The Lombardi Law Firm Blog

Why would the Iowa House vote to ban texting while driving for only teens?

The Iowa Senate put the House in its place quickly, very quickly, said “NO” to the House version of the texting while driving ban, which was written only for teens. In essence the Senate said, “Are you serious? Get real and stop wasting our time.”

Texting while driving, a broken hip and delayed start at ISU.

Imagine you’re 16-years old, driving east on Highway 20 in Iowa, the weather is not a factor and you’re in high school. There is a car coming towards you and the driver can’t see what you’re doing. He can see your face, looking down, eyes focused on something of great importance. Well at least important enough to direct your attention away from the road ahead; the same one he’s driving on. What is so important that would direct your attention from the road ahead?

Why is this 15-year-old taxiing on I-380 in Iowa?

Can we start with an assumption: That interstate highways are a dangerous place due to cars and semi trucks driving at higher speeds; due also to wrong-way drivers, drunks and inexperienced drivers. Now let's talk this morning about youthful inexperience, distracted driving and cheating the law that is intended to save youthful lives. After we look at this morning’s news item from the Des Moines Register I'm going to end with a warning to the parents who cheat by asking the wrong question and focusing their children's attention on the lawyers rather than youthful inexperience.

NEWS ITEM: 

A 15-year-old driver rolled a white minivan as she neared the Iowa River on Interstate-380 in Johnson County. In the van were two 16-year-old passengers. One was reported to have died and the other taken to University Hospitals in Iowa City.

LET'S ANALYZE THE LAW AND THE FACTS:

All were apparently high school students who’d just finished a volleyball game and were heading out to get a bite to eat. The 15-year-old driver was Rachel Stewart of North Liberty. Her two passengers were Alyssa Benedict and Rachel Petersen. Young Ms. Benedict is listed as the fatality.

“Clear Creek Amana Principal Tom McDonald said Benedict and two friends were apparently going to get something to eat after attending a volleyball game at the school in Tiffin.”

• What was the reason the van lost control and rolled over?
• What was the reason the van ended up off the road and onto the median?
• Were there distractions inside the van that caused this inexperienced driver to lose control?
• Does the law even allow a special license permittee to be taxiing passengers on a food run?
• Was this errand going to allow them to get home before the permit curfew?

In Iowa a 15-year-old can drive with a learner’s permit and a school permit. Those permits allow them to drive directly to and from school-related functions, like volleyball. The permissible hours are 6 a.m. to 10 p.m. This accident is reported to have happened at 8:45 p.m. Passengers are allowed to ride along but I’m not sure the law allows the driver to veer from the most direct route between home and school or the extracurricular activity. Reports indicate that Benedict and Petersen were not wearing seat belts. Another report has the van entering the median area before rolling over. But let’s get back to the time sequence to decide if this trip was a good idea for teens, so that teens can learn from the mistakes made in this case and to stay out of future trouble.

Reports show they were at a school event at Clear Creek Amana in Tiffin. The driver lived in North Liberty, the two passengers in Tiffin, Iowa. At the time of the collision they were driving south on I-380, a four lane divided highway. The collision occurred at the 8 mile marker. It should be clear that if you’re at a school in Tiffin and the two passengers live in Tiffin then there’s no reason to be on I-380 taxiing passengers; no matter how hungry they may be. Tiffin is west of I-380 and North Liberty is northwest of Tiffin. Using MapQuest shows there are 8.31 miles between the two towns that takes a mere 13 minutes to drive and doesn’t include any travel being necessary on I-380. In other words I-380 isn’t a direct route. So why were they even on I-380?

The MapQuest directions include E 3rd Street toward Main Street, then right onto Main Street, turn right onto E. Marengo Road/U.S. 6 East, then left onto Coral Ridge Ave., turn right on E. Penn Street, then right on N. Dubuque Street to North Liberty.

Google Maps shows the direct route.

http://maps.google.com/maps?f=d&source=s_d&saddr=Tiffin,+Iowa&daddr=NOrth+liberty,+Iowa&hl=en&geocode=&mra=ls&sll=41.707679,-91.675351&sspn=0.002423,0.005659&ie=UTF8&t=h&z=14

View Larger Map

The question remains to be answered whether the law allowed this special minor driver to even be on I-380 and then whether it was possible to get something to eat and get everyone home by the permitted curfew of 10 p.m.

Of course there is also the question of whether these teens could legally make this food run.

