CELL PHONE USE WHEN DRIVING

In the United States over 266 million people subscribe to wireless devices such as cell phones. Comparatively approximately only 4 million had such devices in 1990. There are two main dangers associated with driving and cell phone use, including text messaging. First, drivers must take their eyes off the road while dialing. Secondly, people become so absorbed in their conversations that their ability to concentrate on the act of driving becomes severely impaired. There was a survey of dangerous driving behaviors by Nationwide Mutual Insurance Company in January, 2007. That survey of 1200 drivers found that 73% talk on cell phones while driving. Cell phone use was even higher among young drivers. The same survey by Nationwide found that 19% or almost one in five motorists say that they have even text messaged while driving. Those statistics are staggering considering that motorists who use cell phone while driving are four times more likely to get into crashes that are serious enough to injure themselves according to the Insurance Institute for Highway Safety. Even using hands free cell phones, one is 18% slower in their breaking and 17% longer to regain their speed after braking. The 100 car naturalistic driving study conducted by the Virginia Tech Transportation Institute and National Highway Traffic Safety Administration in April 2006 found that almost 80% of crashes and 65% of near crashes involved some form of driver inattention within 3 seconds of the crash. The new study found that the most common distraction is the use cell phones, followed by drowsiness. As of October 2008 six states, California, Connecticut, New Jersey, New York, Utah and Washington State and the District of Columbia have laws banning the use of hand held cell phones while driving. About 18 states have passed laws banning or restricting younger drivers from using cell phones. As of October 2008 driving while texting has been banned in seven states: Alaska, California, Connecticut, Louisiana, Minnesota, New Jersey and Washington. There was a recent court decision in December 2007 where International Paper Company agreed to pay a 5.2 million dollar settlement to a woman who was rear ended by one of International Paper’s employees. The employee was driving a company car talking on a company cell phone when she had her accident. The settlement was reached even though the company had a policy of requiring the use of hands free head sets while driving, and the employee violated that policy at the time of the accident.

