Saturday, September 12, 2015

Driver was on phone during fatal hit-and-run accident, police say

Driver was on phone during fatal hit-and-run accident, police say

Don E. Woods | For NJ.comBy Don E. Woods | For NJ.com 
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on September 10, 2015 at 1:56 PM, updated September 10, 2015 at 3:13 PM
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VINELAND — A teenager was on his cellphone when his pick-up truck struck and killed a 69-year-old Millville man in a hit-and-run accident late last month, according to police.
VINELAND_FILE_PHOTOS_VINELAND_POLICE_CREST_10865647.JPG 
Police questioned the teenager following the accident after his father called the authorities. His son claimed to have hit a deer on his way home that night.
Robert Fauver III, 18, of Millville, was charged Thursday with vehicular homicide, leaving the scene of an accident resulting in death, hindering an investigation and knowingly violating a law intended to protect public health and safety.

PLUS: Vineland man allegedly assaulted bus riders, police say

He was also issued motor vehicle violations for use of a cellphone while driving, reckless driving and leaving the scene of an accident, said Officer John Winquist, lead investigator of the Vineland Police Department Traffic Unit.
Richard Seigh, 69, of Millville, had taken a taxi to Cosmopolitan Restaurant on Aug. 29 around 10:30 p.m. The Delsea Drive-located restaurant closed earlier this year.
After arriving at the defunct restaurant, Seigh attempted to walk across the street when a pick-up truck struck him.
Authorities pronounced Seigh dead at the scene.
Police were able to search Fauver's phone after obtaining a warrant, according to Winquist, leading to the charges of driving while on a cellphone.
Fauver was released on his own recognizance.
Don E. Woods may be reached at dwoods@njadvancemedia.com. Follow him on Twitter @donewoods1. Find the South Jersey Times on Facebook.

Sunday, February 21, 2010

$5 million settlement involving cell phone crash provides more fuel for South Carolina texting ban

South Carolina Press:

car-crashCell phones are starting to get a bad rap in South Carolina. A federal court recently awarded $5 million to a woman whose husband was killed while bicycling in Lancaster County, South Carolina in 2007. The driver was allegedly using her cell phone at the time and was distracted. The $5 million is in addition to a $2.5 million settlement that occurred in a State court last December. The prosecution argued that the cell phone usage was a major cause for the crash.

This comes at a time when South Carolina lawmakers are considering a bill that would make it illegal to text while driving. Another bill would force drivers to use hands-free technology in order to use their cell phone while driving. The City of Clemson, South Carolina has already passed first reading of an ordinance that would make texting while driving illegal. Conveniently, Clemson University announced that they have developed and made available a technology that allows hands free texting. That announcement came the very next day.

Deadly bus crash, cell-phone accident may be linked

From PhillyBurbs.com

The driver of a school bus involved in fatal accident Wednesday morning in western Montgomery County has the same name and date of birth as the driver of an SUV in a 1999 Hilltown crash that killed a 2-year-old Perkasie girl.

The Montgomery County District Attorney’s Office identified the bus driver as Frederick Poust III, 37, of Schwenksville.

Authorities in Montgomery County were not identifying the school bus driver and the driver in the Hilltown accident as the same man. Hilltown police said they had no information connecting the 1999 crash with Wednesday’s accident.

On Nov. 3, 1999, a Ford Explorer driven by Frederick Poust III, then 27, of Quakertown, struck a Jeep Cherokee at the intersection of Route 152 and Rickert Road. Morgan Lee Pena, 2½, who was riding in the Jeep, died a day later in Children’s Hospital of Philadelphia from head injuries suffered in the accident.

Poust told police that he had been dialing his cell phone at the time of crash.

According court records, Poust pleaded guilty three weeks later to careless driving and a stop sign violation.

State police Wednesday identified the bus driver as Frederick Proust III. However, Montgomery County First Assistant District Attorney Kevin R. Steele later said the driver’s last name was Poust.