“The reason Stewart lost control of the van has not been made public by the Iowa State Patrol. McDonald said he received an unconfirmed report that a rear tire had blown.”

State law allows young drivers with learner’s permits and a school permit to drive to and from school for school-related activities. The Code section is 321.194 Special minors’ licenses. Here is what is written. The drive must take the most direct or accessible route and can only drive between 6 a.m. and 10 p.m. over the most direct and accessible route between the licensee’s residence and schools of enrollment or the closets school bus stop or public transportation service and between schools or enrollment, for the purpose of attending classes or extracurricular activities within the school district. That’s a mouthful and these code sections aren’t easily understood. Generally they are allowed to have passengers but they can’t have more passengers than there are seat belts, a requirement that implies seat belts must be worn.

So let’s recap the mistakes that were made:

1. Not wearing seatbelts.

2. Driving on an Interstate.

3. Driving a route that is not a direct or permissible route.

4. Taxiing passengers for a food run.

5. Trying to squeeze in too many stops in two short a period of time.

6. Disobeying the law that requires teens not to drive except to and from school events. Last I checked McDonald’s isn’t a school event and they don’t have classes.

7. Were there distractions in the van that caused the driver to lose control? We may never know.

Does the law allow the driver to taxi passengers for the convenience of parents? I’m not sure I would agree that it does. Was all of this avoidable? Absolutely. One of the lessons to learn is for parents to stop distracting teens with asking the wrong questions; stupid questions  such as why are there so many lawsuits? Hate the lawyers all you want but start asking the right question; the one that will reduce the number of accidents and in turn the number of lawsuits.

What were the distractions in the van?

Why were these kids thinking they could cheat the law intended to keep them safe?

Why was the youthful driver being a taxi driver?

Why were they even on I-380?

If adults knew they were going on a food run, why didn't someone step up and say, "No." you're not allowed to do that. Do it and I'm calling your parents.

Why wasn't everyone wearing their seatbelts?

If there were cell phones in the van, why? What purpose did they serve?

If there was texting going on why? Why is it necessary to pay attention not to texting but to driving?

And the most important question is...

Why are there so many accidents and injuries?

See Radio Iowa, Teenage girl killed, two others injured in eastern Iowa wreck

UPDATE: Teen Killed, Two Injured in I-380 Accident

NEWS UPDATE - 1 killed in rollover accident

I send my condolences to the families and rest my case.

We've been covering Interstate travel safety for the past two-weeks on the Injuryboard and a few of my fellow members have jawed about it nonstop. I know that Wayne Parsons, my friend Devon Glass from Michigan, Mike Bryant from Minnesota, Pierce Egerton from North Carolina and Rick Shapiro from Virginia will all join in with my sentiments about being frustrated. Parents frustrate us when they talk all about tort reform and then turn a blind eye to what their children do. Tort reform isn't about the other guy, it's about us and the decisions we make. Tort reform is actually a distraction from the root cause of injuries and accidents. Taking away the rights of people to receive compensation isn't going to stop the accidents that cause injury and death. All tort reform will do is make those injured or the families of those killed miserable. So stop distracting everyone with taking away the right to receive compensation and ignoring the root causes of injury and death on the highways of America. If you have questions about what we’ve written call or write to each of us. We don’t ask that you agree, but we do ask that you think and discuss the issues.

You can follow our discussion by reading these articles.

UPDATE FOR CONSIDERATION: A recent Des Moines Register article takes a look at the police investigation in another case involving Alyssa Jo Vdnerhoff, a 15-year-old who lost her life when the truck she was driving went out of control and rolled. They wondered if she was text messaging, either reading or sending at the time when she lost control. Vanderhoff was from Marathon and was Iowa's only female bull rider.

I think this series on interstate highway safety is concluding with this post. Here is the series we ran. Our next series will start in a few days. Being busy lawyers it's not always easy to jump right into a new subject and have copy ready for print.

