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the Department of Safety and Homeland 
Security says that in tennessee alone more 
than 40,000 car accidents and 126 deaths 

were caused by the use of handheld devices 
while driving in the last two years.






texting were 23 times more at risk than 

“nondistracted drivers” to experience a 
crash or near crash. The department of 

Safety and homeland Security says that 
in Tennessee alone more than 40,000 

car accidents and 126 deaths were 
caused by the use of handheld devices 

while driving in the last two years.
Nationally, a harvard report put the 

number of accidents at 570,000 and 
deaths at 2,600. for teenagers, an AAA 2. our state does not have increasing inattention of a moment can lead to a 

report says that 21 percent of all fatal penalties for multiple texting-while- lifetime of recrimination and regret.
car crashes involving teenage drivers driving violations. Each fine is the for example:

were the result of cellphone distrac- same: $50.
Xzavier davis-bilbo, a 7-year-old boy 
tion. A 2011 study by researchers at who lost both his legs and was dragged 

Cohen Children’s Medical Center State Representative Jon Lundberg nearly 20 feet by a woman who was 
found that more teenagers are now introduced the 2009 law and plans to texting and driving.

killed because of texting and driving strengthen it in 2014 by increasing the Chandler gerber, a 21-year-old man 
than drinking and driving.
current fine to $250 and adding a driv- who was texting his wife on his way to 

by december of last year, 41 states
er’s license “point” penalty as well. As of work and smashed into a horse-drawn 
as well as the district of Columbia had 2013, according to the governors high- Amish buggy, obliterating it and killing 

banned texting while operating a ve- way Safety Association, all traffic laws three of its six passengers, including 
hicle. Tennessee became the 10th state regarding cellphone use are “primary two small children.

to make it illegal to send or receive text enforcement”—that means an officer debbie drewniak, who along with 
messages while driving back in 2009. may cite a distracted driver without any her pet Labrador was struck by a tex- 

Even so, according to the National Safe- other traffic offense taking place.
ting driver, killing the dog and putting 
ty Council and the National highway for any legislation to have teeth, drewniak into the hospital, where she 

Traffic Safety Administration (NhT- however, law officers have to enforce it. would eventually incur medical costs in 
SA), Tennessee still leads the nation in In 2010, the Tennessee highway Patrol excess of $1 million. She received only 

accidents caused by distracted driving.
issued only 171 citations, and the state an insurance payment of only $50,000.
In an effort to spur states to act collected only a little more than $2,000 herzog’s powerful film has been 

aggressively and fight against texting in fines—about 1/20th what was pro- shown in more than 40,000 high schools 
while driving, the NhTSA in 2013 jected when the law was first passed.
across the country and is available on 

announced a nearly $18 million fed- Statistics are abstract and undra- YouTube, where it has been viewed 
eral grant, but only eight states were matic to your average teenager, and the more than 2.5 million times. If you are a 

awarded portions of the federal grant current, seldom-enforced $50 fine may parent and your teenage driver has not 
money. Tennessee did not qualify for seem paltry, but watching a documen- seen it, I strongly suggest you watch it 

two reasons:
tary with real people—especially in the together. It also wouldn’t hurt for more 
1. Tennessee’s current definition of hands of a skilled dramatist like her- adults to familiarize themselves with 

texting while driving is not stringent zog—can turn these recurring tragedies these stories and statistics and set good 
enough. We punish drivers only if into persuasive evidence. one effective examples for our teenagers.

the vehicle is in motion while the technique herzog uses is presenting 
texting is occurring, whereas federal the accidents from the viewpoints of Bruce Fox has practiced law for more than 30 years and has 

guidelines say state law should make both perpetrators and their victims, as successfully represented clients at every trial and appellate 
it illegal to send or read messages well as their victims’ families. Through court level of the Tennessee State Judicial System. www. 

whether the car is moving or not.
their stories we see that the simple
foxandfarleylaw.com






maRcH aPRiL 2014 cityviewmag.com 147


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