According to state police, the bus was turning left into the Perkiomen Valley Middle School at 7:25 a.m. when it struck a Honda Civic that was heading east on Route 73.

A passenger in the car, identified as Richard Taylor, 27, of Gilbertsville, was killed on impact. The driver of the car, Freddy Carroll, 41, was flown to Hahnemann Hospital in Philadelphia. Five middle school students suffered minor injuries and were treated by the school nurse. Police said there were 45 students on the bus at the time of the accident. The bus driver was not injured.

“At this point the investigation is not completed,” said Montgomery County District Attorney Risa Vetri Ferman. “Certainly there are some preliminary indications that would suggest the bus driver made a turn in front of the other vehicle and that may have caused the crash.”

The 1999 crash that killed Morgan Lee Pena drew national attention. Her mother, Patricia, who was driving the Jeep, campaigned nationwide for a ban on cell phone use while driving.

In response to the tragedy, Hilltown passed a cell-phone ban that carried a $75 fine. Philip Berg, a Montgomery County attorney, challenged the law in 2000 and won his case in Bucks County Court.

There are handheld bans in Conshohocken, Lebanon and West Conshohocken. Last November, a ban on using cell phones while driving in the city of Philadelphia went into effect.

Six states — California, Connecticut, New Jersey, New York, Oregon and Washington — and the District of Columbia and the Virgin Islands ban drivers from using hand-held cell phones.

In January, the state House passed legislation, sponsored by state Rep. Josh Shapiro, D-Montgomery, to ban the use of hand-held cell phones while driving. The bill awaits action in the Senate.

Texting, talking on cell phone while driving a safety hazard, teacher’s death and research show

From Columbian.com

Young drivers, we need to talk.

Do you drive your car while punching in text messages on your cell phone?

Feel the need to connect with your friends moment to moment, even while driving, to learn what they had for lunch and what movie they plan to see?

Think you’re so good you can text and drive safely?

Think again.

Growing concerns among researchers about the effect of texting on traffic safety were driven home last fall, in a fatal traffic crash that pierced hundreds of Hudson’s Bay High School students through their hearts — and teachers, friends and family members as well.

About 4 p.m. on Sept. 15, Antonio Cellestine, 18, was texting a girlfriend as he drove on Northeast St. Johns Road near the top of a hill, taking his eyes off the road at times, according to court documents.

Gordon Patterson, 50, a husband, father and popular teacher at Hudson’s Bay, was riding his bicycle home from school, in a bike lane.

As Cellestine texted, his car drifted into the bike lane, hitting Patterson from behind and throwing him into the air. Patterson died of his injuries.

“I just looked up and whoa!” Cellestine later told a girlfriend in a conversation that was recorded while he was in jail.

Last month, Cellestine was sentenced to five years in prison in what’s believed to be Washington’s first conviction of vehicular homicide while texting. Texting while driving has been against the law only since July 2008.

Worst of the worst

If ever there was a traffic violation that drivers — especially those younger than 20 — need to be warned about, it’s texting while driving.

Consider some facts:

• A 13-month study by the Virginia Tech Transportation Institute placed cameras, sensors and data collectors in vehicles of 241 volunteers of all ages.

The most striking conclusion: Drivers of large commercial trucks who were texting were 23 times more likely to crash, or nearly crash, than truck drivers who weren’t texting.

• Psychologists with the University of Utah used a different method, a driving simulator operated by 20 men and 20 women ages 19 to 23, and studied their responses to various driving scenarios. Those results, revealed in December, said the ones who were texting were six times more likely to crash.

• “Texting drivers look down at their devices for five seconds at a time on average — enough time at highway speeds to cover more than a football field,” according to a study, says the Driven to Distraction Task Force of Washington State.

• Texting is exploding worldwide. In 2008, more than 1 trillion text messages were sent, up from 363 billion in 2007, says CTIA, the international association for the wireless telecommunications industry.

• And drivers younger than 20 were the largest age group of distracted drivers in fatal crashes in 2008.