Are Double-Bottomed Semis More or Less Dangerous to You? - Devon Glass from Church Wyble, P.C. (Michigan), August 26, 2009

Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash? - Steve Lombardi from The Lombardi Law Firm (Iowa), August 25, 2009

Hawaii Freeway Chronicles #1: What Are The Danger Points On H-1, H-2 and H-3?, by Wayne Parsons of Wayne Parsons Law Offices. (Hawaii), August 27, 2009

The Interstate Highway Graveyard, “Speed Kills”, Lombardi, August 28, 2009

Why Speeders on the Highway Cause More Serious Accidents, Glass, August 28, 2009

Death and Injury On Interstate Highways Increase With Higher Speed Limits, Wayne Parsons, August 29, 2009 2:31 AM

Drunk Drivers Caused 40% of Traffic Fatalities In Hawaii In 2006, Wayne Parsons, August 31, 2009 12:16 AM

Interstate Highways Are No Place For Drunk Drivers Over The Labor Day Weekend, Wayne Parsons | September 01, 2009 4:36 PM

Uninsured Motorist Car Insurance: It’s Your Most Important Car Insurance and Here Is Why, Rick Shapiro, September 01, 2009 10:30 AM

Uninsured Drivers: Who Are These People?, Pierce Egerton , September 02, 2009 12:00 PM

Risky Drivers Don't Just Drive Drunk and Speed - They Often Don't have Insurance , Wayne Parsons, September 02, 2009 4:09PM

The National Uninsured: Why You Need Uninsured Motorist Coverage In Minnesota, Mike Bryant, September 04, 2009 3:24 PM

Uninsured Drivers On The Highways: Cause of Higher Rates of Injuries & Deaths?
Rick Shapiro | September 07, 2009 1:15 PM

Highway Cowards - Running From Decency & Responsibility
Pierce Egerton | September 08, 2009 8:08 PM

Deteriorated Interstate Highways And Roadways In Every State Add To Fatalities, Wayne Parsons, September 10, 2009

 

 

Recongnition of Driving to Distraction

In Washington a government meeting was held September 30, 2009 to discuss the growing issue from the last year of distracted driving specifically related to the use of electronic devices, according the a report by Ken Thomas, from Breaking News 24/7. In the two day meeting that was called the “distracted driving summit”, Transportation Secretary Ray LaHood was a major expert in the discussions. “LaHood said the administration would “work with Congress” to develop ways of curbing distracted driving. The meeting would solicit ideas to address the problem “similar to what went on with seat belts and (blood-alcohol limits of) 0.08 where you really educate the public, where you tell people that they have to take personal responsibility for these things.””

Here are some key statistics behind the issue:

-Driver distraction connected to almost 6,000 killed and 500,000 injured last year

-Driver distraction was involved in 16 percent of all fatal crashes in 2008

-Age 20 and younger is the largest fraction of distracted drivers

-16% of under-20 drivers involved in fatal crashes were reported to be driving distracted

-Drivers of heavy trucks when texting increase their risk of collision 23 times, according to Virginia Tech Transportation Institute

-Car and Driver magazine reported texting and driving to be more dangerous than drunken driving

 

-Text messaging has increased per month as seen in a study by CTIA-The Wireless Association (a cellular phone trade group), which reported 10 billion text messages in December 2005 to 110 billion in December 2008

 

-18 states and the District of Columbia have made texting illegal while driving (from Insurance Institute for Highway Safety)

-7 states and the District of Columbia have made talking on a handheld cell phone illegal while driving as well (from Insurance Institute for Highway Safety). To see a chart on which states have banned which electronic device usage, see: http://www.iihs.org/laws/cellphonelaws.aspx

Another speaker at these meetings was Senator Charles Schumer, Democrat from N.Y., who along with other Democrats at the meeting, “introduced legislation in July that would require states to ban texting or e-mailing while operating a moving vehicle or lose 25 percent of their annual federal highway funding.” It was said that the Obama administration has not indicated their position on this proposal.

These discussions focused on how to go about working with Congress, and set the right motions in place to change the behavior of drivers to eliminate the root of the problem: distraction. LaHood said “We need a combination of strong laws, tough enforcement and ongoing public education to make a difference” and stop this driver distraction which he calls a “menace to society”.

If Teen Driving and Texting is Fun Why Is She Crying?

If you think your next text message can't wait so you text while driving then watch this video. It needs no commentary from me.

Here is the teen logic: People make such a big deal about teen’s texting while driving. But really what's the big dah? Think about how stupid you sound complaining. Really! Texting (some dumb and foolish message) to your BFF (who is sitting in front a TV) gets the word out that I’m open for dating or that so-and-so just broke up! It saves time and keeps me connected!

Or does it?

Texting While Driving - A Deadly Combination

The drivers who are texting might want to know what happens after the lawsuit is filed. The lawyers start asking a lot of questions about cell phone use and demanding records from the driver. The focus is for the cell phone records and if you don’t have them they subpoena the monthly billing statement from your cell phone carrier.