By Paul A. Eisenstein, The Detroit Bureau

Forget distracted driving.  A new study says there’s a far more serious problem that’s responsible for as many as 2 million accidents annually.
When’s the last time you used your own turn signals?  According to research by the Society of Automotive Engineers, drivers either neglect to use their signals when changing lanes – or fail to turn the signals off – 48% of the time.  And when making a turn the failure rate is around 25%.  That works out to 2 billion times a day drivers fail to use signals, or 750 billion times annually. 
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A lack of courtesy? Laziness?  Poor training?  Whatever the reason, the SAE study says the problem results in about 2 million roadway collisions annually.  That’s more than twice the 950,000 accidents linked to distracted driving, which has become one of the central topics of the U.S. Department of Transportation under Sec. Ray LaHood.
 “This is a first of its kind report on a subject that amazingly, has never been studied,” said Richard Ponziani, P.E., President of RLP Engineering and author of the report. Yet, despite the fact that turn signals are simple, ubiquitous and “extremely effective,” there is an epidemic lack of compliance even though “all drivers have an ongoing duty to use it, just as they have a duty to stop at a stop sign or at a red light.”
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Anecdotal evidence suggests that police put little effort into enforcement, less than they devote to speeding, or running stop signs and red lights.  Other than shifting priorities, the new study suggests an alternative that it dubs the “Smart Turn Signal.”
They “are the perfect complement to the Stability Control System since Stability Control predominately prevents single-vehicle crashes, whereas the Smart Turn Signal prevents multi-vehicle crashes,” suggested Ponziani.
Such a system would automatically shut off a turn signal, likely by timing out after a set delay or by detecting when a vehicle has finished changing lanes – much as today’s cars automatically cancel the signals after making a turn at an intersection.
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For scofflaws who simply don’t use their signals, the system would work much like a seatbelt reminder.  It would be able to sense if drivers routinely ignore their turn signals and start to flash what the study calls a “friendly” reminder.
Using the latest electronics, a Smart Turn Signal system would actually be simpler and less expensive than the current mechanical trip mechanism, according to Ponziani, a press release concluding that, “This breakthrough represents a perfect opportunity to significantly reduce multi-vehicle crash rates, reduce vehicle cost and make driving a lot more friendly and courteous across the U.S.”

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A 16-year-old girl has been charged with manslaughter, assault and texting while driving in connection with a September 2011 fatality collision. It’s a moment the young driver can never take back, and one prosecutors said could have been avoided if she’d just put down her phone.

According to the Platte County prosecutor, Rachel N. Gannon, of Kansas City, was allegedly texting on her cell phone when she lost control of her vehicle and collided with a car driven by Loretta J. Larimer, 72, who was killed in the crash.

Platte County Prosecuting Attorney Eric Zahnd said Gannon was charged April 19, after having been certified to stand trial as an adult on April 16.

According to court documents, Gannon was traveling north on NW Skyview Road on Sept. 26, 2011 at approximately 3 p.m. when she struck Larimer’s vehicle near Interstate 435.

Gannon was allegedly looking at her cell phone and texting when she ran off the side of the road. When Gannon returned her vehicle to the road, she struck a car heading in the opposite direction.

Larimer was extricated from her car and taken to the hospital where she was pronounced dead. Her 10-year-old granddaughter was riding in the back seat of Larimer’s car and suffered injuries which were not life-threatening.

“Enough lives have been shattered and ruined, and I certainly don’t want to ruin this young person’s life, but we want to know what happened,” said John Larimer, the victim’s son.

The victim’s family hopes answers will finally come in Gannon’s trial.

Gannon is charged with involuntary manslaughter in the second-degree, third-degree assault and texting while driving. If convicted of the manslaughter charge, Gannon faces up to four years in prison. She faces up to one year in jail on the assault charge and a $200 fine if convicted of texting while driving.

Under Missouri law, texting while driving is only a crime for drivers under age 21. Zahnd said he believed the Missouri legislature should prohibit texting while driving for all drivers, regardless of age.

“Texting while driving is at least as dangerous as drinking and driving. We make a crime of that for anybody, no matter the age,” Zahnd said. “It should also be a crime for anybody to text while driving.”