That’s according to the National Center for Statistics and Analysis, part of the National Highway Traffic Safety Administration.

The dangers of driving while texting are viewed as extreme by many researchers.

As a result, in a major nationwide action, the U.S. government recently ordered commercial truck drivers and federal employees not to text while driving.

‘Particularly problematic’

Plenty of studies also have concluded that driving while talking on cell phones is a danger.

“In experiments using driving simulators, many researchers have found that people engaged in cell phone conversations show poorer driving performance than people focused only on driving,” Ira Hyman and several colleagues at Western Washington University in Bellingham reported last year.

“Although drivers may encounter a number of distractions, cell phones appear to be particularly problematic. Cell phone users perform more poorly than people listening to music, listening to books on tape or conversing with a passenger.”

A 2006 study by scientists with the University of Utah “also found that engaging in a cell phone conversation results in poorer driving performance than being legally drunk,” the report said.

Findings like that are the reason that driving while texting, and talking on cell phones while driving, are against the law in many states, including Washington.

Washington legislators have discussed changing the current law, which now classifies both violations as secondary, meaning that police can’t pull you over just for those; they need another reason, such as speeding.

The Washington Traffic Safety Commission, after reviewing the facts, is asking lawmakers to classify both violations as primary, as is the case in Oregon, said Steve Lind, the commission’s deputy director.

“I don’t think many people disagree that there’s a risk if you are talking on a cell phone or texting,” Lind said.

Would authorizing police to pull folks over and write tickets simply for driving while texting, or driving while talking on a cell phone, deter the practices and save lives?

That’s unknown, Lind said. But making failure to wear seat belts a primary violation around 2001 was a huge success as state troopers and local police pulled over thousands of cars while enforcing the Click It or Ticket campaign over several years, Lind said.

Today, Washington’s rate of seat-belt use is one of the best in the U.S., and officials believe it has decreased the number of traffic deaths.

As for the texting and cell phone law, “It should be a primary law,” Lind said. “People should know this is not a law to be played with or ignored.”

The state Senate on Feb. 5 voted, 33-15, to make the texting while driving a primary offense. But it’s controversial.

“I just have to ask whether the most important thing for law enforcement to do right now is to be out looking to see if people are using their cell phones incorrectly,” said Sen. Cheryl Pflug, R-Maple Valley, who voted against the bill. Sen. Craig Pridemore, D-Vancouver, and Sen. Joe Zarelli, R-Ridgefield, also voted against the bill, while Sen. Don Benton, R-Vancouver, voted for it.

Whether the law is changed from secondary to primary or not, the use of hands-free cell phone devices while driving will remain legal in Washington for now, Lind said.

However, many studies have concluded that hands-free devices aren’t significantly safer than talking on a cell phone while driving, Lind said.

“We don’t believe hands-free cell phones are safer than hand-held cell phones,” said Dick Doane, research analyst with the traffic safety commission. “The problem is not what you’re doing with your hands. The problem is what you’re doing with your mind.”

He added: “The issue is the cognitive impairment, and especially your visual processing. Your eyes may be open but you’re not paying as careful attention to visual stimuli.”

Clown on a unicycle

In a highly publicized study at Western Washington University, psychology professor Hyman and some colleagues designed an experiment performed in Red Square, the university’s large central plaza.

The researchers arranged for a purple-and-yellow-clad clown, with a bright nose, to ride a unicycle around an area where many students converge.

The scientists used trained observers working in pairs to watch four groups of walkers — those talking on a cell phone, those walking alone using no electronic devices, those listening to portable music players, and those walking in pairs.

After watching the walkers go past the clown’s area, where he was highly visible, the observers spoke with the walkers and asked each of them questions.

Asked directly, “Did you see the clown?,” only 25 percent of the cell phone users said they had.

About 51 percent of those walking alone, with no device distracting them, noticed the clown.

More than 60 percent of the walkers who were listening to music spotted the clown, as did more than 71 percent of those walking in pairs.