Teen Driving Information

Motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group.1 In 2005, twelve teens ages 16 to 19 died every day from motor vehicle injuries. In the United States during 2005, 4,544 teens, ages 16 to 19, died of injuries caused by motor vehicle crashes. In the same year, nearly 400,000 motor vehicle occupants in this age group sustained nonfatal injuries that required treatment in an emergency department.1 Overall, in 2005, teenagers accounted for 10 percent of the U.S. population and 12 percent of motor vehicle crash deaths.2 Young people ages 15-24 represent only 14% of the U.S. population. However, they account for 30% ($19 billion) of the total costs of motor vehicle injuries among males and 28% ($7 billion) of the total costs of motor vehicle injuries among females.2
The risk of motor vehicle crashes is higher among 16- to 19-year-olds than among any other age group. In fact, per mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash.3
Among teen drivers, those at especially high risk for motor vehicle crashes are:
• Males: In 2005, the motor vehicle death rate for male drivers and passengers ages 16 to 19 was more than one and a half times that of their female counterparts.1
• Teens driving with teen passengers: The presence of teen passengers increases the crash risk of unsupervised teen drivers. This risk increases with the number of teen passengers.4
• Newly licensed teens: Crash risk is particularly high during the first year that teenagers are eligible to drive.3
What are the major risk factors?
• Teens are more likely than older drivers to underestimate dangerous situations or not be able to recognize hazardous situations.5
• Teens are more likely than older drivers to speed and allow shorter headways (the distance from the front of one vehicle to the front of the next). The presence of male teenage passengers increases the likelihood of this risky driving behavior.6
• Among male drivers between 15 and 20 years of age who were involved in fatal crashes in 2005, 38% were speeding at the time of the crash and 24% had been drinking.7,8
• Compared with other age groups, teens have the lowest rate of seat belt use. In 2005, 10% of high school students reported they rarely or never wear seat belts when riding with someone else.9 In a national survey of seat belt use among high school students: Male high school students (12.5%) were more likely than female students (7.8%) to rarely or never wear seat belts.9 African-American students (13.4%) and Hispanic students (10.6%) were more likely than white students (9.4%) to rarely or never wear seat belts.9
• At all levels of blood alcohol concentration (BAC), the risk of involvement in a motor vehicle crash is greater for teens than for older drivers.3
• In 2005, 23% of drivers ages 15 to 20 who died in motor vehicle crashes had a BAC of 0.08 g/dl or higher.8
• In a national survey conducted in 2005, nearly three out of ten teens reported that, within the previous month, they had ridden with a driver who had been drinking alcohol. One in ten reported having driven after drinking alcohol within the same one-month period.9
• In 2005, three out of four teen drivers killed in motor vehicle crashes after drinking and driving were not wearing a seat belt.9
• In 2005, half of teen deaths from motor vehicle crashes occurred between 3 p.m. and midnight and 54% occurred on Friday, Saturday, or Sunday.3
There are proven methods to helping teens become safer drivers. Research suggests that the most comprehensive graduated drivers licensing (GDL) programs are associated with reductions of 38% and 40% in fatal and injury crashes, respectively, among 16-year-old drivers.1 Graduated driver licensing (GDL) systems are designed to delay full licensure while allowing teens to get their initial driving experience under low-risk conditions.
1Centers for Disease Control and Prevention. Web-based Injury Statistics Query and Reporting System (WISQARS) [Online]. (2008). National Center for Injury Prevention and Control, Centers for Disease Control and Prevention (producer). Available from: URL: www.cdc.gov/ncipc/wisqars. [Cited 2008 Mar 14].
2Finkelstein EA, Corso PS, Miller TR, Associates. Incidence and Economic Burden of Injuries in the United States. New York: Oxford University Press; 2006.
3Insurance Institute for Highway Safety (IIHS). Fatality facts: teenagers 2005. Arlington (VA): The Institute; 2006 [cited 2006 Dec 1].
4Chen L, Baker SP, Braver ER, Li G. Carrying passengers as a risk factor for crashes fatal to 16- and 17-year old drivers. JAMA 2000;283(12):1578–82.
5Jonah BA, Dawson NE. Youth and risk: age differences in risky driving, risk perception, and risk utility. Alcohol, Drugs and Driving 1987;3:13–29.
6Simons-Morton B, Lerner N, Singer J. The observed effects of teenage passengers on the risky driving behavior of teenage drivers. Accident Analysis and Prevention
7National Highway Traffic Safety Administration (NHTSA), Dept. of Transportation (US). Traffic safety facts 2005: speeding. Washington (DC): NHTSA; 2006a [cited 2008 March 28]. Available from: URL: http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2005/SpeedingTSF05.pdf.
8National Highway Traffic Safety Administration (NHTSA), Dept. of Transportation (US). Traffic safety facts 2005: young drivers. Washington (DC): NHTSA; 2006b [cited 2008 March 28]. Available from: URL: http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2005/YoungDriversTSF05.pdf.
9Centers for Disease Control and Prevention. Youth Risk Behavior Surveillance—United States, 2005 [Online]. (2006b). National Center for Chronic Disease Prevention and Health Promotion (producer). Available from: URL: http://apps.nccd.cdc.gov/yrbss/CategoryQuestions.asp?cat=1&desc=Unintentional Injuries and Violence

What To Do When Someone Dies

Dealing with the death of a loved one is never easy. It is our goal to provide you with some important information that will make the days and weeks after their passing a little easier.

Pronouncement of death and transportation of the body:
If your loved one dies at home you will need to make arrangements for transportation of the body.
Who to call:
►Call the Coroner or 911 if the death occurs at home.
►If you are using Hospice care, call the hospice care provider and they may handle these matters for you.
► Call family members who may wish to spend private time with your loved one. The Red Cross will help you notify family members if the deceased was in the military or if the relative to be notified is in the military.

Make sure to:
► Follow any religious observances that were requested by your family member.
► Follow Deceased’s Instructions: If it exists, find your family member’s final arrangements plan so that you can follow their final wishes with respect to whether a funeral, memorial service, cremation, organ donation, or whole body donation was desired.

Look through the papers to find if she or he:
► Had a prepaid burial policy;
► Belonged to a memorial society; or
► Had written any specific instructions
Note that these instructions could be legally binding even though they might be contrary to the wishes of others. If you have any questions about whether or not to follow them, contact Farrar Thompson Law Firm.

What to Do 1-3 Days After Death
Complete Funeral Arrangements
Ask a friend or family member to go with you to the mortuary to advise and support you in making the funeral and burial arrangements. You may have to think about transfer to another location, burial, or cremation. You may ask a clergy member to assist you.

Financial Assistance
If the deceased was in the military or is the spouse or dependent child of a person in the military, contact the VA cemetery or VA office. There may be burial benefits. The mortuary will call the VA at your request

Other Assistance:
Choose someone to:
► Answer the phone calls from family members and friends and collect mail;
►Care for pets, plants and other household chores;
► Assist with lawn care or snow removal;
► Stay at home during the funeral and visit the home to guard against break-ins occurring; and gather two or three light timers so they will go on and off at appropriate times.
► Prepare food for family and friends after the funeral.