Gannon posted a $5,000 bond and surrendered her driver’s license as a condition of bond. Her first court date has not been set.

The teen will be tried as an adult, based on the severity of the crime and how soon she’ll come of age.

That’s a decision the victim’s son isn’t so sure about, focusing instead on recovering from the loss of a mother, grandmother and center of a large family.

“It’s better each day, but we still cannot believe this happened,” John Larimer said. “We can’t believe she’s gone.”

The charges against Gannon are merely accusations, and Gannon is presumed innocent until and unless proven guilty.

The victim’s son said his niece, the 10-year-old girl injured in the crash, is recovering and doing well. He suggests having Gannon travel around to high schools in the metro area and talk to kids about the dangers of texting and driving. He believes that’s a good way to hold her accountable and spread awareness among young drivers – something he said is most important.

Instead, the teen could face up to four years in federal prison if convicted of the involuntary manslaughter charge.

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At Smith Coonrod Mohlman, LLC. we enjoy keeping up with the latest legal news and sharing it with you. We firmly believe that is important to keep up with industry happenings because it is just one more way that we can help you. Drunken-driving related deaths soared in Kansas over the past year, there’s a whole list of laws set to take effect in 2012, and lastly the speeding ticket turned date request turned….lawsuit? These were some of the legal headlines this week and we’ve got the details in our Friday blog. Here you go, happy reading!

1. Alcohol-related deaths declined nationwide in 2011, but not the case for Kansas. Kansas recorded the second biggest increase in drunken-driving related deaths over the past year. This statistic is shocking, and more importantly, avoidable. Is the system in Kansas dealing with DUIs flawed? The Kansas City Star has the full story.

2. California’s new laws for 2012 touch on everything from DUIs to taxes. Elections, employment, health care, the Dream Act and more. These are the laws on California’s legislative plate for the coming year. If these were taking effect in your neighborhood, how would you feel about some of them?

3. A cop issues a woman a speeding ticket, then hunts her down looking for a date. Cute or creepy? The woman found it the latter, apparently, as she filed a lawsuit. The cop in question used the police records to track her after issuing the ticket. Is there more to this story? It will be interesting to follow this.

Thanks for reading, have an excellent weekend.

At Smith Coonrod Mohlman, LLC. we enjoy keeping up with the latest legal news and sharing it with you. We firmly believe that is important to keep up with industry happenings because it is just one more way that we can help you. The bench clearing Xavier/UC basketball brawl, the Supreme Court revists AZ’s controversial immigration laws, bipartisan efforts on workers’ comp reform has constituents confused and a complete cellphone banin cars- these were some of the topics gracing legal headlines. So that’s the lineup for this week’s blog. Once again, thanks for reading. We welcome your opinions and discussion!

1. Criminal charges are a possibility concerning the Xavier/UC brawl, prosecutors say. The bench clearing fight that has aired repeatedly on ESPN this week drew multiple lengthy suspensions, but that might not be the end of it.

2. Supreme Court set to hear challenge to Arizona’s immigration law. The state’s controversial immigration law has prompted other states to mirror its policies. The law has been under fire since the beginning. This will be one of the court’s most high profile cases in years.

3. Bipartisan efforts on workers’ comp reform has many confused in Washington. Last week, Republicans approved workers’ comp legislation lauded by federal labor organizations, while Democrats pushed a bill that would sharpen the stipulations of the Federal Employees’ Compensation Act.

4. NTSB pushes to ban all types of cellphones in the car, including hands-free and bluetooth devices. Safety vs. Convenience are pitted against one another in this debate. People are all for safety, but what if there’s an emergency and you need to make or take a call? And what’s to say car stereos, food and other passengers aren’t a distraction as well?

Thanks for reading. We appreciate any and all discussion! Have a great weekend.

At Smith Coonrod Mohlman, LLC. we enjoy keeping up with the latest legal news and sharing it with you. We firmly believe that is important to keep up with industry happenings because it is just one more way that we can help you. The Wall Street protests rage on across the country, and it’s not only the average Joe that’s confused. Legal experts are also grappling with how to sustain this unprecedented act of First Amendment expression. Bisphenol-A is a chemical compound that has found an unexpected path into human tissues- through your retail receipts. Lastly, a $10 million medical malpractice suit was recently settled, which brings us to the question of Damage Caps. Should they exist? Once again, thanks for reading and we welcome your opinions and discussion!