“We found that individuals walking while talking on a cell phone displayed inattentional blindness in a real-world situation,” the report says.

Plenty of studies are out there to read, some that Lind called “dueling studies.”

For example, a study by the insurance industry, released in January, found that state laws banning driving while using hand-held phones or texting while driving did not result in fewer crashes.

The researchers were with a group that’s part of the Insurance Institute for Highway Safety.

The insurance institute is highly respected, but some experts found flaws in that study, Lind said.

The bottom line seems to be that modern-day drivers — those who want to avoid crashes — are challenged to deal with more and more distractions, as folks get busier and life evolves into ever-increasing complexity.

It’s also true that the major technological distractions like texting and cell phones aren’t the only ones that can kill us — or kill folks we might collide with.

“When you take your eyes off the road — to light a cigarette, to grab food, to turn around and look at your kid who’s screaming in the back seat, or adjust the radio — your vehicle is still moving forward at a high rate of speed,” said Doane, the research analyst with the state traffic safety commission.

“And you may have traveled several hundred feet with your eyes off the road, in a 5,000-pound missile.”

Thursday, January 7, 2010

Driving reporter demonstrates hazards of cellphone use


Seattle Times staff reporter

I'm standing in Qwest Field's parking lot on a chilly morning to drive an obstacle course while blabbing and texting on a cellphone. And to demonstrate the obvious: It impairs driving.

State Sen. Tracey Eide, D-Federal Way, invited media to the exercise because she's introducing legislation Monday to make it a primary offense, rather than a secondary one, to drive while using a cellphone that isn't hands-free.

That means police wouldn't have to wait for you to commit a first violation to bust you for checking e-mail behind the wheel.

Drivers with intermediate licenses or learner's permits wouldn't be allowed to use any kind of wireless communication device. The fine: $124, but more if you cause a collision and injure someone. Rep. Reuven Carlyle, D-Seattle, is sponsoring a companion bill in the House.

Eide cites research that driving while cell blabbing makes you as likely to crash as someone with a 0.08 percent blood-alcohol level (the legal limit), and 23 times more likely to crash if you're texting.

She admonishes us, "We do not get into a vehicle to get on our phones. We get into a vehicle to get from point A to point B safely."

I get a jarring flashback to my high-school driver's ed instructor, Mr. Henry: "You're gonna be laughing real hard when you wake up DEAD!"

But thinking of a friend who'd gotten T-boned and injured by a teenage driver on a cell — not to mention countless near-misses that prompted me to finger-shoot other drivers like Charles Bronson — it seems the legislation doesn't go far enough.

I ask Eide if she'd consider a law like the ones adding worse penalties to crimes that involve guns: Cause a wreck while you're on a cellphone, go to Gitmo. She doesn't find that feasible.

The cars are boxy little Scions. Not exactly what Steve McQueen would have torn through San Francisco in.

In the back seat for instruction: day-glo-jacketed Jeff Maher of Swerve Driver Training. First, we run through the obstacle course of what Maher calls "green cone children" cell-free. Some of it's hard even without the distractions because of abrupt flashing lights that dictate which direction to drive.

Next, I take a run-through talking on the phone.

Since we're journalists, we should also be holding coffee, smoking and perhaps shaving. Or in the case of the TV people, putting on makeup.

I'm thinking "French Connection" and, hitting the gas, I plow into a couple of cones.

Now for driving while texting. I'm swerving around cones, thumbing in a message with the phone in the 12 o'clock position, and Jeff The Instructor is shouting at me to go faster. Get off my back, dude.

Jeff The Instructor is POUNDING ON THE BACK OF MY SEAT to get me to go faster. I want Mr. Henry to meet this man and then apologize to me.

I stop the Scion at the course's end after clumsily texting "blourgh do I neefa drk" — and I haven't hit a single cone while texting!

High fives with Jeff The Instructor seem inappropriate, though.

