular basis and are used as "coachable moments."  Harris indicated that part of the reason for the accidents is an attempt to stay on schedule.  Bus drivers are punished depending on the severity of the violation and are rated over a 12-month period.  Metro's position is that an attempt to stay on schedule is part of the reason for the accidents, but insists that Metrobus operators do drive safely.  However, from other drivers' and riders' perspectives, Metro buses frequently create unnecessary dangers on the highways.

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Reminders: Holiday Safety

 Posted by: Salvatore J. Zambri, founding member and partner

Over the past several years, we have blogged about a number of safety issues, including some simple commonsense practices that can help you enjoy your holiday safely.   Listed below are some of our earlier holiday safety posts: 

 I wish you a Merry Christmas and Happy Holidays.  All the best to you and your family in the new year.  Be safe and enjoy life.

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