1. Legal experts grapple with how to sustain this unprecedented act of 1st Amendment expression. A firefighter and police sweep of Zuccotti Park, the unofficial headquarters of Occupy Wall Street, highlighted once again the uneven application of rules pertaining to both the park and the overall protest.

2. There’s more than one reason to check your receipts. Bisphenol-A, also known as BPA, is a chemical compound that most commonly finds its way into human tissues through diet. However, recent research has shown that the chemical is finding an unexpected route into the human system- through the handling of receipts.

3. A little girl underwent an amputation of 3 limbs. Today, a $10 million settlement has been reached. One year ago, a 2-year-old girl was rushed to the emergency room. The doctors diagnosed her with a Strep-A infection, a type of flesh-eating bacteria. The doctors managed to save her life, but while she was on life support, the lack of oxygen to her system resulted in the amputation of three of her limbs. Her life will never be the same.

Thank you for reading! See you back next week. Have a great Friday.

At Smith Coonrod Mohlman, LLC. we enjoy keeping up with the latest legal news and sharing it with you. We firmly believe that is important to keep up with industry happenings because it is just one more way that we can help you. This week’s stories touch on legal news on both local and national levels. Office chatter via social media, Kansas Voter ID laws and small business: read on, share your thoughts and opinions. We welcome the discussion!

This week’s legal news stories:

1. Social media emerges as a battleground for protected speech at work. With online reputations being as important as they are these days, it’s easy to see why businesses don’t want employees complaining about their day-to-day troubles brought on by their jobs and the workplace in the online environment. But employees are doing it, and employers are getting in trouble for attempting to regulate it. Would you take the office chatter online?

2. Do new voter ID laws actually work to suppress fraud?  Or just Democrats? There have been 221 incidents of voter fraud in Kansas since 1997. Thirty of the these cases were tried and seven fraudulent voters were convicted. Furthermore, Kris Kobach says this is not a “Republican conspiracy,” because two-thirds of Kansas Democrats are in support of his voter ID bill. Are you in support of this legislation?

3. The American Invents Act of 2011- does it shut out small businesses? Most agree the change in patent legislation was necessary and will actually spur innovation in the United States by streamlining the old system and better aligning US policies with those of the rest of the world. However, entrepreneurs, small businesses and small-scale inventors worry that this new system will give larger corporations a leg up.

At Smith Coonrod Mohlman, LLC. we enjoy keeping up with the latest legal news and sharing it with you. We firmly believe that is important to keep up with industry happenings because it is just one more way that we can help you. This week’s stories are all across the board- Proposition 8, Walmart and AT&T to name a few.

This week’s legal news stories:

1. Indiana lawmakers say $5 million is not enough for the damage caused by the stage collapse at the Indiana State Fair. The August 13th storm that led to the collapse of the main stage left seven dead and more than 40 injured. The state can dole out $5 million, but many think this is inadequate.

2. The California high court listens to key legal dispute over Proposition 8.  Voters approve Proposition 8, or same sex marriage law, but state officials still refuse to back the legislation. The key question at hand is if that state continues to not intervene, can private groups and individuals defend these citizen initiatives?

3. Legal responses to 9/11 terrorist attacks are still in flux. Ten years after the worst attack on American soil, the trauma suffered still haunts us, especially as images of the burning towers splash across television screens as the 10th anniversary approaches. The attacks resulted in a dilemma for the American legal system- security or liberty?

4. Walmart has a guide to come out of of lawsuits on the winning end, even when it technically lost. Six years ago, Walmart agreed to stop renting DVDs online and Blockbuster planned to take the movie rental industry by storm. Today, Blockbuster is bankrupt and Walmart owns the fastest growing movie download site, Vudu. How did that happen?

5. Proposed At&T and T-Mobile merger is both legal and political.  At&T must prove that it would not create an anti-competitive market in a merger with T-Mobile. The actual market needs to be defined, and a benefit to consumers needs to be proven.