What to Do 1-10 Days After Death
Contact the following persons or institutions:
► Attorney, Farrar Thompson Law Firm (850) 434-8904, to set up a meeting to discuss the probate process, such as how to transfer real estate, assets, how to deal with heirs or devises and how to report taxes.
► Accountant or tax preparer, to assist with gathering information as to the assets owned by the deceased and to determine what returns should be filed;
► Investment professionals, to obtain information as to assets owned by the deceased;
► Insurance agents, to discuss insuring the decedent’s assets and to obtain necessary death claim forms for life insurance or other assets;
► Social Security, to stop monthly deposits and learn of benefits. The contact number for Social Security is (800) 772-1213.
► Veteran Affairs, to stop monthly check and learn of benefits;
► Agency providing pension services, to stop monthly check and obtain claim forms;
► Utility companies, to alter or discontinue service;
► Employer, to notify of death and learn of benefits;
► Newspapers and magazines, to stop subscriptions (you may consider asking for refunds of the unused portion of subscription); and
► Post office, if necessary, to forward mail.

Search for the Will
The original will is usually in a safe place in the deceased’s home, a safe deposit box, or placed with the Court in the County in which the decedent lived. When the original signed will is found, bring it to your attorney’s office. If a will cannot be found, an attorney at Farrar Thompson Lawfirm can help guide you through the Florida intestate probate process.

Death Certificates
Some examples of assets that will require an original death certificate are homes held in joint tenancy, stocks, bonds and bank accounts. If you do not order enough, you can get more death certificates later through the County Vital Statistics Department where the death occurred.

Avoid Unscrupulous People
In the period following the loss of a loved one, be careful before accepting any telephone solicitation, and be careful about volunteering personal information about the decedent to strangers over the phone. Fraudulent bills may be received and should be reviewed carefully.

Creditors
Following a death, certain creditors may be very aggressive. An important purpose of the probate administration is to provide an orderly process for dealing with all of a decedent’s creditors. Try to avoid depleting the available cash on the first “squeaky wheels” because it can cause bigger problems later in the estate administrations, as well as expose the personal representative to a charge that he or she showed preference for a specific creditor over others.
Veterans Benefits and Social Security
The mortuary may assist you with the paperwork for both VA and Social Security benefits. For Social Security benefits, call the Social Security Admin at (800) 772-1213.
Be prepared to identify the deceased’s:
Relationship to you; Social Security or VA claim number; Date of birth; Date of death; Place of death; Surviving spouse or next of kind; and medical history that bears on whether the death is service related or not.
Your call will stop the monthly payments currently being received by the decedent. You must return the check for the month of death. If the decedent was receiving benefits by direct deposit, excess payments will, in time, be electronically withdrawn from the account.
Social Security monthly benefits are available to the surviving spouse and to children under 18 and certain disabled children. Benefits include a lump sum death benefit. Ask for the Social Security Survivors” brochure or see http:/ /www.ssa.gov/pubs/deathbenefits.htm.
Veterans’ benefits may be available to the surviving spouse. Benefits may include a lump sum death benefit, if death was service related; a continuing monthly payment to the surviving spouse; and financial assistance with funeral expenses, or burial in a national cemetery. Ask for the “Federal Benefits for Veterans and Dependents” brochure or http://www.vba.va. gov/survivors/index.htm.

This article cannot explain everything you need to know in the first few days following the death of a loved one. You should establish an early relationship with your attorney to assure that all matters and questions are properly addressed. Seeking your attorney’s advice before you act may avoid more costly legal fees later. Your attorney will be able to provide you with very helpful information and explain the probate process to you. This will help alleviate a large amount of concern. Contact the attorneys at Farrar Thompson Law Firm, 850-434-8904 today.

The Top 10 Steps you Can to Take to Help Your Child Through the Divorce Process
• Establish a cordial relationship with your former spouse.
• Do not discuss divorce disputes with your children or allow them to hear you discuss these issues with others.
• Do not speak against your former spouse or their families in front of the children.
• Encourage your children to continue their relationship with your former spouses parents.
• Never put your children in a position where they have to choose between their parents or decide where their allegiance lies.
• Reassure your children that you and your former spouse will always be their mom and dad.
• Don’t give your children false hopes of reunification.
• Make sure that you and your former spouse are united in your parenting.
• Divorce is not an event, it is a process. Allow yourself, your ex-spouse, and your children at least two years for readjustment.
• Ending your marriage does not mean an end to the family. Be sure to give your children time to cope with the event. Help your children work through their confusing and feeling of abandonment that they feel due to the divorce.