DRIVER USING CELL PHONE INVOLVED IN CRASH

From WBNG.com:

By WBNG News
Driver Using Cell Phone Involved in Crash

Binghamton,NY (WBNG Binghamton) Careless driving sends one person to the hospital after after a one car crash in Binghamton.

Emergency crews responded to the scene on I-81 North shortly before 9am Thursday morning.

Binghamton Police say the driver was using his cell phone while attempting to take exit 3.

He hit the guard rail, lost control, and ended up off the road.He was taken to the hospital with minor injuries.

Monday, December 28, 2009

Cheshire man, 20, dies at Killington

New Haven Register

CHESHIRE — A 2008 graduate of Cheshire High School died on Christmas Eve in a snowboarding accident at Killington Resort in Vermont.

Alex Westphal, 20, suffered massive internal injuries when he collided with an immovable object, probably a pole or tree, according to his father, Ryan Westphal.

Ryan, wife Ann and Alex Westphal had traveled to Vermont Wednesday morning for a Christmas vacation. They had many fond memories of a ski vacation 15 years earlier that they wanted to re-create, Ryan said. Alex Westphal’s parents brought him to Killington, then left to check into the hotel and go cross-country skiing while Alex snowboarded.

At 11:44 a.m., on his first or second run of the day, Alex Westphal sent his parents a photo he took with his cell phone from the top of the mountain.

“We’re a family that has a lot of contact. It was his way of having us share in that moment at the top of the mountain,” Ryan Westphal said Sunday. “Being up there, being out in nature, he was just incredibly happy.”

At 12:01 p.m., a volunteer ski patrolman found Alex Westphal and started CPR. Ryan Westphal said the CPR continued for about 40 minutes as his son was taken to the hospital, but Alex had died on the mountain.

State troopers found Ryan and Ann Westphal, who were cross-country skiing, and told them what had happened. The reality of the situation didn’t sink in until they went to the hospital and saw their son, said Ryan Westphal. On Christmas day, the couple went to the site of the accident to piece together what had transpired. Ryan Westphal believed it happened quickly, and nothing could have been done to save Alex.

After returning to Cheshire, the Westphals were contacted by one of Alex’s college fraternity brothers. Word of Alex’s accident was spreading, and a Facebook page dedicated to his memory had been created. By late Sunday, nearly 650 people had joined.

“It’s really mind-blowing. People from all different aspects of his life ... are chiming in and saying something nice about him,” said Ryan Westphal. “It’s really helpful in a really difficult time to know that so many people felt that his life mattered.”

Alex Westphal’s funeral will be held this week in Iowa, but his parents are planning a memorial service in Connecticut in the near future. Ryan Westphal said they had initially planned to have a few of his close friends attend, but they’ve been “just blown away” by the “outpouring of people expressing their feelings for him.”

Alex Westphal was in his sophomore year at Hofstra University, but planned to transfer to the SAE Institute in New York City in January to pursue an audio technology degree. Alex’s father said he’d been majoring in business at Hofstra, but his true passion was music.

Alex Westphal was born in South Dakota, and his family moved around to Nashville, Tenn., and Portland, Ore.. before settling in Cheshire in 2000, said Ryan Westphal.

At Cheshire High School, Alex Westphal played basketball, baseball and football, according to his father. His baseball coach, Bill Mrowka, remembered him as very athletic and easy-going. Alex Westphal didn’t let things bother him, but “just kind of rolled with it,” Mrowka said.

Alex Westphal joined the football team senior year.

“He was a great kid,” said Mark Ecke, football coach and a school resource officer at the high school. “A pretty talented athlete, but bigger than that. He came out, he got injured for us, then he stuck with it. He was just a great kid — great kid to be around, positive attitude, always had a smile on his face.”

Ryan Westphal said his son also loved animals, and fostered more than 250 kittens and puppies. Alex Westphal loved music, and would DJ and make his own music. He also did modeling in New York City, and appeared in a photo shoot in Cosmopolitan magazine.